As a part of real estate, many among us are also owners of trees. With this ownership come some sets of rules associated with those particular trees. Owning trees doesn’t mean you will never have to do anything further about it – there are several obligations and duties tied to this ownership. Following are some points that will assist you in understanding the tree owning legal rights and obligations.
Whose Tree is it Exactly?
In order to determine if a tree comes under your ownership, you will have to ascertain few things such as if it was you who planted the tree, or a previous owner of the estate did? Another important thing to consider will be if the trunk of the tree is positioned entirely within your property or not. The trees that grow on their own also naturally come under the ownership of the person who owns the land they are growing on. If the tree lies on the boundary of two estates, then the owners will be joint owners of that particular tree. Because of this, neither of the owners has the right to remove the tree without complete consent of the other owners.
If you tree’s bark is well within your property’s boundary, but its branches are growing long and are entering the neighbor’s property, they have the right to trim the tree till the property line. However, while trimming your tree, the neighbor is in no way allowed to harm your tree. If any damage has been created to your tree during this act, actions can be taken against your neighbor, for it will be in clear violation of tree rights, and your ownership rights.
The Rights of the Owner & Utility Company
Our legal rights connected with trees restrict breach claims and offend about tree pruning, clipping or removing trees that stretch ahead property or land perimeters, particularly lean upon easements for utility lines and streets. No one can remove, cut or trim your trees and do any sort of damage within the boundaries of your property as stated in the trespass law.
Sometimes your tree can cause nuisance due to its harm to utility lines and adjoining properties. In this instance, you are obliged to cut and trim down your tree so that the loss can be prevented.
Many instances make it evident that a landowner’s responsibility in trees is subservient to a public utility company’s equity to eliminate and cut trees or shrubs that impede with the essential practical process of the utility. The right of the citizens to obtain the advantages general public utility supply supersedes the legal rights of property owners to possess trees situated on their land unharmed.
The Responsibility of the Tree Owner
The person on whose estate the tree is growing will naturally be responsible for the care of that particular tree and will be held responsible for any negligence.
A landowner with helpful or real awareness of a faulty state of a tree is accountable for the harms, damage or life loss brought on by that tree or not taken any step to solve that particular problem.
Tree proprietors in city areas have an obligation to analyze every single tree on the property to find out danger trees or shrubs and get them eliminated. In rural locations, there is certainly no duty to examine natural trees, but once you discover or should have revealed dangerous trees are present, obligation has kept for natural trees in these types of places.
Subsequently, it is the duty of the landowner to hold frequent thorough check of trees and take care of any difficulty that might appear.
There is one particular thing known as the “Acts of God” in which case the owner will not be held responsible for the tree’s decline. Acts of God are the hazardous conditions caused by nature that may lead to the death of the tree. Suppose in a cyclone or storm, if the tree falls of and damages neighboring property or utility lines, the owner is not held responsible. In this case, the community management will settle down any kind of damage that has been caused.