Is it illegal to remove a tree from a boundary line Law

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Trees on a Property Line: What Are Your Rights? Your

9 hours ago

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Trees Neighbor Law Guides at Texas State Law Library

7 hours ago State law that governs tree removal by placing restrictions on how municipalities can regulate tree removal in their jurisdiction. State law giving authority to certain county commissioners courts to prohibit or restrict clear-cutting of live oak trees in unincorporated parts of the county. Trees are often regulated by Texas municipalities.

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Can A Tree Be A Nuisance In A Court Of Law

3 hours ago Conflicts Involving Trees and Neighbors FindLaw. 9 hours ago Findlaw.com Show details . However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree.If you do harm the tree, you could be found liable for up to three times the value of the tree.Most trees have a replacement value of between $500 and $2500.

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Massachusetts law about neighbors and trees Mass.gov

7 hours ago Bassin v. Fairley, 22 LCR 251 (11 MISC 451773) (Land Court, 2014) Where a healthy tree straddles the property line, the property owners "each hold title to a portion of [the tree], and thus neither can take any action against their portion of [the tree] that would injure [the tree] as a whole." Furthermore, (in accordance with the Restatement of the Law, Torts 2d) a person can only enter

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Tree on Boundary Line – Adjoining Landowners

4 hours ago Bergin, 285 Minn. 250 (Minn. 1969), the defendants challenged a decision obtained by the plaintiff ordering the removal of a tree that was found to be a nuisance. It was contended by the property owners that the tree rested, in part, on the common boundary line and had become a boundary-line tree making the neighbors tenants in common.

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Remedies for Wrongful Damage to a Boundary Line Tree

4 hours ago A boundary line tree is a tree that marks the line between two pieces of property. Boundary line trees are used instead of a fence marking the divide between land. It’s commonly used when a property owner is concerned about the appearance of the land. The side of the line the tree rests on determines who owns the tree. For example, say a tree

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Tree Removal Regulations by State – Tree Removal

2 hours ago

1. The city government of Juneau has no requirements involved in the removal of trees, nor does it require any permits beforehand. However, the city government of Anchoragehas specific rules wherein the director of development services can come in and remove trees that are dead, hazardous, or illegally located (i.e. on private property between two sidewalks or near public pavement). Any residents of Anchorage who intend to plant trees in their front yard should be sure they’re located far enough back from the sidewalks to avoid this forcible removal by the city. Back to Top

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Frequently Asked Questions About Tree Law in Massachusetts

Just Now However, our request to remove all the rotten tees went unanswered. On March 2nd 2018, two huge rotted limbs from two of the trees fell on our side destroying our fence again and causing havoc on some of our young trees. Because the trees represent a danger to our family, is it against the law to ignore the situation.

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Georgia Laws on Property Disputes Between Neighbors Nolo

Just Now A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Sometimes even a hedge can act as a boundary. To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see

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California Property Line Laws: Fence & Tree Trimming

Just Now California property line fence law sets out the rules concerning the construction and maintenance of fences on boundary lines between neighboring properties. The state also has strict laws on tree trimming; a person must act reasonably and avoid negligently damaging or killing another person's tree.

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In the Shade of a Tree: Analyzing the Treerelated Legal

4 hours ago In Minnesota, the mere presence of a tree trunk on the boundary line does not create a boundary tree or determine ownership. Instead, the court looks at the intention of the neighboring property owners. A tree is a boundary tree if it was planted jointly or treated as common property by agreement, acquiescence, or course of conduct. 1 For example,

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Tree Removal Laws In Maryland faqlaw.com

Just Now Tree Removal Laws In Maryland faqlaw.com. Just Now Tree Laws and Programs Montgomery County, Maryland. 9 hours ago Montgomerycountymd.gov Show details .To request a new street tree or maintenance of an existing street tree, contact MC311 at mc311.com or by calling 3-1-1.Street trees are subject to two laws: the Montgomery County Roadside Tree Law and the Maryland Roadside Tree Law

