Spring is here in the Salt Lake area and the leaves are starting to fill the trees. Perhaps this may be a good time to check out the trees around your home and property line.
Homeowners are generally responsible for the maintenance of their trees. This includes keeping branches trimmed up and making sure the tree is safe. If you’re unsure if a tree is safe or not, you may want to enlist the aid of a local landscaper. Ignorance is not bliss in this instance and the homeowner need to know if there is a condition with their tree a “reasonable person” would notice. If your tree is dangerous, you may be held liable.
What if your neighbor has a tree that looks like a danger to your property or to others? You will need to notify your neighbor of your concerns and ask he/she make sure the tree is inspected and dealt with accordingly. If your neighbor does nothing and the tree does become a danger, they may be held liable.
According to FindLaw, “If you have spoken to your neighbor about the tree issue, and he has not done anything about it you do have laws that protect you. The tree may constitute a nuisance, by interfering with your use and enjoyment of your own property. You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed.” - See more at: http://realestate.findlaw.com/neighbors/conflicts-involving-trees-and-neighbors.
Most cities have ordnances about trees and tree safety and utility companies keep trees trimmed up around utility lines.
Things you may do:
- If the tree branches hang over your yard, you may trim branches and limbs that extend over your property line. Do not go into your neighbor’s yard to cut or trim. It is also a VERY good idea to ask your neighbor before you take out the saws.
- You may not take the fruit off the tree that over hangs your yard.
- Leaves from the neighbor’s trees may blow into your yard and you are responsible in racking them up.
- If a storm knocks down a tree or limb on your property – call your insurance company first.
- Before you do anything – find out first what to do and then ASK. You and your neighbor live next to each other and no tree is worth starting a feud over.
Trees add so much to our Salt Lake properties and enjoyment. However, it is up to us to make sure they are enjoyable and not a danger.
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