Trees

Have you ever fantasized about, or actually built, a tree house?   More likely your fantasy may be about cutting down your neighbor's tree that is scraping the shingles off your roof or dropping debris on a daily basis.  The roots or needles are destroying your grass.  The limbs are pushing your fence over.  The shade is ruining your vegetable garden.  It's in your way when you mow!  Believe it or not, there are very specific rules about what you can do with the tree on the border between your house and your neighbor.

The first hurdle is to determine who owns the tree.  The baby sapling may have been planted just a few inches off the property line years ago and has now grown into your yard.  It may be a tree that has been maintained by previous owners over the years and you are now the "proud" owner of the half tree on your side of the line.  Border trees are touchy and are best dealt with by negotiating with the neighbor as to costs for removal, etc. 

When the tree didn't start out as yours and the City is requiring its removal because of disease, trouble can ensue.  Who pays the bill?  If the neighbor is not amenable to sharing, there are regulations governing border trees.  I found a very helpful website with summaries of the regulations governing shared trees and/or their problems in Minnesota.

A few important points from the article are:

• Work with your neighbor to solve any tree issues.
• Where the trunk is determines who owns the tree.
• Trimming the overhanging branches from your neighbor's tree is permissible if it does not harm the tree, i.e., trimming an oak in the summer makes it susceptible to oak wilt and you can be charged for damage and/or loss of the tree.
• Whereas you can trim the branches that overhang your yard, you cannot harvest the fruit without permission!  Go figure!
• The neighbor cannot harvest the fruit overhanging your yard without permission to enter your yard!   Pay back?
• If the neighbor's tree causes damage to your house, the neighbor usually pays for the damage, i.e., if a tree limb falls on your house.
• There is legal recourse if you and your neighbor cannot agree on a solution for the tree problem.  For example, the court may require a tree be removed if roots are lifting your sidewalk and causing a trip hazard.