Legal Question in Real Estate Law in Connecticut
I share several border trees with my backyard neighbor, who insists that the trees need to come down because they have branches that sometimes fall. His shed was damaged about a year ago by a falling limb in a bad windstorm. The shed needed to be replaced and my insurance company said that the cost and responsibility to replace his shed was his. He wasn't happy then and isn't happy still.
I got a copy of the land survey for my property and measure the distance from the corner of my house to where my property is supposed to end and it is inconclusive as to who owns what.
Regardless of who owns what trees, the limb that fell was clearly a limb that overhung his property. After the limb fell, I had my landscaping contractor come out and trim some low-hanging branches and also had a registered Arborist come out to inspect the trees and give me quotes to trim and or remove them. The Arborist states that there is nothing wrong with the trees; He wrote on his quote that the trees are free from infestation and show no signs of rot. He recommended leaving them alone. He also stated that if my neighbor wanted to prune the branches that overhung his property that that would be his responsibility.
I don't know who is correct or not correct and each time a twig falls, my neighbor is out taking pictures. He ahs already sent us a registered letter complaining that the trees are dead or dying and are a danger to he and his wife.
What are my obligations under the law and should I have my property re-surveyed to find out exactly who owns the trees? Also, are the limbs that overhang his property my responsibility?
1 Answer from Attorneys
I can not give you a definite answer but I can say that my reading of the law of trees is this: If you,as the owner of the tree(s), knew or should have known that the tree is a patent danger because it could fall due to disease, decay or otherwise dangerous condition (and I think this includes limbs of the trees as well) then you as the owner of the tree is responsible. However, my reading of the law is that the "defect" in the tree must be apparent, visible and patent. (You are not required to hire an arborist even though you did)
A fallen tree (and I think this includes limbs of trees as well) caused by an act of God- windstorm, or other natural disaster, is not your responsibility. However, I say that with a condition that if the tree was visibly rotten and it fell from a storm then I think you are responsible. The storm does not shield you from the liability that runs with rotten trees.
All of that being said, if limbs are falling from your trees onto his property then I would be concerned that you had notice of something going on with the trees, because limbs fell previously. (the limbs were dead) Or better put: is it worth the fight. Just trim the trees.
Finally, I think you do need to know where your property line ends so that you know which trees you are responsible for. What if your neighbor lies under a tree as it is falling to the ground and yells out "the tree hit me!" Now you have to pay a lawyer, so you might as well just pay a surveyor.
Some of my answer is legal and a portion is just plain economics.
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