In rural areas, there is less effort to maintain and inspect trees. (Photo: Hector G./CC BY-SA 2.0) ddot.dc.gov/page/ddot-special-tree-removal-permit#:~:text=Private%20property%20trees%20between%2044,healthy%20condition%20cannot%20be%20removed. Ritter v. Bergmann, 72 Fl. App. Ct. 296 (2008) clarified that “Glavin does not require that there be a personal reason to support the use of restoration costs as a measure of damage. Here, the damage done to the Ritters by felling trees on the property next to their home was not just the potential loss of value of the land they hoped to sell, but the loss of their own privacy – regardless of whether Lot 11 was sold or kept. “Tree rights are all you can think about that could lead to conflicts between people about trees,” says Barri Bonapart, a California tree attorney. “It can be penetrating roots, loss of vision, property damage or bodily injury due to a failure of a tree. It can be trespassing and illegal logging or damaging a tree and everything else. According to tree lawyers, most tree rights cases revolve around neighborhood disputes, such as cutting down (without permission, sometimes in retaliation) a neighbor`s tree or if one neighbor`s tree unfairly blocks another`s view. In most states, residents are allowed to cut all the branches of a tree hanging from their property up to the demarcation line, whether or not the tree ultimately survived the felling — it`s called the Massachusetts rule because it was first decided by a Massachusetts court.
But a 1993 California case slightly changed the Massachusetts rule by stating that anyone who wants to cut hurtful branches or roots must act “reasonably,” which means wondering if the action would end up harming the tree. The CC&R can prescribe specifications and rules for trees within the community. If a neighbour or homeowner violates the regulations set out by the CC&R, you can ask the homeowners association for help. If the trunk of the tree is divided by two or more people across the boundaries of the property, it is called a “tree of boundaries”. In the case of a “boundary tree”, all owners own and take responsibility for the tree. Felling trees without the consent of all owners is illegal. Yes. By law, you have the right to cut branches and branches that go beyond the property line. However, the law only allows pruning and felling trees up to the property line. You are not allowed to go on the neighbor`s property or destroy the tree.
If you damage the tree, you can be held liable up to three times the value of the tree. Most trees have a replacement value between $500 and $2500. Ornamental or iconic trees can be worth between $20,000 and $60,000. While you have the right to prune branches or roots at the edge of your property, it`s still a good rule of thumb to notify the owner of the tree before making cuts. The owner may want to share the cost or pay the cost if the size is larger. The court is likely to apply an appropriate standard of care. If your neighbor was reasonably careful to preserve the branch, and the branch didn`t seem about to fall into the hands of a reasonable person, then probably not. If a reasonable person could not have avoided this in any way, then this is considered a “force majeure” and the neighbor is not held responsible.
Ponte v. DaSilva, 388 Mass. 1008 (1983). “The failure of a landowner to prevent the leaves, branches and sap of a healthy tree from blowing or falling onto a neighbour`s property is not unreasonable and cannot be the basis for negligence or private nuisance.” If a tree falls in a storm, who pays?, Lawley Insurance In general, if your property is damaged, you are responsible for the damage. It doesn`t matter if the tree or branch comes from your property, your neighbour`s property or even municipal property. Poplar poles are those that show damage to trees. Often, simply informing the tree owner of your right to self-help or local laws regarding invading trees is effective and can keep the problem out of the courtroom. Utilities may also have an interest in removing the tree if the condition of the tree threatens any of its equipment or causes a fire hazard. A simple call to a utility company can cause them to remove the tree themselves. “In rural areas, the courts are not as strict when it comes to conducting individual tree inspections,” Murello says, noting, however, that a Connecticut court decision found that the greater the risk of potential damage to a tree, the greater the requirement to inspect that tree, whether on a low-traffic country road or on a busy urban sidewalk.
There were now three messages with people cutting down trees that interfered with their visions of marriage. In the rural south, there was recently one with magnolias. According to Victor Murello, a tree attorney in Columbus, Ohio, it`s more common for tree rights cases to surface in urban areas, where desires for personal space and lush landscaping often lead to disputes over trees. The United States Tree Act even has a special rule for people living in urban areas, which states that every tree in an urban area must be inspected and maintained by its owner. If the owner of that tree does not inspect or care for that tree and it falls and hits a person or thing, then that owner is liable. Massachusetts Fallen Tree Law, Mass. Explains who is responsible for a tree that falls on a neighbor`s garden. “Legally, your neighbor is not responsible for a healthy tree falling during a major storm. On the other hand, if the neighbour`s tree was sick or rotten, knew it was in danger of falling and the neighbour did not know it, there could be negligence and liability. Either way, if you have home insurance, insurance companies will fix the mistakes and blame. MGL c.242, § 7 Intentional intrusion into trees, etc.; Infringements are liable “to the owner in tort for three times the amount of damage determined for him”. In other cases, it can be damage caused by a falling tree – and in the worst case, these fallen trees prove deadly.
Lew Block, a consulting arborist and author of tree law cases in the United States, previously worked on a case in which both the defendant and plaintiff in the case died, killed by the same tree fall. Basin v. Fairley, 22 LCR 251 (11 MISC 451773) (District Court, 2014) If a healthy tree extends over the property line, the owners “each own a part [of the tree] and therefore cannot take action against their part [of the tree] that would harm [the tree] as a whole.” In addition, (as per the rewording of the Act, Offences 2d), a person may enter a property to cut down someone else`s tree only if it is an emergency or has permission to do so. The city can also step in and ask the owner to prune or remove the tree if the tree violates a local ordinance, such as: The first step you need to take if a tree owner rejects your proposal to prune or care for the tree is to write a letter outlining your intentions. This is called a letter of formal notice. The neighbor owns the tree. As long as the tree trunk is completely in the neighbor`s garden, it belongs to the neighbor. Most cases revolve around disputes such as cutting down a neighbour`s tree without permission. (Photo: Mikhail Esteves/CC BY 2.0) (Illinois) Neighbor, fell a rare 150-year-old tree that has been in my family for generations. My neighbor dug up his garden and killed a tree just on my side of the property line.
Am I entitled to compensation for the tree? “It`s crazy how many arguments people have about trees.” Evans v. Mayer Tree Service, Inc., 89 Mass. App. Ct. 137 (2016) A logging company cut down trees at the express request of a federal official who mistakenly believed that the plaintiff had given written permission to have the trees destroyed. The Court of Appeal overturned the dismissal and referred it back to the Superior Court. “As long as the act of felling was intentional and the act was without a permit, there is liability – even if only for individual damage – even if the person who cut down the trees had `good reason to believe` that they were `legally authorised` to do so. Most of a large tree hangs above my garden, but the trunk is in the neighbor`s garden. Who owns the tree? Cities regularly prune and prune trees on municipal property or when threatening urban properties. However, if the branches that lose the leaves hang over your garden or if the tree trunk enters your property, you have the right to cut these branches to the property line.
