How Do I Determine Whose Property a Tree is On?
Full Question:
I read the statement below on your website. I need to know if it applies specifically to my city and state Murray, Utah). Our neighbor, without warning or consultation, cut a substantial number of limbs off our 20 year old cherry tree, and in the process, went 2 feet over the property line on our side. He also topped an aspen tree that was growing at a slight angle toward his fence, killing the tree, again going over the property line. What are the location specific legal guidelines in cutting a neighbor's tree? 'A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree owner the chance to correct the problem. If the tree owner does nothing, the tree can still be trimmed. As a general rule, a property owner who trims an encroaching tree belonging to a neighbor can trim only up to the boundary line and must obtain permission to enter the tree owner's property, unless the limbs threaten to cause imminent and grave harm. Additionally, the property owner cannot cut the entire tree down and cannot destroy the structural integrity or the cosmetic symmetry and appeal of a tree by improper trimming.
05/12/2011 |
Category: Trees |
State: Utah |
#24819
Answer:
A survey in accord with the city plat maps will control ownership of the tree over the placement of a fence or other boundaries. We suggest you contact the local recorder's office to obtain a legal description of your property boundaries. In some case, a surveyor may be hired to place boundary markers. The information you cited generally applies in all states as a matter of case law that has developed over the years. You may want to call the local building department to inquire about any applicable tree ordinances passed in your area.
