hello johnny: I dwell in Previous City, the place we have got numerous timber that assist take care of the summer season solar. However timber want upkeep on occasion, so my query is that this: If a big tree begins with a trunk just a few ft inside my property line, and the tree cover is with my neighbor- Additionally hangs properly in my yard, who’s chargeable for chopping my neighbor’s facet branches? Can my neighbors reduce the tree down the property line if they do not need it? If a limb of a tree falls on my neighbor’s home, who’s chargeable for the harm?
I’ve instructed to my neighbor to chop down no matter tree they need, however thus far they do not take the trace and go away the branches hanging on their ceiling which makes me panic. thanks to your assist! – tree hugger
Hello Tree Hugger: Whereas I might provide you with common, sensible steering and even a abstract of what I do know concerning the legislation on this state of affairs, your questions contact on authorized points that I did not assume certified to deal with alone. As an alternative of going out on that limb, I turned to Scott Dunn, an area legal professional with the native legislation agency of Flanders, Ellsburg, Herber & Dunn.
“The final rule is that, when a tree is planted on one particular person’s property, it stays that particular person’s property, even when the branches and roots encroach on the neighbor’s property,” he stated in an e-mail. “There may be, nevertheless, an exception if the neighbor can show that he or his predecessors collectively planted, collectively cared for or handled the tree as a partition between two properties. If that’s the case The neighbor might argue that the tree is collectively owned.”
Primarily based in your description, Tree Hugger, this tree just isn’t a collectively owned boundary tree. It is yours. Nonetheless, your neighbor can department out to his property line. That does not imply it could be applicable to take action.
Dunn clarified: “Neighbors might trim branches or roots to the extent that it’s a nuisance, however they must be cautious to not transcend what’s strictly vital and harm your complete tree.”
That brings us to your final query, the large query, about legal responsibility.
“The proprietor (you, the tree hugger) might face legal responsibility if there may be harm to the tree. The dedication will come all the way down to their commonplace of care or upkeep and whether or not they have acted appropriately,” Dunn stated. “Neighbor’s habits, together with doing nothing, may additionally be a think about whether or not they’re appearing appropriately as a result of they’ve the authority to take away branches regardless that they don’t have timber.”
So here is your abstract, Tree Hugger: It is Your Tree. If a department breaks and damages your neighbor’s roof, you possibly can probably be liable. However, the “rationality of upkeep” – as Dunn stated – might be taken into consideration if the tree damages your neighbor’s home indirectly.
From Johnny’s perspective, it feels like you might be doing what you’ll be able to to correctly care to your tree.
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