{"id":6312,"date":"2025-02-07T08:26:57","date_gmt":"2025-02-07T13:26:57","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=6312"},"modified":"2025-02-07T08:26:59","modified_gmt":"2025-02-07T13:26:59","slug":"trees-dont-respect-property-lines-whos-liable-for-accidents-or-hazards","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/trees-dont-respect-property-lines-whos-liable-for-accidents-or-hazards\/","title":{"rendered":"Trees Don\u2019t Respect Property Lines. Who\u2019s Liable for Accidents or Hazards?"},"content":{"rendered":"\n
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Trees are beautiful. They cool our Earth, buffer noise, and drink up stormwater. They offer habitat to birds, and so much more.<\/p>\n\n\n\n

Trees can make beautiful, natural borders between properties. But, from time to time, they do play a role in tensions between deed holders.<\/p>\n\n\n\n

Today we explore a few common conflicts related to trees near property lines. How can resolutions play out in various scenarios?<\/p>\n\n\n\n\n\n\n\n

A Tree Falls Over My Property Line. Who Must Pick Up the Pieces?<\/h2>\n\n\n\n
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You might be surprised. The task generally \u201cfalls on\u201d the deed holder for the land where the branch fell \u2014 even though it\u2019s not their tree.<\/p>\n\n\n\n

But of course, there\u2019s more. And it involves whether the deed holder who owns the tree should have prevented the accident. That means the accident wasn\u2019t a random occurrence. If the neighbor neglected <\/em>the tree, leading to hazardous conditions, the negligent neighbor needs to cover the costs of cleanup.<\/p>\n\n\n\n

What if the tree is somewhere on the spectrum from healthy to hazardous?<\/p>\n\n\n\n

A common scenario involves mature trees that begin to drop limbs in storms. The people next door complain. But the issue is ignored. So the concerned neighbors call out an arborist to check the tree. It\u2019s diseased, and they notify the owner of the land with the tree, requesting preventative work.<\/p>\n\n\n\n

If the neighbors wind up in litigation, the tree expert can help the court determine liability based on negligence.<\/p>\n\n\n\n

Why Should My Neighbor Care What My Tree Does?<\/h2>\n\n\n\n

Your neighbor might have a justifiable complaint for a private nuisance <\/em>if your tree interferes with their enjoyment of their own property. Or they could claim you\u2019re being negligent <\/em>if you\u2019re not behaving with reasonable care.<\/p>\n\n\n\n

Court cases are expensive to undergo, and they can leave lasting bad feelings. The best resolution for tree-related disputes? Talk it out, come to an agreement, and stick to it. But if that\u2019s simply impossible, the parties may have a court hear both sides and determine the actions to be taken.<\/p>\n\n\n\n

Did the neighbors behave unreasonably? Did they cut down or chemically damage a tree on your property? You have a right to recover your losses. For example, you might need a survey to demonstrate it\u2019s your tree. You might have to hire experts to inspect the tree and your landscaping. And you want your tree replaced.<\/p>\n\n\n\n

While you\u2019ll never get the same tree back, at least the law can help financially.<\/p>\n\n\n\n

What About Overhanging Branches, Wandering Roots, or Intruding Bamboo?<\/h2>\n\n\n\n

A dead bough is hanging over your property. You know it\u2019s likely to give out in the next windy storm. Jared, your neighbor, hasn\u2019t responded to your note asking for professional attention to the tree. Fearing potential damage to your home, you have the work done. It\u2019s legally on your neighbor to reimburse you, because Jared knew (or reasonably should have known) of the hazard.<\/p>\n\n\n\n

But exercise care. You may not have tree work done that damages Jared\u2019s tree.<\/p>\n\n\n\n

OK, what if your <\/em>tree is growing over Jared\u2019s property? You may have tree work done on it. You are responsible to cover any damage that this might cause to Jared\u2019s property.<\/p>\n\n\n\n

Tree roots or bamboo moving into a neighbor\u2019s property may be deemed a nuisance<\/em> or a trespass<\/em> under your state\u2019s law. If so, the impacted party may have tree work done and go after other legal remedies.<\/p>\n\n\n\n

In Pennsylvania, for example, a deed holder can ask a court to direct the neighbor to remove bamboo or problematic root systems and be reimbursed.<\/p>\n\n\n\n

By the same token, some state courts have classified tree limbs as a trespass. The offended neighbor may cut branches up to the property borderline. State law might also allow for reimbursement for any professional tree work.<\/p>\n\n\n\n

What\u2019s Up With Trees, Sidewalks, and Utility Lines?<\/h2>\n\n\n\n

The local government handles maintenance of trees in the public right of way \u2014 even though the same trees are owned by the landowners along the sidewalk.<\/p>\n\n\n\n

But\u2026<\/p>\n\n\n\n

Property owners at the corners must not let trees and shrubs block the view of turning drivers.<\/p>\n\n\n\n

And\u2026<\/p>\n\n\n\n

Landowners have the legal obligation to fix their sidewalks \u2014 even if they have to fix breakage from a trunk of a tree that the town maintains.<\/p>\n\n\n\n

But\u2026<\/p>\n\n\n\n

The town does have to step up and take legal responsibility for injuries caused by trees falling in the public walkway on account of poor maintenance. (Sometimes, a local ordinance might expressly assign that duty to the landowners along the walkway. But if the landowners do not step up, the town must.)<\/p>\n\n\n\n

You\u2019ll find that courts have said municipalities aren\u2019t responsible for the (often cringeworthy) tree work that\u2019s ordered by the electric company. We all need electricity and we all have to defer to the electric company\u2019s methods.<\/p>\n\n\n\n

Where Are the Laws That Apply to Me?<\/h2>\n\n\n\n

The laws of trees and deed holders flow from:<\/p>\n\n\n\n