Neighbor Easement Problems With Trees
Description
How to fill out Driveway Easement And Shared Parking Agreement?
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FAQ
In most cases, the municipality or state retains authority and responsibility for the trees. Sometimes, the municipality legally transfers responsibility of street trees to the adjacent landowner.
So, if a tree sits on a property line, it's considered common property and you are both owners. For this reason, you cannot legally plant a tree on the property line without permission from your neighbor. It's best to plant trees 3 ? 4 feet from all property lines to leave room for future growth.
Tree Trimming Rules A New Jersey resident can trim a neighbor's encroaching tree branches, but only up to the property line. A property owner trimming a neighbor's encroaching tree branches can't cause injury to the tree. Branches, roots, or limbs that cross over a boundary line can be considered a nuisance.
A common question asked of our lawyers in Charleston is whether a person has the right to cut a neighbor's tree branches that hang over their property line. Although this question seems simple, the answer isn't because South Carolina has no law that authorizes you to cut your neighbor's overhanging tree limbs.
Section 537.340 of Missouri Revised Statutes holds that if any person shall cut down, injure, or destroy or carry away any tree placed or growing for use, shade, or ornament, or any timber, rails, or wood standing, being or growing on the land of any other person, the person so offending shall pay to the party injured ...