A collection of common questions about tree and view ordinances. Your neighbor. Click here for frequently asked questions to help you deal with troublesome trees on or near your property. We recommend using These ordinances usually are limited to trees or other landscape elements and require the person whose view was blocked to ask the property owner to remove or trim the tree first. If you were unaware of the tree’s condition then you are not liable for the damages to your neighbor’s property. Find answers to your questions about your right to an unobstructed view, how view ordinances work, and your options if there is no view ordinance. As for who owns any fruit from the tree, however, that's another matter. You have the legal right to trim tree branches up to the property line. You may only prune up to the property line and must stay on your property. This article explains a few things to keep in mind when faced with a neighbor dispute over trees. The rationale behind this law is that property owners and neighbors should work to solve problems together, rather than jumping into filing lawsuits. Do I have to compensate my neighbors for damages caused by the spreading roots of a tree on my land? What's the cost of the damage to the neighbors' septic system? A "nuisance" as defined by Nevada law includes any structure that obstructs the free use of the property of your neighbor or interferes with your neighbor's "comfortable enjoyment of life or property." The city of Las Vegas Code Enforcement Division is proud to announce the addition of Neighborhood Assistance Program. Copyright © 2020, Thomson Reuters. As a rule of thumb, the owner of the property where the trunk is located owns the tree. New Florida Tree Law – Chapter 2019-155 Recent legislative action, CHAPTER 2019-155, Committee Substitute for House Bill No. You can find out local tree rules by calling your building or planning commission or checking local ordinances online. See the Nolo articles on Neighbors and Trees for advice on handling tree disputes with neighbors. In some cases a neighbor's tree may actually block a view of something unpleasant -- such as a garbage collection site or freeway … recliners, appliances, tires, wood, mattresses, box springs, tree limbs, temporary shade structures and other items that are not intended for outdoor use. How about splitting the cost? Under case law, the tree owner can also, recover for the damage caused to the aesthetic value of the tree. If a tree causes damage to a neighboring property, the person who owns the tree may be liable if the party who suffered the damage can prove negligence on behalf of the property owner. However, neighbors are not free to pick fruit from neighbors' trees even if it hangs over their property. Neighbors are free to trim branches that extend into their property but may be held liable for any trimming beyond the property line. If you have a tree that looks like it may fall onto your neighbor's yard or house, you are responsible for taking the steps necessary to alleviate those risks. These are referred to as "boundary trees" and may be removed only with the consent of all parties involved. See How to Find Local Ordinances and State Laws to locate your city's laws and policies on trees. Again, if you’re not sure if a tree needs maintenance, it’s probably best to get a tree consultant to assess the risk. Do Not Sell My Personal Information, Nolo's Essential Guide to Buying Your First Home. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. Am I entitled to compensation for the tree? "Serious harm" generally means structural damage to property, for example damaged roofs or walls, crushed pipes, clogged sewers, or cracked foundations. Because of this, it is best practice to get a neighbor’s permission before removing any tree that sits on the property line. These penalties protect tree owners by providing harsh deterrents to would-be loggers. While researching this note, dozens of friends and colleagues shared stories of problems they have had with neighbors and how they wished they could cut off offending branches. City governments often step in to take care of, or make the owner take care of, dangerous trees. Learn about whether you could trim tree branches that extend to your property, whether you may eat the fruit off branches hanging on your property, and more. Whose homeowners insurance company pays if your tree falls on your neighbor's house? 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