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What is a tree law case?

According to Victor Murello, a tree attorney in Columbus, Ohio, it is most common for tree law cases to crop up in urban areas, where dueling desires for personal space and abundant landscaping often result in disputes over trees.

What country gave the United States thousands of cherry blossom trees?

In 1912, the country of Japan presented the U.S. thousands of cherry blossom trees to plant in Washington, D.C. Eliza Scidmore was a traveler, author, and journalist who was one of the board members of National Geographic. In 1885, Scidmore traveled for the first time to Japan where she took great interest in the Japanese culture.

Can Edward legally remove a tree?

Lasell College v. Fox, 53 Mass. App. Ct. 1103 (2001). The only way in which Edward may be able to remove such a tree in its entirety is if the tree constituted a nuisance.

How does tree law vary from state to state?

That means that tree law can vary widely from state to state—a judge can rule based on past cases, or forge a new opinion—but there are still basic tenets that apply nationwide.

What is the law on tree maintenance?

United States tree law even has a special rule for people in urban areas, which is that every tree in an urban area must be inspected and maintained by its owner. If the owner of that tree fails to inspect or maintain that tree, and it falls and hits a person or thing, then that owner is liable.

What happens when a tree crosses a boundary line?

A tree’s trunk—where it emerges from the ground—dictates who owns it. If any part of its trunk crosses a boundary line, then it is jointly owned, and both parties bear responsibility for the damages that it might cause, if they did not take necessary steps to inspect and maintain that tree. Welcome to the world of tree law, a little-known corner ...

What is tree law?

Tree Law is a Gnarly, Twisted Branch of the Legal System. aoc-share. A tree lawyer will help you determine liability when it comes to fallen trees. (Photo: slgckgc/CC BY 2.0) It begins almost like that familiar tree-falls-in-the-woods saying, if that saying grew up to become a lawyer: if a tree falls on a car, and its trunk crosses two boundary ...

Where are tree cases most common?

According to Victor Murello, a tree attorney in Columbus, Ohio, it is most common for tree law cases to crop up in urban areas, where dueling desires for personal space and abundant landscaping often result in disputes over trees.

When was the Massachusetts tree cutting rule amended?

But a 1993 California case amended the Massachusetts Rule slightly by stipulating that anyone looking to chop down infringing tree branches or roots needs to act “reasonably,” which meant taking into account whether the action would ultimately damage the tree.

Can a falling tree cause death?

Other times, cases can be about damages caused by a falling tree—and in the worst cases, those fallen trees prove fatal. Lew Block, a consulting arborist and author of Tree Law Cases in the USA, once worked on a case in which both the defendant and plaintiff in the case were deceased, killed by the same falling tree.

Can you cut a tree in Massachusetts?

In most states, residents are allowed to cut any branches off of a tree that hangs onto their property, up to the boundary line, regardless of whether or not the tree ultimately survived the chopping—that’s known as the Massachusetts Rule, because it was first decided in a Massachusetts court.

Why did the willow not weep for Harold?

The willow will not weep for Harold. She should have cut the overhanging branches her property so as to prevent herself from getting injured by George’s tree. George is not liable. “The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a neighbor’s property is not unreasonable ...

What tree is on Janet's property?

Question: Irene and Janet are neighbors. A large poplar tree on Janet’s property is growing so much that its roots are extending onto Irene’s property. The roots of Janet’s tree have caused the cement under Irene’s house to crack and crumble, potentially injuring the foundation of Irene’s house.

Can Bill cut the branches of Alan's tree?

Answer: Bill can cut the branches of Alan’s tree to the extent they are on Bill’s property. “ [T]here is no doubt of the right of the adjoining proprietor to cut off limbs and roots which invade his premises.”. Levine, 312 Mass. at 243. “Notwithstanding the legal ownership of the property, the overhanging branches of the plaintiff’s tree can be cut ...

Who is Robert Nislick?

For a detailed analysis, see my companion article Trespass to Trees in Massachusetts. About the author: Robert Nislick is a Massachusetts real estate lawyer. He can be reached at (508) 405-1238, or by e-mail at rob@nislick.com.