Laws On Planting Trees On 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. |
If a tree is growing on the property line, then it belongs to both neighbors. The two neighbors are joint owners of the tree and they both have the responsibility to maintain and look after the tree. If one of the neighbor's cuts or trims the tree without seeking consent from the other neighbor, then he or she will be liable to pay the other neighbor damages for this act. Therefore, it is best to get a written consent from the neighbor before chopping down or trimming a tree on the property line.
If the branches of a tree are overhanging the property line, then consent should first be sought from the neighbor before trimming those branches. The law clearly states that the tree belongs to the person on whose property it is growing and hence, another neighbor cannot take it upon himself or herself to chop down the tree or prune the tree without prior consent from the owner of the tree.
So, what happens to the fruit if a fruit is growing on the property line? If the tree is bang on the property line, then both neighbor's have the right to the fruits from the tree. However, if the tree is growing on one neighbor's property and the branches are overhanging across the property line, then the fruit belongs to the neighbor and not the other person. The neighbor must be given access to the other person's property to pluck the fruits or to pick up fruits that have fallen over the property line.
Hence, planting trees on the property line can cause unnecessary disputes between neighbors. It is best to take consent of a neighbor before you plant a tree. However, at times when disputes have arisen between neighbors over planting of trees on the property line, the judges have not given judgment according to the law, but as what they feel is right. This has set precedence in several states when resolving disputes over planting of trees on property line.
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