Laws About Tree Overhanging Property Line
Any tree that is at the boundary of 2 properties is called a boundary tree. (See Reference 1 and 2) In such a case, both neighbors are responsible for maintaining the tree. However, if most of the trunk is in one neighbor's property and beyond the property line, then that neighbor owns the tree and has the responsibility to maintain and prune the tree. (See Reference 1) So, what happens when a tree is overhanging a property line? What are the laws about tree overhanging a property line? |
The law about tree overhanging a property line is very simple and precise. If a person notices a neighbor's tree overhanging his or her property line, then they have the right to trim the part of the tree that is overhanging. The trimming can be done only on those branches that enter into the person's property and the trimming has to done until the property line. While trimming, the person cannot enter into the neighbor's property and cannot trim beyond the property line without first getting permission from the neighbor. (See Reference 1) This is the law about tree overhanging a property line.
If a person informs a neighbor that branches of a tree are overhanging the property line, then the neighbor has the responsibility to trim. A person can also seek permission from the neighbor to trim the branches until the property line. (See Reference 2) If the neighbor does not trim the branches until his or her property line, then the neighbor will be held accountable if the branch falls on someone and causes an injury or if the branch falls and damages the person's house. However, if a branch of a tree growing near the property line crosses the line during a storm or any other natural disaster and causes damage to the person's property, then the neighbor cannot be held accountable. It is considered as an Act of God. (See Reference 1)
On the other hand, if a person trims a tree overhanging his or her property and in the bargain causes damage to the tree, the neighbor has all the rights to sue to the person. In court, the person may end up paying compensation three times the ascertained value of the tree. And, if the tree is considered to be ornamental or historical in nature, then the compensation amount can go up still further. (See Reference 1)
So, when it comes to cutting or trimming branches of your neighbor's tree that are overhanging your property line, it makes sense to first figure out what the laws about trees overhanging a property line say.
More Articles :
 |
Laws About Tree Overhanging Property Line
If there are neighbors, there are bound to be disputes over many things. One such thing that can cause a feud among neighbors is trees. Often, planting trees on property line is questioned by the next door neighbor as he or she may be worried that the branches or roots may come into their property and cause damage to their property or home. Hence, it makes sense to know the laws on planting trees on property line. 
