Full question:
I read the statement below on your website. I need to know if it applies specifically to my city and state Murray, Utah). Our neighbor, without warning or consultation, cut a substantial number of limbs off our 20 year old cherry tree, and in the process, went 2 feet over the property line on our side. He also topped an aspen tree that was growing at a slight angle toward his fence, killing the tree, again going over the property line. What are the location specific legal guidelines in cutting a neighbor's tree? 'A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree owner the chance to correct the problem. If the tree owner does nothing, the tree can still be trimmed. As a general rule, a property owner who trims an encroaching tree belonging to a neighbor can trim only up to the boundary line and must obtain permission to enter the tree owner's property, unless the limbs threaten to cause imminent and grave harm. Additionally, the property owner cannot cut the entire tree down and cannot destroy the structural integrity or the cosmetic symmetry and appeal of a tree by improper trimming.
- Category: Trees
- Date:
- State: Utah
Answer:
A survey based on city plat maps will determine tree ownership, overriding fence or other boundaries. Contact the local recorder's office for a legal description of your property boundaries. In some cases, hiring a surveyor to mark boundaries may be necessary. The information you cited generally applies across states based on established case law. For specific tree ordinances in your area, consider calling the local building department.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.