Cutting Trees on Property Lines: Connecticut Law
What can you legally do to remove a tree on the property line of you and your neighbor’s yard? And what about pruning a tree rooted in your neighbor’s yard but hanging over your property? When trees and their limbs cross over property lines, it can be challenging to navigate the law – that’s why we are here to help.
Cutting Branches Off a Neighbor’s Tree
Under Connecticut case law, if a tree is growing on your neighbor’s property, but its branches or roots encroach onto your property, you can legally cut the branches or roots up to the line of their land. But in doing so, you cannot completely disregard the tree's health. In fact, no more than 25% of the foliage of a tree should be removed within an annual growing season, as this could potentially cause irreversible damage.
Removing a Tree on Property Line
If a tree is in the middle of you and your neighbor’s property line, the tree is co-owned. This means that decisions regarding the pruning or removal of the tree must be made in collaboration with your neighbor – otherwise, you’re putting yourself at risk of a lawsuit.
What Happens if a Neighbor’s Tree Falls on Your Property?
Suppose your neighbor’s tree falls on your property during a storm, causing damage to your yard and house. In most cases, this is considered an “Act of God,” and you are legally responsible for the cleanup and filing a claim with your insurance company for damages. In some situations, though rare, your neighbor could be liable for the damage if they were negligent by knowing about structural issues with the tree and intentionally not taking action to remediate the situation.
Do you have a tree in question on property lines? Contact K&J Tree Service today!
Do you need help understanding your legal rights to remove or prune a tree on property lines? Call us today at 203-248-8733 or fill out our online form to schedule a free tree risk assessment with one of our Connecticut licensed arborists. All our work complies with the American National Standards Institute’s (ANSI) A300 Tree Care standards, which are considered the highest standards for industry practices. Let our team help you navigate these situations, answer your questions, and provide a recommended action plan.
