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rules for planting trees on property line

Street trees (those planted near roads as well as in any urban or suburban area) need to be pollution-tolerant. Before planting or even choosing a tree, first visit your city’s website and make sure you understand the rules and how they apply. What can you do about those overhanging branches, or other problems related to the tree such as roots damaging sewer lines or leaves that clog gutters? Under California Civil Code Section 834, both neighbors legally own the … “It is predictably difficult to justify paying attorney’s fees over a tree — on either side. If the base of a tree sits on the boundary line between two properties it is jointly owned by both of them (they are classed as tenants in common). If the trunk of a tree is in your yard, but hurricane pushes a big branch through the neighbor’s window through no fault of yours, it is not your responsibility. The exception: Say the branch has been dead for years. Keep in mind that you're responsible for your own trees and any damage they may cause. LawnStarter is a startup making lawn care easy affordable and reliable. Expenses to treat a damaged tree, or to remove a dangerous or dead tree. IMO, it's always best to have a chat with the neighbor before planting anything near the property line. Planting a tree will increase the value of your home. Planting the right trees and shrubs in the right place is not just an aesthetic strategy. When the Rhodigs purchased their property, there were two trees standing near the lot line. It promotes safety and prevents damage to the plants, nearby buildings and utilities, and relations with the people who live next door. In most locations (and we stress that the laws may vary in your area), property owners are responsible for boundary tree damages on their own property, if the damage from the fallen tree occurs from an act of God, or during a hurricane or other extreme weather conditions. MGL c.87, § 3 Cutting of public shade trees. “Trees on property lines are a common complaint between neighbors, but not so much at the courthouse,” says Cleve Clinton, partner at Gray Reed, Attorneys and Counselors, based in Dallas and Houston. That includes knowing what are the municipal rules and by-laws for planting trees on your property.What's more: Yellow PagesTM, Walking Fingers & DesignTM, YP.caTM, YellowPages.caTM, Canada411TM, are trademarks of Yellow Pages Digital & Media Solutions Limited in Canada. All other trademarks are the property of their respective owners. There are some things to consider if you have a problem with a tree on a shared property line: The laws vary among states, counties and cities, so it is important to consult with your local departments about your rights and obligations of boundary trees. But you are also responsible for any costs incurred to do so. Trees, such as the Colorado blue spruce, are perfect for blocking the wind. If the roots or branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. If you like your tree and you intend to prune it on your own property, Clinton says that it’s best to ask permission to allow your tree-trimmer into the neighbor’s yard. A tree or shrub belongs to the ownerof the land on which it grows even if its branches or roots go over or under adjoining land. If it’s a dangerous tree, you have the right to trim branches and cut and remove tree roots that are intruding into pipes or foundations within your real estate. Who owns the tree. Buying and planting a tree is a long-term investment. But it is perfectly legal for the neighbor on whose property the plant is encroaching to trim as they see fit (on their side of the property only) as long as the trimming or pruning does not harm the plant in question. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. All Rights Reserved. Certain species of trees are prohibited due to risk of disease or to conserve the ecological diversity of an area. While a fence ideally goes on the property line (allowing both neighbours to share ownership and the cost and maintenance), a hedge is different (as are trees). Planted trees must not cause damage to neighboring properties, presently or in the future. Likewise, you must take care to keep the health of the tree in mind as a result of tree trimming. Examples of tree-related rules that may apply in your area: A tree should be planted on properties of all newly-built homes. In 1962 Keck, wishing to fence his property to the south of Rhodigs, had a survey made of the lot line. The landowner may do so without giving notice, unless … In law, this is called "abatement". 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