You should click on this box for some delicious goodies! When you purchase a home, you are usually required to get a property survey. If a tree causes damage to a neighboring property, the person who owns the tree may be liable if the party who suffered the damage can prove negligence on behalf of the property owner. “Tree law is anything that you can imagine that might give rise to disputes between people concerning trees,” says Barri Bonapart, a California tree lawyer. The following are general rules regarding overhanging tree branches. Prior to the tree removal, the existing tree buffer could handle the stormwater, but now it can not. ... Tree Law is a Gnarly, Twisted Branch of the Legal System. Cookies help us deliver our Services. The tree containing area is about 20 feet deep and serves two purposes: Protecting from flooding, and protecting sight lines. Did someone cut some trees down on property they didn't have permission to do that on? Well, these trees are all grown up now, and two of them (the ones immediately behind my house, naturally) are dead. I also had my property appraised, for the difference before and after losing my trees. Right behind my row of single-family houses is a row of townhouses. Looks like you're using new Reddit on an old browser. To remove the tree, both property owners must consent. Press J to jump to the feed. - YouTube We have talked to the landlord and she is admitting to fault, but both renter and landlord are extremely lackadasical. These laws aim at protecting trees to promote ecofriendly living. r/Treelaw Neighbor Cuts Down Tree, Pays $750,000! The California Code for a Landowner's Right to Trim Trees. Our property is not damaged yet, but we're expected to get another inch of rain on Thursday. In this case, the law is clear. Also: in the last snowstorm, one of the healthy HOA pine trees lost a huge branch and it fell in our yard. The arborist gave me an estimate on having 15 mature white oaks brought and replanted on my property, which was just shy of $650,000, though he did say some trees would die and that would drive the cost up. The oak is the responsibility of the present homeowner. New comments cannot be posted and votes cannot be cast, More posts from the legaladviceofftopic community, Continue browsing in r/legaladviceofftopic. Hard not to. It is 276-foot (84 m) high and 16-foot (4.9 m) ft. in diameter. The trees were on my property and they were white oaks. Under Texas law, even if your neighbor has the right to allow his tree limbs to hang over your property, you have the right to trim the leaves, and even cut the branches, if they pose a danger to your property or block your sunlight.Be careful here, though. I adore them. Throughout the coasts of the Caribbean, Central America, the northern edges of South America, and even in south Florida, there can be found a pleasant-looking beachy sort of tree, often laden with small greenish-yellow fruits that look not unlike apples. I subscribe to this subreddit just for the tree law. I was called for jury duty in Vermont probably 15 years ago. Trees add structure and drama to a garden but their size and potential to cause nuisance or damage means they can sometimes be a worry. Thank you, tree lawyers of Reddit! Are we responsible for removal, or is the HOA? I do not think the property will get flooded but it's going to be really close, like 6 inches of elevation close. All have fenced yards. How to Tell if a Tree Is on Your Property . That's where an experienced real estate attorney can help. (We were wondering if there is a stormwater drain that could be accessed, and what they think our options are). An arrest was made Monday in the case. $5000?In the world of tree law that is a tree that is hardly worth even using to make toilet paper to wipe your ass. A judge ordered a Northern California couple this week to pay nearly $600,000 for uprooting an almost 200-year-old oak tree from their property that … Find Me Here As Well! It’s going to take a chainsaw and a truck to remove it all, neither of which we have. We are in NC if that helps. Call a lawyer if you're the property owner, because they might owe hundreds of thousands of dollars. These state and municipal codes and regulations can clarify a multitude of situations, such as: (1) what kind and how many trees a landowner can plant on their property; (2) whether, when, and how an owner can remove trees from their property; (3) when a tree is owned by a landowner or the government; and (4) who is responsible when the branches, leaves, fruits, nuts, or seeds of a tree cause damage on one … Trover: common-law action to recover the value of personal property that has been wrongfully disposed of by another person. There is an approximately one-meter-wide strip of dead space between my back fence and the back fence belonging to the townhouses behind us, in which the original builders of the subdivision (built in 2004) planted a row of evergreen pine trees as a privacy buffer. Other issues are boundary line tree trespass and improper trimming. I think the issue is because of COVID everyone is bored, and the obvious thing to do when you are bored is to cut down 40 foot trees. I subscribe to this subreddit just for the tree law. It needs to go through our land because our land is the lowest point of the whole subdivision and all rainwater is being diverted onto our land. A: Tree law varies on a state-by-state basis. 1 year ago. They are my wife's favorite and typically the most interesting type she tells me about I must admit, This was right above a post from r/marijuanaenthusiasts on my front page. There is an approximately one-meter-wide strip of dead space between my back fence and the back fence belonging to the townhouses behind us, in which the original builders of the subdivision (built in 2004) planted a row of evergreen pine trees as a privacy buffer. They were selecting juries for four cases--two PIs and two theft by logging. There is one caveat, however. For example, Vermont law is 120-something, but they put a big emphasis on being #1 in environmental law, and if you happen to be a part of that tree-hugging circles of doomed-to-be … There are better places for that. According to Trees Atlanta, the metro area has the nation's highest "urban tree canopy," defined as the layer of leaves, branches and stems of trees that cover the … Is the HOA responsible for removing/replacing them? I should note that our HOA is pretty inactive — it’s managed by an off-site company located in another town, and they arrange for trash pickup and snow removal, collect our dues, maintain the community park area, and not much else. Trees contribute to the value and enjoyment of your property, as well as to the overall ambiance and quality of life in a community. We are bringing in 2 landscaping companies that claim to have experience in this - what needs to happen is that we need to install drainage systems throughout our property, which is about 100 feet in length, to the storm drain in the street. In a city of over 8 million people where there seems hardly enough room for the people, let alone the trees, Mayor Michael Bloomberg recently announced a plan to plant a million new trees in the city. