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Dead Trees on Property Lines
Dead Trees on Property Lines. Dead trees are eyesores and can cause numerous other problems unless they are removed. When a tree belongs to one homeowner, the responsibility for removal and disposal is clear. However, when the tree rests on a property line, disputes over responsibility can arise. Fortunately, there are several ways to deal with...
Dead trees are eyesores and can cause numerous other problems unless they are removed. When a tree belongs to one homeowner, the responsibility for removal and disposal is clear. However, when the tree rests on a property line, disputes over responsibility can arise. Fortunately, there are several ways to deal with tree removal and disposal with or without cooperation from neighbors.
City Tree Removal
Many city governments offer tree removal, tree trimming and the like. If the tree rests on a property line shared by a private homeowner and the city itself, the city is partially responsible for the dead tree's removal. In this case, the homeowner will pay the city half of the disposal fee and the city will absorb the cost of the second half. The tree removal must be completed by a professional the city selects and must be approved by the city using either a tree-removal form or a meeting between the homeowner and a city representative in which a written agreement is reached.
Private Tree Removal
If the tree stands on a property line between two private neighbors, the neighbors must agree on who is responsible financially for the tree removal. If the parties are unable to agree, one homeowner can opt to pay the removal cost and bill the second homeowner, or take the matter to small claims court. If the parties can come to an agreement, they can hire a private landscaping company to remove the tree, or they can arrange for the city’s tree-removal service to take care of it.
Property Damage
If a dead tree on a property line falls and damages a neighbor’s home or personal property, there is no liability against either homeowner. Each homeowner is expected to carry adequate insurance coverage to offset such damage. Since the tree clearly belongs to both homeowners, the burden of removal in the eyes of insurance companies is the same. If homeowners do not have adequate coverage, they are responsible for the damage.
