Who Pays For Tree Removal On Property Line?

Shade from the sun in the summer, shelter for birds, and aesthetic value are all benefits that trees may bring to your land. However, if trees aren't managed properly, they might dump debris over the fence or cause other issues, leading to friction between neighbours. If you and your neighbours have a history of tension, it's extremely vital to establish your legal standing before taking any drastic action over your tree.

A neighbour's tree could potentially cause damage to your home due to its overhanging branches. Perhaps you're wondering what you're legally entitled to do with the tree on your property. Here are some standard guidelines for dealing with low-hanging tree limbs. You should also research the legislation in your locality to see whether any additional requirements apply to you.

Here are some answers to frequently asked questions about tree-related neighbour issues, such as who has the authority to cut back on encroaching branches and how trees affect (and sometimes define) property lines.

Is A Tree On Your Property?

A property survey is typically needed during the home buying process. Your property lines will be clearly delineated with the help of this survey. This survey will help you identify which trees are located on your land and which are actually located on the neighbor's. You are responsible for the maintenance of any trees whose trunks are located within your property line.

That old maple tree is located on your neighbor's land. A massive tree canopy covers the landscape. Over your yard and possibly even your house, it reaches well beyond the boundary. You have been polite up to this point, but you have informed your neighbour that leaves and seed copters from "his" tree have littered your yard and clogged your gutters. You've dropped hints to him that he should cut the tree down. Unfortunately, he hasn't taken any action, and the mess is only growing worse. Just what are your options?

The first step is to have a frank conversation with your neighbour about the tree and the issues it's producing. You're under no duty to chip in towards the cost of tree maintenance, but doing so could be a nice gesture. However, if the neighbour still refuses to help, you do have other choices.

How can we tell if this tree is actually ours? The tree is yours if its main trunk is located wholly within your property line, regardless of whether you or the prior owner planted it. The landowner is typically responsible for maintaining any naturally occuring trees on their property as well.

Boundary trees are ones that stand on a shared line between properties. The trees are jointly owned by the landowners and the tenants. If a tree's trunk crosses property lines, any owner who owns land adjacent to that tree has a stake in it. Even if a tree is placed entirely on one person's land, it may still be regarded as a border tree if the adjoining property owners have treated it as common property by either express agreement or by their course of behaviour. Since the tree is owned jointly by both landowners, neither one can unilaterally remove it or prune the portion that grows on their property without the other's permission.

Property Overhanging Branches

Although the tree itself may be located on your neighbor's land, you are still responsible for removing any branches that cross over into your yard. If you decide to cut down any trees or bushes, you'll have to pay to have them removed. You have the right to prune up to the boundary lines of your land. When performing maintenance on tree limbs, however, you need to be careful not to cause any harm to the rest of the tree.

You could be held responsible for up to three times the cost of replacing a tree if your acts harm or kill a neighbor's tree. The average cost to replace a tree ranges from $500 to $3,000, depending on its size and species. The price of certain uncommon trees might reach into the tens of thousands.

Forestry Laws And Your Trees

Our rights associated with trees prevent us from being sued for trespassing or being accused of creating a nuisance if we cut down or trim branches that reach beyond our property limits. It is against the law to damage our trees on our property. If the trespass is upheld, the person or people responsible for cutting down, destroying, or otherwise injuring our trees may be forced to pay compensation equal to, or even greater than, the value of the tree. Tree cutting and other forms of right-of-way maintenance by utilities and municipalities sometimes cause the most contention since they are seen as an intrusion on private property.

As a first step in resolving a tree-trimming disagreement with a utility or service provider, you should verify the company's legal right to perform the work. Users of a right-of-way have no legal protections beyond those explicitly granted by the authorities responsible for maintaining order on the streets.

Examine your property to see if an easement exists that would grant access to the public service, if such permission is granted. For instance, a property owner whose land includes the entire street has an interest in the trees bordering the roadway's public right-of-way. However, the utility's right to use the street does not give it permission to cut down trees or take other uncompensated property from the landowner. Compare this to a case where the city plans to take your land for streets.