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. I live in an HOA neighborhood. Again, these laws can differ in each state, so be sure to look up the exact law in your area. I got some sympathy for my saddnes over the impending loss of 2 90 year old trees. My merch: http://bit.ly/rSlashMerch r/Treelaw If you've never heard of Tree Law, then you're in for a real treat today! If you're in a dispute regarding a property line, fence, or tree, understanding how the law applies to you is a great first step to reaching a solution. These lawyers specialize in … California tree law between neighbors requires a landowner be responsible for maintaining a tree's foliage in a hazard-free condition. Pennsylvania law required the emancipation of all adult slaves who were brought into the commonwealth for more than six months. In general, the common law adopted in all states is that you have the absolute right to trim any overhanging branches and cut any roots that are growing on your property. If you're going Big Law, they're useless. By using our Services or clicking I agree, you agree to our use of cookies. If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners. The neighbors would have a right to sue, especially if any damages arise from the branches or entire tree falling. If grandma's tree was veneer quality, it could be worth $5,000! Dignity and an empty sack is worth the sack. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. The HOA has standing rules that it must give permission to cut down trees, and I believe the bylaw is to replant whatever was cut. I feel they present a fire hazard. Despite this initiative, however, it is still necessary to have some trees … No posts better suited for legal advice which aren't crossposted from the legal advice sub. We will not likely flood the house. I'm curious as to what you all think. I learned this word yesterday reading about this case. Oh right I forgot there was the off topic board, derp. G'day there!! If you trim the branches or cut the roots and the tree may die as a result, this could be a problem. Our next steps are to bring in the city - from ancedotal evidence they will do nothing because this is all private land. You must also check the law in your state, county or city to determine if different rules may apply to you. Arboriculture law, which refers to law regarding trees, varies from state to state. While the neighbor’s have the right to prune branches hanging over their property line, the branches create a nuisance. Within a week, 3 neighbors that are in our backyard cut down 10 mature trees and removed a ton of existing shurbs / small trees etc. “That can be … This was posted in r/lawncare - someone there referred me here. The site may not work properly if you don't, If you do not update your browser, we suggest you visit, Press J to jump to the feed. The Door Tree in the Mount Carmel section of Hamden, formed by a single white oak tree, was destroyed recently. The tree serves as the law school's logo. "We need trees… But in some minor fields, it matters. I live in an HOA neighborhood. Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both responsible for the tree. If the trunk of the tree is on your neighbor’s property, you can’t do anything that could harm the health of the tree. Subscribe : https://tinyurl.com/SubscribeMarkee Submit your stories!! Violations of the covenants aren’t policed or fined as far as I can tell, and when I called them and left a message with a question about getting approval to build a porch, they took three months to get back to me. The trials on the tree theft cases were twice as long and much more hotly debated. We have talked to all neighbors and the one who did the majority of the damage is a renter. Arboriculture law covers issues, such as deliberately damaging trees or cutting them down. A subreddit for discussions about topics related to /r/legaladvice that aren't appropriate for that forum. All have fenced yards. Get in touch with one near you today and receive a free initial legal evaluation of your dispute. Press question mark to learn the rest of the keyboard shortcuts. I appreciate you! Chandelier Tree: Coast redwood (Sequoia sempervirens) Leggett, California ~2,000 A coast redwood with a passage for cars cut through. No lie, 2 days of tears here. Press question mark to learn the rest of the keyboard shortcuts. The situation is that we are in a subdivision with a HOA, and we have no HOA owned common land, so all of our properties abute each eother. Copy Link Facebook Twitter Reddit Flipboard Pocket. On May 21, 1796, as George and Martha Washington ate their supper in the Philadelphia Executive Mansion, their twenty-two year old house slave, Ona Judge, walked out of the house and into freedom. This subreddit is for tree law enthusiasts who enjoy browsing a list of tree law stories from other locations (subreddits, news articles, etc), and is not the best place to receive answers to questions about what the law is. r/Prorevenge teams up with r/Legaladvice today to teach a very simple lesson: Old Trees + Stupid Neighbors = $$$$$! ---- https://www.instagram.com/advocate_azothan Talk To Me At! The name "Chandelier Tree" comes from its unique limbs that resemble a chandelier. “I found a surprising amount of pride and identity in something as simple as stapling sliced bread to a worthy tree,” a Reddit user tells Fox News. Right behind my row of single-family houses is a row of townhouses. Another big change under the new law is owners don't have to replant a tree after one was removed, but Shaaf thinks property owners should consider replacing trees anyway. 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