Tree law. Who knew it was even a thing? Any farmer or landowner knows the woes of having a neighbor’s tree hanging over a property line. Or, sometimes even worse, when a neighbor’s tree falls on your own property. The law in this area is quite well established. Here are the basic rules:
What if the tree is on the property line? Can I cut it down? When a tree is on the property line then the tree is considered the common property of both landowners. In that situation, neither party has the right to cut down, injure, or destroy the tree without the consent of the other landowner. (Lennon v. Terrall, 250 Mich. 100, 1932)
What happens if I cut the tree down anyway? If you have the consent of the adjoining landowner, then there may be no issue. However, if the adjoining landowner does not want the tree trimmed and you do it anyway, they could take you to court and sue for alleged damages.
What about when the tree hangs over the property line on to my property? In this situation, the law allows the tree to be trimmed. However, you cannot cross the property line without your neighbor’s consent. You can only trim or cut what is on your property. This should be done with caution though. If your trimming causes irreparable harm to the tree (kills the tree or diminishes the value), then you could be criminally and/or civilly liable. Monetary damages can be steep!
What if a branch hangs over the property line and it causes damage on my side of the property line? If a branch that hangs over the property line causes damage to your property, that is a fact intensive situation, and you will need to consult an attorney.
Courts will look at whether the other property owner had notice of the condition of the tree, whether there were any intervening causes, and who owns the property (a private party or a governmental entity, just for example).
There is an unpublished Michigan Court of Appeals opinion that allowed a party to recover under a negligence theory, see Gibbons v. Horseshoe Lake Corp., 2014 WL 953568 (Mich. App. 2014).
Some General Advice
Maintain good neighbor relations and communicate with neighboring property owners because just stepping forward and cutting trees could lead to harsher legal consequences than you might expect.
Consult with an attorney if you do not have favorable relations before doing any trimming or cutting down any trees that are not yours. Legal damages for damaging a tree can run into hundreds of thousands of dollars just in the value of the tree alone. Consulting an attorney on the best next steps is well worth the money.
Keep your trees along the property line in good shape. If your tree damages someone else’s property, you may be obligated to pay for their damage.
Nothing in this article should be treated as legal advice. You should always consult an attorney regarding your specific situation; a good starting point is Michigan Farm Bureau’s legal resources page.
Questions:
- What are some good techniques for developing, maintaining and improving neighborly relationships?
- Michigan Farm Bureau’s Farm Legal Resources page is a good first step if you don’t know where to start looking for an attorney to consult. How would you go about finding a local lawyer?
- Keeping your property lines free of obstructions — including trees — might seem like another full-time job you don’t have time for. What have your experiences been when it comes to property-line maintenance?
And/or submit one of the following via email:
- What local issues are on farmers’ minds in your area that should be addressed in the next five years?
- What other CAG discussion topics would you like to see in the coming months?
- Your Farm Bureau staff in Lansing are here for YOU! What specific questions do you have for them? What assistance can they provide?
Submit your responses via email to [email protected] or by post: MFB Community Group Discussion Topic Responses, ATTN: Michelle Joseph, 7373 W. Saginaw Hwy., Lansing, MI 48917. Please include your name and CAG affiliation.