The owner of an easement has the legal right to remove any impediments within the boundaries of the easement that are in the way of the owner's full enjoyment of the easement's benefits. Similarly, the easement holder is obligated to clear the path of obstructions in a manner that causes the landowner the least amount of harm. To achieve this, only take "reasonable and necessary" measures to protect the easement holder's right to use the land. The terms "reasonable" and "necessary" are very contextual and subject to interpretation. In most cases, however, there are accepted practices for pruning trees.

Tensions Over Boundaries

A tree's location on a property line is not always obvious. Locating whether something is on your property or a neighbour's can be tricky. Imagine that you either don't have a current survey of your land or that the one you do have is inadequate. In such a circumstance, you may need to commision a fresh survey and have the surveyor clearly demarcate the limits of your land.

If a tree's trunk happens to be smack dab in the midst of your property line, you and your neighbour will share equal responsibility for its upkeep. If a tree falls on your property, you're expected to fix whatever part of it is on your land. Individually, you should take care not to do anything that could harm the tree as a whole, such as disturbing the roots or applying poisonous chemicals. If a tree is planted on the boundary line, neither party can cut it down without the other's permission.

Dangers Already Recognized

If you have trees on your property, you should check them often for decay and disease. Additionally, you should check for any branches that appear to be broken or weak. It is likely that you may be held accountable for any damage caused to your neighbor's property by the collapse of any hazardous tree on your land.

In addition, you may be held accountable for any damage done to your neighbor's property if they offer you a warning about a tree or portion of a tree they consider is a hazard, or if they make a complaint with the town about a tree on your property that they perceive to be a hazard. The municipality may demand its removal if a complaint is lodged, or they may send someone to do it themselves.

A Tree Must Fall First

Do not wait for his dead, diseased, or leaning tree to fall through your roof or across your property line before writing a letter to your neighbour about it. The following information should be included in the letter:

• Description of the problem
• Request for action
• Photographs

Owner Liability For Trees

In most cases, a duty of care, as established by negligence principles, will be placed on the landowner on whose property a tree is located. Using common sense when caring for trees will reduce the risk of someone getting hurt or someone else's property being damaged.

If a tree on their property causes damage, injury, or death, the landowner is responsible if they have actual or constructive knowledge of the tree's obvious flaw. When living in a city, tree owners are responsible for conducting a thorough tree inspection to identify any potential hazards and removing them from the property. In rural areas, there is no obligation to conduct a tree inspection, yet responsibility has been upheld for natural trees where the presence of danger was known or should have been obvious.

Most "Acts of God" exempt landowners from responsibility. An Act of God is a natural disaster (such a storm, flood, or lightning strike) that could not have been avoided with reasonable human precautions and planning. A property owner is not immune to responsibility for any harm caused by a hazardous or faulty tree on their property. If the consequences of an event could have been avoided with the use of common sense and care, then it is not an Act of God.

In other words, a landowner is not liable for damages that result directly from an act of God. However, the landowner loses the right to the Act of God defence and becomes liable if the harm might have been avoided with ordinary care or reasonable diligence.

In most cases, when you engage a tree service, they'll cut down and haul away any and all tree remnants on your land, right up to the border. Your neighbours will have to pay to have the tree cut down and any necessary repairs made to their house. For help with cleanup and repairs, they should get in touch with their homeowner's insurance company.

Even if a tree on your property causes damage to a neighbor's property, you are not liable for the cost of making repairs or cleaning up the mess. The insurance company for your neighbours may send you a nastygram demanding payment for their damages and cleanup. Stop making payments to them immediately. Generally speaking, you have no need to fix or clean up after your neighbours.

In most cases, the insurance company will threaten legal action if payment is not made. You would think you have to foot the bill for your neighbours' cleanup and repair if you didn't know any better. But in most cases, you won't be held responsible. In such cases, We have had to write replies to insurance companies, reminding them that, barring exceptions, Michigan law makes each property owner (and their insurance company) accountable for the repairs and clean up of such owner's property in the event of an act of God.

