The Center for Agricultural Law and Taxation does not provide legal advice.
Jul 07, Iowa follows the common law or “Massachusetts Rule.” Thus, a landowner may trim a neighbor’s trees branches from his own side of the fence line. He may also dig up roots from his neighbors trees if they cross onto his property. The remedy, however, is limited to self-help. Harndon v. Stultz, N.W. (Iowa ). Kansas, on the other hand, follows the Hawaii approach.
Removing their trees/grinding down their stumps kills their roots. Trimming Back Branches. In California although you may trim back branches which invade your airspace, you cannot legally cut down or harm your neighbor’s trees without beforehand obtaining a court order, or you may be liable for double or treble damages to your neighbor [Civ.C Estimated Reading Time: 4 mins.
Jul 02, July 2, While the Iowa case law on trees on private property is not definitive in Iowa, there are some basic rules to follow regarding trimming and care of trees on private property. Many times there is a dispute between neighbors regarding who owns the tree, who is responsible for the tree, and what one neighbor or the other can do growing lilac tree from cuttings a tree which hangs on both of their properties.
Sep 12, If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree.
That means you can’t cut it down, but you do Estimated Reading Time: 3 mins. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree owner. Instead, the neighbor can go ahead and trim the tree himself.
In some states, however, neighbors may sue under certain conditions, including. Mar 26, “My neighbor’s tree has branches crossing over my fence. Can you cut them back to their side? And while you’re at it, can you cut all the roots that are in my lawn?” If I had a dime for every time someone asked me that question, I’d be the better looking version of Bill Gates.5/5. Sep 02, But in Iowa, if the neighbor does harm to the tree in the process, he could be found liable for up to three times the value.
Like Bierbaum, a neighbor can request the property owner trim the trees. Jul 16, As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage. The tree roots are part of your property. Removing the tree roots up to the boundary line is a reasonable course of action.
Crossing property lines or removing part of the tree not on your property could result in a lawsuit.
Jun 28, No! Crossing property lines to trim or cut down a tree is not something you or your arborist can do. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree!