Hi:

There is a maple tree that appears to have originated on my neighbor's property, over the years it has encroached onto mine by about 2-3 inches, and that is only at the very base (bottom couple of feet.) My property was surveyed several years ago, the tree is not on it, which is another indication (to me anyway) that it is not mine. It is a good sized tree, the trunk is approximately 60" in diameter and about 60 feet tall, maybe more. You can see how it has encroached because its trunk has "swallowed" (a couple inches deep into the trunk) the wire from an old cedar post and wire fence that runs along the line (pretty much). None of the upper trunk is over my property, but many branches hang over my property. A branch was broken during a storm and needs to be removed, it is a hazard to my property and the outer end of the branch is "hung up" in the branches of one of my trees (at a height of about 40 feet). Who owns the tree? If ANY of the trunk, even the most marginally small amount is on the line, does that mean it is half mine? Located in Connecticut. I am having trouble finding clear guidance on this. Thanks, Suzanne

Reply to post by Susan, on August 06, 2001 at 17:13:33:

most jurisdictions I have dealed with concider storm damage to be an "act of god". The debris belongs to the owner of the property it is on. In this case it is hung up over your property, in your tree.

Some concider the portion of the a tree, growing on an adjecent property, hanging over the imaginary planer of the property line to belong to that property it overhangs.

The risk of the branch falling is to your property, and the cost of getting it out would be relativly small. Does your homeowners policy have coverage for cleanup? I've had customers with between $400-600.

Reply to post by Susan, on August 06, 2001 at 17:13:33:

What I really am asking is, if this tree clearly originated on neighbors property and over the years as it grew it slightly encroached onto mine, why must I "own" half of it? I never have maintained this tree as mine. And I had no way of preventing it from encroaching. What legal doctrine forces this upon me? Or does it?

Reply to post by Susan, on August 06, 2001 at 17:13:33:

At least in California, CA Civil Code Section 834 states:" Trees that stand partly on two or more coterminous owners, belong to them in common" You might review the case Grandona v Loodal 78 Cal. 611, 21 P.366(1889)for some insight. I guess the theory is that you might have acquired some duties regarding the tree but also might have acquired some rights to the tree as well. It does seem strange though.