But suppose the tree fell and destroyed a fence. So, whose fault is it? The standard reply from a lawyer is "It depends." It all has to do with whose land the fence is on. If the fence is located on your land, for instance, fixing it is your responsibility. However, it is not required that you repair or replace the fence. The fence can be rebuilt if desired, or taken down entirely if you like. You own the fence. You're free to act whichever you like.

What if the trees are pruned by the elements? Strong winds and frequent lightning bolts suggest the onset of storm season. This is not the first time we've noticed a spate of fallen trees in recent days. One of your oak trees fell along the boundary during one of those storms. The tree came crashing down, breaking a fence on the boundary between your properties and landing with a thud on your next-door neighbours' roof. This tree only dropped a few feet onto your property. Can you describe your role and the responsibilities that come with it?

It's possible that you and your neighbour will each assume that you're the one tasked with cleaning up the tree's debris because it was your tree. However, you are not liable for the harm done to your neighbours' property unless you were careless in some way. If the tree had been rotting for years and you had intended to chop it down but didn't, you might be held liable for the resulting harm. Nonetheless, since this is an act of God, you are usually not liable for the resulting property damage to your neighbours.

Fixing and cleaning up one's own property is the responsibility of the property's owner. Applying the previous oak tree illustration, your duty and associated costs would cease at the boundary of your land. Only on your property are you liable for fixing the damage and cleaning up the fallen tree. Your first step should be to call your homeowner's insurance company and then to cooperate with the adjuster assigned to your claim as you make repairs and clean up the affected area.

How Can I Get Experienced Legal Counsel For A Tree-Neighbor Dispute?

Tending to neighbour and tree disputes involves tact and consideration. If you have a lawyer look over the details, they can advise you based on the local laws and your unique situation. You should consult a local real estate attorney for advice before initiating any legal action, though.

Conclusion

The overhanging branches of a neighbor's tree could fall and damage your house. Concerns about trees in the neighbourhood? We've got answers. Since trees can influence (and even demarcate) property lines, whose responsibility is it to trim back overhanging branches? If the tree's trunk is completely inside your boundary, it belongs to you. Trees that grow organically on private property are normally the responsibility of the proprietor.

If a tree's trunk extends beyond the boundaries of one property, all adjoining landowners have an interest in it. Taking any action against the trees on our property is illegal. If the trespass is upheld, the party or parties guilty for harming our trees could be required to pay damages that exceed the worth of the trees themselves. The portion of the tree that lands on your property must be repaired if a tree falls on your property. Neither party may remove a tree from the boundary line without the other's consent if the tree was established there.

If a complaint is filed, the city may order its removal or assign someone to do it. In the event of a natural disaster, the landowner is usually not held liable. If the landowner could have taken preventative measures to lessen the damage, the Act of God defence would not apply. You will not be responsible for fixing the damage or cleaning up the mess caused by a tree on your property if it falls and causes damage to a neighbor's property. You probably won't get into any trouble.

To fix a fence on your property, for example, would fall under your purview. In the event of a natural disaster, each property owner in Michigan is responsible for the cleanup and restoration of their own property in accordance with state law. The damage to your neighbours' property is not your responsibility unless your carelessness directly contributed to the incident. On your own property only are you responsible for making repairs and clearing away the tree. Before taking any legal action related to real estate, you should get the advice of a competent real estate attorney.

