There are many different situations that might give rise to disputes between neighbors. Sometimes, people who own adjacent properties disagree about the boundary between their parcels. Other times, the boundary is clear, but the conduct of one neighbor may affect the property value of the adjacent property.
Trees can be a valuable addition to the landscaping around homes. Mature trees can add thousands of dollars in property value. They contribute to curb appeal and may affect how people view or utilize the property.
Unfortunately, trees can also be a nuisance. Their roots can damage pavement and foundations or affect the plumbing near a home. They can drop leaves, seeds and fruit. Without proper maintenance, their branches might fall during a storm and damage property. Sometimes, one neighbor makes the decision to trim another’s tree and may cause damage by doing so.
Tree trimming can be a complex matter
Typically, every property owner is responsible for maintaining their own yard. They need to monitor the health of the trees on their property and take appropriate steps to address illness or remove a dead tree. They may also need to talk with neighbors about a tree that is close to or at the boundary line between properties. When there are unresolved issues related to a tree near the boundary line, the neighbor living at the adjoining property can sometimes trim the tree even without the permission of the tree’s actual owner.
Trimming the branches that grow over the adjacent property is theoretically permissible. Neighbors can also take steps to trim roots that may damage their patios or choke out their garden plants. However, they can only trim to the boundary line in most cases. Additionally, they need to ensure that they do so appropriately and do not sicken or kill the tree through their actions.
In scenarios where neighbors overstep their rights or significantly damage a tree through inappropriate trimming, the affected neighbor may have grounds for a civil lawsuit. Homeowners who lose valuable trees due to inappropriate trimming or a neighbor cutting down a tree without permission may be able to seek compensation for the impact those actions have on their property value.
Reviewing details regarding the placement of a tree and the actions of a neighbor with a skilled legal team can help people settle real estate disputes related to tree trimming issues. Litigation may result in an award of damages that can offset the reduction in property value triggered by the removal of a tree.
