A neighbor can be a reliable friend, a pleasant acquaintance or the source of irritation. No matter the level of friendship you have with a neighbor, this relationship could be tried, complicated or dismantled by roots that were established long before either of you resided there. A tree could suddenly go from a beautiful piece of landscape to the source of a major dispute with your neighbor.
Real estate disputes involving tree tiffs is not uncommon between neighbors, and these qualms could take many forms. As such, it is important to explore laws concerning trees and the rights and responsibilities of you and your neighbor when tree disputes arise.
Property lines and tree disputes
Over the months, years and decades, trees will grow. While they grow at different rates, a tree that abuts or straddles a property line is likely to create disputes and confusion. When tree limbs extend into your neighbor’s property, they are free to trim the branches that cross the boundary line. However, if they trim beyond the property line, the neighbor can be held liable for any harms caused to the tree. Trimming beyond the property line can also be considered property damage, allowing the property owner to seek damages.
For trees straddling the property line, these are known as boundary trees. These trees are owned by the properties the trunk sits, and their upkeep is the responsibility of all owners. The removal of boundary trees can only occur when all parties involved give consent.
Damage caused by a tree
When a tree limb or an entire tree falls onto a neighbor’s property, it could cause serious damage to your neighbor’s property, home or vehicle. If the property owner with the tree failed to properly maintain the tree, they could be held liable for the damages caused. A poorly maintained tree with dead branches or visible disease or poor conditions that look like it could fall is likely to result in liability.
However, if the property owner took reasonable steps to maintain a tree that is not in good condition or if a healthy or maintained tree falls or loses limbs because of a natural disaster, a property power will likely not be held liable for the damages caused on a neighbor’s property.
Damages caused by a tree or tree disputes concerning property lines are only some of the disputes that could arise between neighbors concerning trees. Thus, if you are involved in a dispute with your neighbor because of a tree, it is important to understand the laws concerning the situation, and your rights and responsibilities in the matter.