Content Summary

1. Prior to taking any serious action about your tree, it is essential to understand your legal status if you and your neighbours have a history of hostility.
2. Maybe you're curious about your options regarding the tree on your property.
3. If a tree's trunk is within your property line, it is your responsibility to keep it healthy.
4. Your neighbour owns the property where the old maple tree is.
5. What precisely are your available choices?
6. Communicating openly with your neighbour about the tree and the problems it's causing is the first step.
7. Whether you or the previous owner planted the tree, ownership of it passes to you if its main trunk lies entirely within your property line.
8. Trees that are situated on the boundary line between two properties are called boundary trees.
9. The landowners and the renters share equal ownership of the trees.
10. If a tree's trunk extends beyond the boundaries of one property, all adjoining landowners have an interest in it.
11. If a tree is located on your neighbor's property but is encroaching onto your yard, you must prune it.
12. It will cost you money to have any trees or bushes removed from your property.
13. You are permitted to prune to the property lines.
14. It's important to take precautions when performing maintenance on tree limbs so as to avoid damaging the tree as a whole.
15. If your actions cause damage to or cause the death of a neighbor's tree, you could be liable for up to three times the cost of replacing the tree.
16. Taking any action against the trees on our property is illegal.
17. Utility and municipal tree cutting and other forms of right-of-way maintenance can be contentious since they are often regarded as an encroachment on private land.
18. If you have a dispute with a utility or service provider about tree pruning, the first step is to make sure that the company has the authority to do the task.
19. Verify the condition of your land to discover if an easement exists that would allow access to the public utility.
20. Example: a landowner whose property encompasses the entire street also has a stake in the trees that line the street's public right-of-way.
21. The utility company has the right to use the street, but that does not give them the right to cut down trees or take other property from the landowner without paying them for it.
22. If a tree's trunk is directly in the middle of your property line, you and your neighbour will each be responsible for its upkeep in equal measure.
23. The portion of the tree that lands on your property must be repaired if a tree falls on your property.
24. Should a dangerous tree on your property fall and cause damage to a neighbor's property, you could be held liable for repairs.
25. If a neighbour warns you about a hazardous tree on your property, or if they file a complaint with the town about a tree on your land, you may be held liable for any damage caused to your neighbor's property.
26. Do not put off writing a letter to your neighbour about his dead, sick, or leaning tree until it causes damage to your home or crosses your property boundary.
27. Preventing injuries and property damage by exercising common sense when caring for trees is a top priority.
28. Any property owner who knows, or should know, that a tree on their property is dangerous is accountable for any harm that results from the tree's presence.
29. In the event of a natural disaster, the landowner is usually not held liable.
30. If someone gets hurt because of a faulty or dead tree on private land, the owner is still responsible.
31. A landowner is not responsible for losses caused by natural disasters.
32. Your neighbours will have to foot the bill for removing the tree and fixing their property.
33. Homeowners should contact their insurance provider for assistance with cleanup and repairs.
34. You are not responsible for paying for your neighbor's repairs or cleaning up if a tree on your property causes damage to theirs.
35. As a rule, insurance companies will threaten legal action if they are not paid.
36. If you didn't know otherwise, you may assume that you're responsible for paying for your neighbours' cleanup and repair costs.
37. However, you won't have to worry about blame in most scenarios.
38. We have had to respond to insurance companies in this way, reminding them that, with few exceptions, Michigan law holds every property owner (and their insurance company) responsible for the costs associated with making repairs to and cleaning up after damage caused by an act of God.
39. But let's say the tree fell and the fence was damaged.
40. An attorney's stock response is always "It depends."
41. Whose property the fence is on is the deciding factor.
42. To fix a fence on your property, for example, would fall under your purview.
43. Storm season has arrived, and with it come gusty winds and frequent flashes of lightning.
44. We have seen a number of trees fall in the past few days, so this is not an isolated incident.
45. The tree only fell a short distance onto your land.
46. Perhaps you and your neighbour will each assume that you are responsible for clearing the tree's debris because it was your tree.
47. As long as you use reasonable care, you will not be held responsible for any damage you do to your neighbours' property.
48. Nevertheless, since this is an act of God, you are typically not responsible for the following property damage to your neighbours.
49. The burden of maintaining and cleaning up one's own property falls squarely on the shoulders of the property's owner.
50. Continuing with the prior oak tree example, your responsibility and associated expenses would end at your property line.