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Tree Owner’s Rights and Responsibilities

4 hours ago conduct. Border line trees have a trunk that is located entirely on one side of the property line, but the roots or branches of the trees extend over the line (Bloch [Tree Law Cases in the USA]). Each landowner has an interest in both boundary and border line trees. According to Tennessee law, an adjoining landowner may prune away roots or

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Tree Owner’s Rights and Responsibilities

4 hours ago Boundary trees are those located on a common boundary line of adjoining landowners. Boundary trees are owned by both landowners as tenants in common. Each landowner whose land contains any part of a tree trunk has an interest in that tree. Trees located completely on one person’s property can be considered a boundary tree if the adjacent

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Can A Neighbor Plant A Tree In Your Yard Law

1 hours ago 4 hours ago The book Neighbor Law, by Attorneys Emily Doskow and Lina Guillen, provides extensive advice on tree-related law and liability issues involving invading branches, damage from an unsound tree, boundary trees, and more, including how mediation or small claims court can help resolve tree disputes. Talk to a Lawyer.

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Tree Removal Tips: What are Boundary Trees?

5 hours ago How does the law define boundary trees? When deciding who a tree belongs to, you need to know that the Boundary Tree Ruling of 2013 established that the “trunk of the tree” includes everything from the root-collar to the trees lowest branch. If any portion of the trunk, as defined in the previous sentence, crosses the property line, the

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The Definitive Guide to Tree Disputes in California

3 hours ago line and another trunk growing on the other side of the property line, the . entire. tree belongs to both neighbors in common as long as the point at which the tree grows out of the ground lies on both sides of a property line. 18. Even if the neighbors construct a fence or boundary over the middle of the

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Michigan Tree Trimming Laws Sinas Dramis Law Firm

5 hours ago In Michigan, it is a crime to maliciously destroy a tree. Penalties for the destruction of an inexpensive tree can result in a one-year prison sentence. A more expensive tree – $1,000 – $20,000 – can land you up to 5 years in prison. WLNS Legal Edge - Laws & Neighborly Disputes - Trees from Sinas Dramis Law

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Q&A about trees and property rights Ohio Farm Bureau

3 hours ago The law is unclear on whether landowners can remove a tree themselves when it sits on a property line. Under the law, trees are considered a part of the property and landowners have a right to that tree, even if it is only halfway on the property. Because of this, it is best practice to get a neighbor’s permission before removing any tree

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Who Is Responsible For A Tree In California Law

4 hours ago IT PAYS TO KNOW: California Tree Law Rafu Shimpo. 1 hours ago Not so. California “tree law” was changed in the case of Booska v.Patel (1994), when a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line. In this case, a man named Booska owned a 30- to 40-year-old Monterey pine.

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What are the laws surrounding trees on my property

2 hours ago Overhanging branches and tree roots. You are able to cut the branches of a neighbour’s tree back to the boundary point between your properties provided the tree is not under a preservation order. However, under the Theft Act mentioned above, if the tree’s owner requests you return the branches or foliage, you are obliged to do so.

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Tree Law California tozerlaw.com

1 hours ago Tree Law - The Cutting Edge - Tozer Reports. Potential Damages – The Value of a Mature Tree: What if you negligently kill or damage (for example causing disease to) the neighbor’s tree while trimming them? Depending on the circumstances, you might be liable for reasonable costs of replacing destroyed tree with identical or substantially similar tree (that is, a mature tree).

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Alabama Laws on Property Disputes Between Neighbors Nolo

Just Now A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Sometimes even a hedge can act as a boundary. To learn more about boundary fences, including how they are defined and regulated, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and

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Virginia Laws on Property Disputes Between Neighbors Nolo

1 hours ago A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Sometimes even a hedge can act as a boundary. To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see

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Liability and Damages: Trees and Hedges – Hollister & Brace

3 hours ago The Basic Law Governing Tree Cutting. In California there are some fairly clear rules regarding cutting trees and hedges: (1) If the tree trunk is exclusively on one property, the property’s owner can cut the tree down, even if the roots or branches extend to a neighboring landowner’s property (Civ. Code § 833.).

