Everyday Law Regarding Trees

Trees. They provide shade, filter CO2, look beautiful (sometimes), and can cause all sorts of headaches for neighbor-to-neighbor relationships. I’ve heard of so many arguments over hanging branches, accidental (and not accidental) killing of trees, dying trees, etc. that it’s amazing people even plant trees on their property anymore.

Ownership

In general, to determine ownership, look at where the tree comes out of the ground. If it comes out on your property, it’s considered yours. If it comes out on your neighbor’s property, it’s his or hers. If it’s in both, it’s considered a boundary tree and both parties have ownership. With ownership comes the responsibility to maintain it, so whomever owns the tree has to maintain it.

Trimming Branches

If you don’t own the tree and there are branches leaning over into your property, you are legally allowed to trim them (make sure you don’t have any tree trimming laws, I’ve read horror stories like the one I just linked to).

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