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Category Archives: Tree Pruning Rights

5 Tree Laws You Should Know

Posted on June 14, 2016 - 12:00 pm by

Maier Tree and Lawn - 5 Tree Laws You Should Know About Tree Care

Believe it or not, there are several legal tree facts that are really useful to know. Hopefully it you are aware of these tree laws it’s not from first hand experience! Disclaimer: We are not attorneys so please don’t take these as legal advice, however we do know a few and they’d back us up.

Law #1 ::

Any part of your tree that goes over your neighbor’s fence is technically theirs. Property lines extend from the ground up into the sky. Your neighbor would technically have the right to prune any portion of your tree that passes over that imaginary line, so long as it does not damage your tree. You do not have the obligation to prune it for them.

Law #2 ::

Your tree has value and if damaged or destroyed by someone else, you have the right to collect damages from the person who caused the damage (or their insurance company).  The industry has standard ways to appraise the value of a tree based on their size, species, location on your property, and their condition. An average medium to large tree in your front yard likely adds thousands of dollars of value to your property.

Law #3 ::

Municipalities often have the right to condemn a tree that is diseased or dangerous on your property, and you would have to pay for that to be removed. Dutch Elm Disease and Oak Wilt are two such diseases that cities in the state of Minnesota have the right to condemn for the sake of managing those diseases. Trees that are unsafe can also be required to be removed for public safety. If you do not remove the tree, the City will have the tree removed and send you the bill.

Law #4 ::

You do not have the right to have a view. Trees that are on someone else’s property are not yours to prune or remove for any reason (unless it extends that imaginary property line in Law #1), including getting back a view that you once had. You may laugh, but we have seen this happen more than once and it rarely ends up well.

Law #5 ::

A city owns all trees in the right of way along roads. Most roadways extend beyond the curb and past the sidewalk by a few inches to a foot. Any tree in this area is not yours to prune or remove as you wish. Some cities will pretend that a tree in the “boulevard” strip is your responsibility and liability, but the reality is that they own the tree and responsibility to care for it or remove it. Check your local ordinances for specifics on this in your community.

These tree laws are in place because, we truly do care about the trees! We think this is pretty cool! The folks at Maier Tree & Lawn love trees and can help you with any tree issue you may come across. Call us today to set up your consultation!

Do you Know your Tree Pruning Rights in Rochester, MN?

Posted on April 1, 2016 - 4:20 pm by

Tree ownership takes a lot of time and effort, and when something goes wrong, it’s difficult to not feel personally wronged. For instance, say your neighbors have taken to practicing some impromptu tree pruning in your Rochester, MN yard because their sun is being blocked and it’s nearly beach season. You’ve suddenly been left with tree branches scattered all over your yard. Were their actions illegal, or just disrespectful? In cases like this, start by calling a professional arborist such as the arborists at Maier Tree and Lawn. Let them do some damage control, and then consider how you want to proceed. Do you know what your tree pruning rights are?

Tree rights include a lot of blurry lines and “what ifs“ for the modern day homeowner. For example, picking fruit from a neighbor’s tree that hangs over your property isn’t necessarily okay because it’s not your tree (and thus, not your fruit). Likewise, a neighbor coming over to your property to pick fruit off that same tree is not okay either since that falls into trespassing laws. Ownership can be complex, and this means that even the simple act of tree pruning can have an impact that most people may not even be aware of. Property lines can dictate who technically owns a tree, but the jurisdiction of a tree’s branches may not be so clear cut.

The basic rule for tree pruning sounds very elementary, but it pretty much boils down to either get permission or stay on your side. You are allowed to trim branches that cross onto your property, but only in a reasonable manner. Excessive damage to a tree could land you in big trouble, and could have you covering significant damages done to your neighbor’s property. When it comes to tree pruning on property lines, it’s wise to consult a professional tree care company. Not only will they know the rules, they’ll also know all the steps to take to make sure both sides end up happy.

In heavily treed areas like Rochester, MN, there’s bound to be some boundary issues among locals, but if you proceed with caution and call for a consult, you shouldn’t have anything to worry about. For more details on local tree rights, check out the city ordinances in your area. Or, if you’re looking for tree pruning assistance in a questionable tree situation, contact Maier Tree and Lawn at 507-286-8733, or visit our website here today.