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Washington State Law On Cutting Down Trees Legal Beagle

Just Now Arboriculture law, which refers to law regarding trees, varies from state to state. Arboriculture law covers issues, such as deliberately damaging trees or cutting them down. Other issues are boundary line tree trespass and improper trimming. These laws aim at protecting trees to promote ecofriendly living.

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Blog: Trees on the boundary some basic rules

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2006 Louisiana Laws RS 3:4278.1 — Trees Justia Law

7 hours ago 2006 Louisiana Laws - RS 3:4278.1 — Trees, cutting without consent; penalty §4278.1. Trees, cutting without consent; penalty . A. It shall be unlawful for any person to cut, fell, destroy, remove, or to divert for sale or use, any trees, or to authorize or direct his agent or employee to cut, fell, destroy, remove, or to divert for sale or use, any trees, growing or lying on the land of

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Ohio Laws on Property Disputes Between Neighbors Nolo

7 hours ago A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Sometimes even a hedge can act as a boundary. To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see

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BOUNDARY TREES IN INDIANA: OWNERSHIP AND …

9 hours ago • In the situation where the tree’s trunk straddles the boundary line of adjoining parcels, the law considers the tree to be the joint property of both landowners. In that situation Indiana courts have ruled that neither owner has the right to remove or harm the tree without the other’s consent. Luke v. Scott, 187 N.E. 63 (Ind.Ct.App

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Florida Laws on Cutting Down Trees Hunker

6 hours ago Tree Trimming Laws. Man trimming tree. When it comes to dealing with trees that lie close to property lines, you have the legal right to trim tree branches that hang over your property line, but only up to the property line and not past. You must also stay on your side of the property line and make sure you do not destroy the tree itself.

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Overhanging Tree Branches: What are the Laws? Elite Tree

9 hours ago The law allows tree trimming up to the property line, nothing further. Situation 3. Leaves from the neighbor’s tree consistently clog my gutters and fill my yard. Can I cut those branches to limit the amount of leaves? Only if those branches extend into your property line. Leaves are a natural product, and no one can control where they go.

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Fencerows and Boundary Trees Tree and Neighbor Law For

4 hours ago Citing early English common law holding that (1) a tree which stood on a property line made the adjoining owner s tenants in common of that tree, and (2) if one of the co-owners cut the whole he was liable for damages to the other, the dissenters argued that the Rhodig trees

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Is it illegal to Cut Down Trees on Your Own Property

5 hours ago Is it illegal to cut down a dead tree without a permit? Most of the time (99% of the time) the answer is no. Dead trees especially if they have been dead for an extended period are considered hazardous. You will not need a permit to remove a dead tree. If a dead tree is left in place for an extended period, the stabilizing roots in the ground

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California tree law 15 Minute Free Consultation

1 hours ago Even if the tree is on private property, the city may step in and trim it back if the tree is interfering with city property, such as the obstruction of a sidewalk, crosswalk or blocking the view at an intersection. Also, the city may step in and order the owner to trim or remove the tree if the tree is in violation of a local ordinance, such as:

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Handbook of Florida Fence and Property Law: Trees and

9 hours ago the land resulting from removal of the tree” as well as for the “loss of the ornamental value and creature comforts provided by the tree” (Elowsky v. Gulf Power Company, 172 So. 2d 643, 645 [Fla. 1st DCA 1965]). In Elowsky v. Gulf Power Company, a tree was located on the boundary line between the properties of the plaintiff and the

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Neighbors and Fruit Trees Nolo

6 hours ago (Picking fruit from "public trees"—trees that are growing on public land or in public parks—is usually permitted; some nonprofits maintain maps showing the locations of public fruit trees.) If the trunk of a tree straddles the boundary line between your property and your neighbors', it's a "boundary tree." Each of you owns all of it, jointly.

