Gulf
Coast Tree Specialists
Inc.
Homeonwer Tree Responsibilities
HOMEOWNER TREE RESPONSIBILITIES
Sunday, March 10, 2002
Sam Hand, Jr.
If you are one of those homeowners who like trees, and fortunate enough to have some, then you also need to be aware of your responsibilities as the tree's owner.
First, you have a legal obligation to maintain your trees in a safe condition so as to not present a
threat to your neighbors or the general public. If your tree has an observable defect such as an open cavity, large dead branch or an excessive lean that is obvious to a layman, then you must make it safe to
prevent harm to persons or property, including yours. Many insurance policies require such preventative maintenance. They do not consider neglect an act of God, and will not pay for damage caused by tree failure which could have been prevented. If your tree falls on your neighbor's property and causes damage, normally, it will be his insurance that pays for the accident.
However, if the failure was due to your negligence, it is your insurance that will likely pay, and
the insurance company may then decide to seek recovery from you for the payment, if you were
aware of the potential threat. At the very least, you are likely to find yourself uninsured by
your former carrier.
Another common problem that develops between neighbors, and can result in a liability
potential, is when one neighbor determines the need to maintain his or her property in a way
that damages their neighbor’s trees and/or makes them unsafe. One common way this can occur
is to damage or cut the supporting roots of a tree. The roots may be on the property of the party
doing the work, and the tree on the adjacent property. In some cases root damage may be
severe enough to kill the tree. In other cases it may just leave a large tree standing without
benefit of proper anchorage due to the severing of its major structural roots. In some cases local
ordinances can be violated. Root damage can result in citations for illegal damage to trees on
property adjacent to that where construction is occurring.
While many of us believe that we have the absolute right to do with our property anything we
wish, the reality is that many recent rulings from courts have held that, while one does have
the right to maintain his or her property, you also have an obligation to not unreasonably
damage your neighbor's property.
This can be especially difficult when dealing with living things such as trees. Therefore, it is
usually better to seek professional advice from a qualified arborist. These professionals are
experienced in the management of large and potentially hazardous trees. Heeding their advice
is wise before undertaking projects that may cause serious structural or terminal damage to
trees, especially if the trees are not on your property. If you kill your own tree, you are just
faced with the loss of your tree plus the cost of its removal. If it is your neighbor's tree you
damage, you may also be faced with paying for its value as well. When you consider that a sixinch
diameter tree, properly planted and guaranteed can cost over a thousand dollars, what
then is a three-foot diameter heritage tree worth. Often the appraised value of trees taken
inadvertently runs into the tens of thousands of dollars.
It is no longer the world of the frontiersman, but the modern world of litigation and liability
that we live in today. Given the sentimental desire to preserve large trees on our property, we
need to remember that, if they are not properly managed, they have the potential to quickly
turn from friend to foe. Today's homeowner needs to be tree-wise in ways his ancestors were
never concerned with.
Sam Hand, Jr., is the director of the Green Industries Institute for Professional Development.
Sunday, March 10, 2002
Sam Hand, Jr.
If you are one of those homeowners who like trees, and fortunate enough to have some, then you also need to be aware of your responsibilities as the tree's owner.
First, you have a legal obligation to maintain your trees in a safe condition so as to not present a
threat to your neighbors or the general public. If your tree has an observable defect such as an open cavity, large dead branch or an excessive lean that is obvious to a layman, then you must make it safe to
prevent harm to persons or property, including yours. Many insurance policies require such preventative maintenance. They do not consider neglect an act of God, and will not pay for damage caused by tree failure which could have been prevented. If your tree falls on your neighbor's property and causes damage, normally, it will be his insurance that pays for the accident.
However, if the failure was due to your negligence, it is your insurance that will likely pay, and
the insurance company may then decide to seek recovery from you for the payment, if you were
aware of the potential threat. At the very least, you are likely to find yourself uninsured by
your former carrier.
Another common problem that develops between neighbors, and can result in a liability
potential, is when one neighbor determines the need to maintain his or her property in a way
that damages their neighbor’s trees and/or makes them unsafe. One common way this can occur
is to damage or cut the supporting roots of a tree. The roots may be on the property of the party
doing the work, and the tree on the adjacent property. In some cases root damage may be
severe enough to kill the tree. In other cases it may just leave a large tree standing without
benefit of proper anchorage due to the severing of its major structural roots. In some cases local
ordinances can be violated. Root damage can result in citations for illegal damage to trees on
property adjacent to that where construction is occurring.
While many of us believe that we have the absolute right to do with our property anything we
wish, the reality is that many recent rulings from courts have held that, while one does have
the right to maintain his or her property, you also have an obligation to not unreasonably
damage your neighbor's property.
This can be especially difficult when dealing with living things such as trees. Therefore, it is
usually better to seek professional advice from a qualified arborist. These professionals are
experienced in the management of large and potentially hazardous trees. Heeding their advice
is wise before undertaking projects that may cause serious structural or terminal damage to
trees, especially if the trees are not on your property. If you kill your own tree, you are just
faced with the loss of your tree plus the cost of its removal. If it is your neighbor's tree you
damage, you may also be faced with paying for its value as well. When you consider that a sixinch
diameter tree, properly planted and guaranteed can cost over a thousand dollars, what
then is a three-foot diameter heritage tree worth. Often the appraised value of trees taken
inadvertently runs into the tens of thousands of dollars.
It is no longer the world of the frontiersman, but the modern world of litigation and liability
that we live in today. Given the sentimental desire to preserve large trees on our property, we
need to remember that, if they are not properly managed, they have the potential to quickly
turn from friend to foe. Today's homeowner needs to be tree-wise in ways his ancestors were
never concerned with.
Sam Hand, Jr., is the director of the Green Industries Institute for Professional Development.