This article is meant for informational and entertainment purposes ONLY, and should not be used as a substitute for professional legal advice. If you have a legal issue pertaining to issues mentioned in this article, consult a lawyer immediately.
With high winds and falling trees reported across the state this week, there’s bound to be some pretty significant storm cleanup going on in Connecticut in the following days.
And with tree damage in the news and plenty of winter weather still ahead before spring, now is a good time to clear up what might be a confusing topic for many Nutmeggers. Namely the question, “Am I responsible if a tree falls from my property onto my neighbor’s?”
Hopefully, this is a question you’ll never have to ask. But with extreme weather becoming more and more the norm in the Northeast and across the country, it’s always better to be prepared.
It’s your legal duty to maintain the trees on your property in a way that prevents them from harming a neighbor’s property.
According to common law in Connecticut, it’s your legal responsibility to make sure that the trees on your property don’t pose an “unreasonable danger” to others. That means if you have a tree on your property that’s unhealthy, rotting, or generally unsafe, and is close enough to a neighbor that it puts them or their property at risk, you’re liable if anything goes wrong.
Healthy trees don’t need to be cut down.
However, if you can demonstrate that the damage to your neighbor’s property was caused by an “act of god,” you may be able to avoid liability.
For instance, if an otherwise healthy tree is knocked down by a natural disaster such as a hurricane, you likely won’t be liable for any damage it causes, since there was no negligence on your part.
The specifics of every case are different though, it these things often come down to one person’s word against another.
If you’re not sure if a tree on your property poses an “unreasonable risk” to a neighbor’s, it’s best to get expert tree consulting services like those offered by Watson Treeworks.
In a nutshell:
According to the website MayaLaw.com:
…if you know that a tree is dangerous and needs maintenance, or have been notified by a neighbor, you might be considered negligent and liable for injuries. When negligence is not a factor, Connecticut law states that whosever property a tree falls on is responsible. If you were unaware of the tree’s condition then you are not liable for the damages to your neighbor’s property.
Again, if you’re not sure if a tree needs maintenance, it’s probably best to get a tree consultant to assess the risk.
If a tree is growing on one person’s land, but limbs or roots encroach onto another person’s land, the latter has a legal right to cut off branches or roots up to the property line.
Does a neighbor’s tree hang over the property line onto your land? If so, you can lop off the offending limbs as long as you go no farther than the property line. This is according to the precedent set by McCrann v. Town Planning & Zoning Commission, 161 Conn. 65 (1971).
However, you may want to be careful in so doing. There’s a statute which “imposes liability for cutting a tree on another person’s land without permission,” and makes the cutter responsible for up to five times the tree’s “reasonable value.”
Get Expert Tree Consulting, Trimming, and Removal Services Across Connecticut
Not sure if a tree is in danger of falling on yours or a neighbor’s property? Need a tree trimmed or removed before it falls? Watson Treeworks in Rocky Hill provides tree consulting, trimming, removal, cabling and bracing, and other tree services across the state. Get in touch for a consultation.