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IT PAYS TO KNOW: California Tree Law Rafu Shimpo

1 hours ago Not so. California “tree law” was changed in the case of Booska v. Patel (1994), when a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line. In this case, a man named Booska owned a 30- to 40-year-old Monterey pine.

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Tree Law FAQs Trees and the Law in Canada Frequently

5 hours ago A boundary tree grows over the property line or boundary and so it becomes jointly owned. Traditionally this has been measured at the base of the tree where it meets the ground. More recently a few cases have used the location of the tree trunk to determine ownership, but …

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Trees and the Law Tree Council

4 hours ago Trees and the Law. Trees and hedges are one of the most common causes of neighbour disputes. A tree that is one person’s pride and joy can sometimes be a source of worry and frustration to their neighbours. The rights and responsibilities of tree ownership are complex. The owner of land on which a tree is growing is responsible for its safety

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Tree Law is a Gnarly, Twisted Branch of the Legal System

3 hours ago If a your neighbor’s tree branches hung onto your property, for example, you were allowed, under common law, to cut them back to your boundary line. If that tree

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Laws on Cutting Down Trees Hunker

8 hours ago Examples of issues which can be addressed in this law include adverse possession, boundary line encroachments, and improper trimming. There are numerous laws on cutting down trees which can vary by municipality, where the tree is situated on a particular piece of property, and how old and/or healthy the tree

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Logan City Council Tree Removal Laws & Permits (Quick Summary)

9 hours ago Logan City Council tree removal laws. Updated: 12 May 2021. Logan City Council has strict laws on tree removal if the tree in question is in a protected biodiversity zone. These three zones outlined below. If your tree is outside these zones you are safe to remove without a permit. There are also some exemptions that allow the removal of trees

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Who Is Responsible for Cutting Overhanging Tree Branches

4 hours ago Overhanging Branches on Your Property. Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.

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Can I Trim Overhanging Trees from Neighbours NSW

4 hours ago Everything revolving around neighbour’s trees is guided and controlled by the Tree Disputes Between Neighbours Act 2006.. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. This is for trees that do not require a …

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Your Neighbor's Fences and Trees – Are They A Nuisance?

1 hours ago If you have additional questions regarding California law on trees, fences, and boundary lines and would like the assistance of a licensed California real estate attorney, Melissa C. Marsh, please schedule a telephone consultation for as little as $125 by completing Ms. Marsh's Telephone Consultation Request Form and Melissa Marsh will call you

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A Guide To Fencing & Your Boundary Rights

8 hours ago and avoid serious stress if you know what your boundary rights are. So, to help make sure you do, we’ve put together the following advice based on the questions we’re asked the most. This might surprise you, but you don’t have to have fencing – there’s no law that says you do.

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Boundary Line Disputes Encroachments Fences & Trees Oh My!

1 hours ago Over the past decade the number of boundary line disputes involving fences, driveways, gates, retaining walls, sheds, and trees have steadily increased in part because property owners often fail to obtain a survey prior to purchasing a new home or making improvements. Generally, the courts will apply one of the following legal theories to

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Frequently Asked Questions

Is it legal to trim a tree over the property line?

If any limbs extend over the property line, they fall into that neighbor’s jurisdiction. The law allows tree trimming up to the property line, nothing further. Situation 3. Leaves from the neighbor’s tree consistently clog my gutters and fill my yard.

What are the laws on cutting down trees?

Tree Trimming Laws. When it comes to dealing with trees that lie close to property lines, you have the legal right to trim tree branches that hang over your property line, but only up to the property line and not past. You must also stay on your side of the property line and make sure you do not destroy the tree itself.

Can a tree be cut back to the boundary line?

If a your neighbor’s tree branches hung onto your property, for example, you were allowed, under common law, to cut them back to your boundary line.

Can you cut down your neighbors tree in washington?

Trees that start out on your property but grow over the boundary between your property and your neighbor’s property become the joint property of you and your neighbor under Washington state law. You cannot cut down the tree without getting the permission of your neighbor.

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