Be a Good Neighbor -Common Tree Issues

Home Owners | Real Estate |

We’re reaching the end of Hurricane Season, but with winter fast approaching, we feel it’s a good time to remind you about tree rights, responsibilities and ownership. Trees can cause issues any time, but especially during periods of bad weather. Below we’ve listed a few scenarios that are good for you to know as a home and tree owner!

1. A neighbor’s tree branches hang over an owner’s property. What rights does the owner have?

*The owner can trim the branches up to the Property line.
*The owner cannot go onto the Neighbor’s property in order to trim the branches.
*The owner cannot destroy the tree in the process.

2. A tree stands directly on the property line. Who owns the tree?

*Such a tree is a boundary tree.
*Neither party can remove the tree without the other’s consent.
*Both parties are responsible for maintaining the tree.

3. A tree trunk is clearly on a neighbor’s property but the tree leans over onto the owner’s property. Who owns the tree?

*The neighbor.

4. A neighbor grades his property and in the process damages the root system of the owner’s tree and the tree dies? What are the owner’s rights?.

*The neighbor owes the owner the value of the tree.

5. The neighbor’s tree looks like it is going to fall on the owner’s house. What can the owner do?

*The owner can trim the overhanging branches back to the property line.
*The owner can call the local government arborist division and should write a letter to the owner to remove after arborist assessment. Typically a dangerous tree ordinance will require the owner to remove the tree or the government will step in and require the owner to do so.

This content is for informational purposes only. Not to be relied upon as legal advice. Nothing in this blog should be construed as creating an attorney-client relationship. MMH is not responsible for, does not endorse or accept liability for any externally linked site or its content. MMH does not give any representation regarding the safety, reliability or accuracy of the content or materials contained on any external website.