Tree Law: Settling Disputes with Neighbors

photo of a fallen tree atop a damaged home

A Few Legal Tips About Tree Care from Your Local Kansas City Tree Care Company

We see it happen year after year – tree limbs, or the entirety of a tree, falling onto a neighbor’s property. This most often occurs during tornado season when high wind situations are most frequent. We also see it during the winter when snow and ice can accumulate on a tree branch, effectively weighing it down until it breaks off.

No matter which way you slice it, extreme weather can lead to tree breakage, unwanted cleanup, and potential property damage.

This begs the question: who exactly is responsible for this? In those situations where a tree is planted on one property with branches that overhang a neighboring yard, this can be tough to answer.

Fortunately, the certified arborists near you that specialize in Kansas City tree care know a thing or two about tree law.

A Very Large Tree Branch Has Fallen onto Your Neighbor’s Property – Who’s Responsible?

Let's say, for example, that a large branch from a tree on your property falls onto your neighbor’s property. You're probably wondering if it's you or your neighbor who's responsible for cleaning it up.

It's worth pointing out that tree law varies by state, county, and neighborhood due to homeowners’ association rules and other factors that influence it. If you're looking into Kansas City tree care, take a moment to investigate your location’s specific rules on branch removal due to weather-related reasons.

Unfortunately, in most cases, it is the owner of the property that the tree branch falls on that is responsible for removing it. In our experience, most neighbors are on good terms and will lend a hand in cases of fallen branches. In the event that you need professionals on-site to help with cleanup, don’t hesitate to contact the pros here at Arb Tech.

What Happens if the Fallen Limb or Entire Tree Causes Significant Property Damage?

Let's say that the branch that falls due to weather related conditions causes significant damage to your neighbor’s home, vehicle, or property. In our experience with tree service and knowing how tree law works, we can say that homeowner’s insurance generally takes care of the issue When it comes to covering structural or property damage. However, it may not cover the entirety of the cost to remove the tree or branch.

Legally speaking, you should not be liable for damage that a healthy tree causes for a weather-related event. However, if you have a dead tree on your property and knowingly don’t do anything about it, your neighbor may have legal recourse against you if the tree causes structural or property damage.

Need help removing a dead tree from your property? Tree removal is one of the many tree services that we offer here at Arb Tech. Contact us for more info and pricing.

What’s the Best Way to Decrease the Chances of Fallen Branches or Trees?

We know what you’re thinking. Dealing with fallen branches and trees sounds like a real headache, especially if things turn into a legal dispute between you and your neighbor. Nobody wants that.

So, what’s the best way to ensure this never happens? In a word – prevention. One surefire way to prevent fallen limbs is by exercising best practices when it comes to Kansas City tree care.

That means routinely pruning and keeping your branches in good shape. You can either do this yourself, or you can get professional tree service performed by contacting a certified arborist near you. The professionals at Arb Tech have years of experience in Kansas City tree care, so don’t hesitate to reach out.

Needing Tree Care in Kansas City from a Certified Arborist Near You? Schedule Your Tree Service Today with Arb Tech

Whether you’ve got fallen trees, snapped branches, or simply want to get your trees serviced for the summer, Arb Tech is here to help with our team of certified arborists. If you’re worried about the next big storm on the horizon, allow our professionals to come out and evaluate your trees.

We’re experts in identifying the weak points in your trees and taking care of concerning branches before they become an issue for you or your neighbors. Don’t let tree laws get the best of you. Be proactive in your tree management by getting in touch with us today.

To book Arb Tech for any of the tree services we provide, simply reach out by email via our contact form or call us directly at (913) 954-7004.

Dallas Stephens