Trees can increase property value. They are attractive and add to the curb appeal of a residence. They provide shade during the summer, which can help control cooling costs. Their flowers, nuts or fruit can be beautiful or nutritious.
Unfortunately, they can also be a source of risk. Trees can come down during major storms or drop branches when winds are strong. They can injure people or damage property in those scenarios. Trees can also create shade that could impact what other people grow at an adjacent property. Their roots can damage fencing or pavement. The leaves and other detritus they drop could cause conflict.
Trees growing on private property typically belong to the property owners. Those owners also have responsibility for the maintenance of those trees. Occasionally, trees at or close to boundary lines between properties can become sources of conflict between neighbors.
Trees can cause damage
One of the most common reasons for neighbors to end up in a dispute related to trees is that a tree falls or drops a branch, damaging a neighbor’s property. There may be disagreements about how to cover the cost when a tree totals a car or takes down a fence.
One neighbor may ask the other to take action when roots start damaging property on their side of the boundary line. If the person who technically owns the tree isn’t proactive about responding to those concerns, the other neighbor may eventually choose to take legal action in pursuit of damages because of the tree’s impact on their property.
Trees can be a nuisance
Maybe an older adult finds it difficult to constantly collect the nuts or leaves dropped by a tree on their property. Maybe they don’t want the shade from the tree to affect the growth of their perennial garden. They might ask the neighbor to trim the tree to keep it from crossing the boundary line.
If the owner of the tree does not take proper action, then the neighbor might take matters into their own hands. Typically, people do have the right to trim the limbs and roots that cross the boundary line onto their property. However, doing so could lead to conflict, especially if they do not discuss the matter before taking action.
People dealing with boundary disputes and real estate damage because of a tree may need help dealing with a neighbor or navigating the insurance system. Recognizing that real estate laws govern disputes about boundary trees may help people explore their options and resolve the issue as amicably as possible.