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. We are in NC if that helps. Right behind my row of single-family houses is a row of townhouses. I do not think the property will get flooded but it's going to be really close, like 6 inches of elevation close. Trees contribute to the value and enjoyment of your property, as well as to the overall ambiance and quality of life in a community. $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. We have talked to the landlord and she is admitting to fault, but both renter and landlord are extremely lackadasical. 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. "We need trees… If you trim the branches or cut the roots and the tree may die as a result, this could be a problem. While the neighbor’s have the right to prune branches hanging over their property line, the branches create a nuisance. 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. All have fenced yards. Find Me Here As Well! No posts better suited for legal advice which aren't crossposted from the legal advice sub. We have talked to all neighbors and the one who did the majority of the damage is a renter. Subscribe : https://tinyurl.com/SubscribeMarkee Submit your stories!! Dignity and an empty sack is worth the sack. Despite this initiative, however, it is still necessary to have some trees … G'day there!! Our property is not damaged yet, but we're expected to get another inch of rain on Thursday. Right behind my row of single-family houses is a row of townhouses. There are better places for that. I learned this word yesterday reading about this case. 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 … I feel they present a fire hazard. “That can be … Are we responsible for removal, or is the HOA? 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. Well, these trees are all grown up now, and two of them (the ones immediately behind my house, naturally) are dead. A: Tree law varies on a state-by-state basis. To remove the tree, both property owners must consent. 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. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. Cookies help us deliver our Services. I adore them. Press J to jump to the feed. The name "Chandelier Tree" comes from its unique limbs that resemble a chandelier. The trials on the tree theft cases were twice as long and much more hotly debated. 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. Copy Link Facebook Twitter Reddit Flipboard Pocket. Call a lawyer if you're the property owner, because they might owe hundreds of thousands of dollars. “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. 1 year ago. You must also check the law in your state, county or city to determine if different rules may apply to you. “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. 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. 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! 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. I subscribe to this subreddit just for the tree law. When you purchase a home, you are usually required to get a property survey. The tree serves as the law school's logo. It’s going to take a chainsaw and a truck to remove it all, neither of which we have. Other issues are boundary line tree trespass and improper trimming. They were selecting juries for four cases--two PIs and two theft by logging. I live in an HOA neighborhood. It is 276-foot (84 m) high and 16-foot (4.9 m) ft. in diameter. 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 oak is the responsibility of the present homeowner. This was posted in r/lawncare - someone there referred me here. 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 the trunk of the tree is on your neighbor’s property, you can’t do anything that could harm the health of the tree. r/Treelaw Neighbor Cuts Down Tree, Pays $750,000! 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. An arrest was made Monday in the case. The tree containing area is about 20 feet deep and serves two purposes: Protecting from flooding, and protecting sight lines. I subscribe to this subreddit just for the tree law. - YouTube 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. Chandelier Tree: Coast redwood (Sequoia sempervirens) Leggett, California ~2,000 A coast redwood with a passage for cars cut through. ---- https://www.instagram.com/advocate_azothan Talk To Me At! No lie, 2 days of tears here. 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 … A subreddit for discussions about topics related to /r/legaladvice that aren't appropriate for that forum. Also: in the last snowstorm, one of the healthy HOA pine trees lost a huge branch and it fell in our yard. Get in touch with one near you today and receive a free initial legal evaluation of your dispute. 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 … I live in an HOA neighborhood. The following are general rules regarding overhanging tree branches. 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. All have fenced yards. But in some minor fields, it matters. The Door Tree in the Mount Carmel section of Hamden, formed by a single white oak tree, was destroyed recently. ... Tree Law is a Gnarly, Twisted Branch of the Legal System. Looks like you're using new Reddit on an old browser. I got some sympathy for my saddnes over the impending loss of 2 90 year old trees. 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. The lack of privacy is bad enough (the HOA does not allow privacy fences), however the backyard has turned into a 4 foot deep by 40 feet by 40 feet pond, I do mean pond and not puddle, and it's encompassed nearly all of our backyard. There is one caveat, however. I'm curious as to what you all think. Press question mark to learn the rest of the keyboard shortcuts. The California Code for a Landowner's Right to Trim Trees. The neighbors would have a right to sue, especially if any damages arise from the branches or entire tree falling. 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 HOA has standing rules that it must give permission to cut down trees, and I believe the bylaw is to replant whatever was cut. The trees were on my property and they were white oaks. Pennsylvania law required the emancipation of all adult slaves who were brought into the commonwealth for more than six months. I was called for jury duty in Vermont probably 15 years ago. Did someone cut some trees down on property they didn't have permission to do that on? 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 … I also had my property appraised, for the difference before and after losing my trees. Arboriculture law, which refers to law regarding trees, varies from state to state. (We were wondering if there is a stormwater drain that could be accessed, and what they think our options are). If grandma's tree was veneer quality, it could be worth $5,000! Arboriculture law covers issues, such as deliberately damaging trees or cutting them down. Press question mark to learn the rest of the keyboard shortcuts. Trover: common-law action to recover the value of personal property that has been wrongfully disposed of by another person. 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. By using our Services or clicking I agree, you agree to our use of cookies. 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. 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. How to Tell if a Tree Is on Your Property . It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. Kinda/sorta. New comments cannot be posted and votes cannot be cast, More posts from the legaladviceofftopic community, Continue browsing in r/legaladviceofftopic. Prior to the tree removal, the existing tree buffer could handle the stormwater, but now it can not. California tree law between neighbors requires a landowner be responsible for maintaining a tree's foliage in a hazard-free condition. 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. Oh right I forgot there was the off topic board, derp. 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. Our next steps are to bring in the city - from ancedotal evidence they will do nothing because this is all private land. Thank you, tree lawyers of Reddit! Is the HOA responsible for removing/replacing them? Again, these laws can differ in each state, so be sure to look up the exact law in your area. If you're going Big Law, they're useless. We will not likely flood the house. I appreciate you! These laws aim at protecting trees to promote ecofriendly living. That's where an experienced real estate attorney can help. r/Prorevenge teams up with r/Legaladvice today to teach a very simple lesson: Old Trees + Stupid Neighbors = $$$$$! 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. You should click on this box for some delicious goodies! In this case, the law is clear. 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. 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. Hard not to. 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