Dealing with neighbors can be a bit of a hassle, but what do you do if your neighbor's tree is hanging above your yard? Whose responsibility is it then?
Fortunately, an expert recently revealed what you should do. Speaking with People, Derek Carwood, the Manager of Adult Education at the University of Minnesota's Landscape Arboretum, says that it is important to keep a cool head. One should consider both the legal and ethical implications of dealing with a tree.
Things vary from state to state and even city to city.
"When it comes to the legality of tree and shrub maintenance, it really depends on your city's rules and regulations on the topic, so first things first: contact a city official to get their opinion on your individual case," Carwood said. "In my experience, these sorts of situations can escalate tensions between neighbors very quickly, and it's best to know what your city says on the matter before you approach your neighbor."
Likewise, it may be different if you own the home versus just renting the place.
The owner of the property can charge for damages to vegetation, along with all other property, so be sure to get permissions from all those who might need to know what your plans are," he explains. "In most cases, but certainly not all, the homeowner with the tree in question growing in their yard is liable for damages that might occur, should the tree fall into or onto another's property, causing damage."
Dealing With A Tree
It's also important to consider when to involve an insurance company such as if a storm knocked down the tree. If the tree is on the property line then it becomes a boundary tree and may be considered to be owned by both landowners.
Other cases, though, such as ones involving storms — "which are considered an 'act of God,' according to insurance companies" — oftentimes come down to homeowners' insurance.
Research before cutting or trimming the tree no matter what.
"It is technically legal to trim off branches that cross the property line in most municipalities, but there are, of course, many exceptions," he said. "For instance, some trees may be listed as 'heritage trees,' or otherwise protected by the city. Even trimming leaves, branches or fruit from protected trees can carry substantial fines."
Of course, the easiest thing may be just approaching your neighbor and coming up with a solution.
"Start the conversation with your neighbor, the city and all others who might be involved before you do anything," Carwood states. "I'd recommend bringing up the subject in a neutral tone and speaking delicately. Nobody likes to have someone show up on their front door and demand action on their own property. ... So keep an open mind if you do not hear the answer you were looking for, and avoid getting the municipality, authorities or insurance involved right away, unless it is a matter of health and safety."
