Tree Removal Agreement between Neighbor`s
“Liability risks in pruning a neighbor`s tree,” by Bruce Medoff and Philip M. Hirshberg, 24 Mass. Weekly Lawyers 1967 (June 3, 1996) However, if the tree is unhealthy or dead when it falls, your neighbor is responsible for the damage it causes. It is an incentive for him to preserve his property in a way that does not harm others. Both parties have a tree that extends over the property line. Pruning branches and cleaning dead leaves are on the side of each owner of the line. If you want to send a letter of complaint to your neighbor regarding the removal of the building, you should not overdo it. You can use the following sample letter as a guide: Basin v. Fairley, 22 LCR 251 (11 MISC 451773) (Land Court, 2014) When a healthy tree extends across the property line, owners “each have ownership of a part [of the tree] and therefore cannot take action against their part [of the tree] that would violate [the tree] as a whole.” In addition, (according to the new version of the law, Torts 2d), a person can only enter the property to cut down another person`s tree if it is an emergency situation or if they have permission to do so. I live in [address].
I am writing about the concerns I have about potentially dangerous trees in your garden. If you don`t know how to write it yourself, address your problems and concerns with this sample letter to a neighbor about tree removal. Owners have a legal obligation to ensure that their trees do not pose a threat to neighbors or their property. I would be grateful if you would inspect the trees and, if they pose a potential risk, remove or prune them. The only exception to this scenario would be if the tree, the roots of the tree or its branches present a serious danger or a danger to the health of the surrounding properties. Most of a large tree hangs over my garden, but the trunk is in the neighbor`s garden. Who owns the tree? If my neighbor`s branches hang over my garden, can I cut them? Ponte contre DaSilva, 388 Mass. 1008 (1983). “The inability of a landowner to prevent the blowing or fall of leaves, branches and sap from a healthy tree on a neighbour`s property is not unreasonable and cannot be used as a basis for establishing private negligence or harassment.” If you have talked to your neighbour about the problem of trees and he has done nothing about it, you have laws that protect you. The tree can be a nuisance in that it interferes with your use and enjoyment of your own property. You can sue for harassment, and if the court finds the truth is a nuisance, the court can order the removal of the tree. In your situation, do not remove the tree without the written consent of your neighbour.
To get this consent, it probably means you`ll have to pay yourself for the withdrawal, but it`s better than being sued. No. Leaves are considered a natural product. Even if the leaves cause damage, such as . B clogging your gutters or pipes, you have no legal claims against the tree owner. Evans v. Mayer Tree Service, Inc., 89 Mass. App. Ct. 137 (2016) A tree company felled trees on the express instruction of a federal official who mistakenly believed that the applicant had given written permission to destroy the trees. The Court of Appeal set aside the rejection and referred it to the Supreme Court.
“As long as the act of cutting was intentional and the act was unlicensed, there is liability – even if only for individual damage – even if the person cutting down the trees had `good reason to believe` that he or she was `legally entitled to do so`. Utilities may also benefit from removing the tree if the condition of the tree threatens any of its equipment or causes a fire hazard. A simple call to a utility can cause them to remove the tree themselves. However, if the branches that lose the leaves hang over your garden or if the tree trunk enters your property, you have the right to prune these branches to the property line. “Trees on property lines are a common complaint between neighbors, but not so much in the courthouse,” says Cleve Clinton, a partner at Gray Reed, a Dallas and Houston-based attorney and counsel. “As you might expect, it`s hard to justify paying legal fees on a tree – on both sides. But disputes over trees near the property line can involve large sums of money, especially if the tree is damaged or dies. In the monument case on this subject, the adjacent owner was compensated for the lack of shade provided by the tree, as well as the value of the tree removed.
In most places (and we point out that laws in your area may vary), homeowners are liable for damage to border trees on their own property if the damage caused by the fallen tree is caused by force majeure or during a hurricane or other extreme weather conditions. So it all depends on which side of the property line the damage occurs. .