Northern Michigan is home to many different types of indigenous trees. While beautiful, trees can occasionally cause damage to property, or threaten the existence of property. They can also cause many disputes between neighbors, some of which can only be resolved through lawsuits. If you have a specific legal question about a neighboring tree, it may be a good idea to consult with an attorney. As a Traverse City tree service, here are some of the common questions we are asked and our answers.
Q: Who owns a tree?
The owner of the tree is the owner of the property on which it is growing. Therefore, if you own a piece of land and there are trees growing on that land, you own those trees as well.
Q: Who is responsible for the maintenance of a tree?
Simply put, the owner is responsible for the maintenance of a tree. This includes tree trimming, tree removal, and other care. Should the tree cause damage to property or structures in its vicinity, the owner of the tree is responsible for those damages. However if your own a tree close to the property line and need to access your neighbors property in order to maintain or remove it you will have to gain permission from the property owner before a Traverse City tree service will be able to complete work on that tree.
Q: What about trees located on a property line?
This is a tricky situation. Often times, the property deed can help determine whose side of the property line the tree was originally planted on. If this is possible, the deed is referred to in order to determine the owner. However, if neighbors cannot come to an agreement about the ownership of a tree, a court can step in to make the decision.
Q: Can I trim branches that hang over my property?
If the branches of your neighbor’s tree are overhanging your property, home, or other structure, you have the right to trim said branches insofar as you do not encroach on your neighbor’s property line. You should also consider hiring a professional Traverse City tree service in order to handle the trimming of the tree because not only is safety an issue but the tree trimming must be performed in such a way that it does not threaten the health or condition of the tree.
Q: My neighbor trimmed or otherwise damaged a tree that is on my property. Can I be compensated?
Possibly, though your neighbor has the right to trim any portion of the tree that encroaches on his property, he must do so in a way that preserves the health and structure of the tree. If you can prove that your neighbor caused damage to your tree, you may be entitled to compensation. Consult with an attorney to determine whether or not you have a case.
If you have any additional tree care or removal questions or would like a quote for tree services in Northern Michigan contact Read Tree Service, the premiere Traverse City tree service today.