Is a tree part of the land?

Trees are considered part of the land and belong to the land owner. Therefore, the owner of the land on which the tree grows can be held responsible for any damage caused. In most jurisdictions, each homeowner has a common ownership interest in the boundary tree. Every common tree owner can legally cut back on overhanging vegetation or roots that undermine their property, but not in a way that could kill the tree.

An area of land full of trees. We can also talk about forests, and this has the same meaning. A boundary tree is a tree whose trunk, roots, or branches cross the invisible barrier that extends into the property or airspace of an adjoining owner. And according to NOLO, there is case law that grants damage to homeowners if their neighbors have pruned a tree to the point where the tree is no longer pleasing to the eye.

Tree owners in urban areas have a duty to inspect each and every tree in a facility to determine dangerous trees and have them removed. Whether the tree was deliberately planted or planted by itself, the tree belongs to the owner of the soil that surrounds the base of its stem. However, a white oak from Athens, Georgia, was reportedly so dear to its owner that, after his death, he gave the tree his property in his will. When he died sometime between 1820 and 1832, he gave the tree and the soil that surrounded it to the tree itself.

Because of and considering the great love I have for this tree and the great desire I have to protect it forever, I transmit total possession of myself and of the whole earth eight steps away from the tree everywhere: William M. Jackson. If it's a dangerous tree, you have the right to prune branches and cut and remove the roots of trees that are penetrating the pipes or foundations of your real estate property. If you or your neighbor decide to prune branches, cut tree roots, or treat parts of the tree with a chemical that ultimately causes damage to your neighbor's tree or trees, you could be responsible for the damage.

Whether the tree is causing damage or not, if its branches extend beyond the boundary of your property, your neighbor has the right to prune your tree to the property boundary. In most cases, a whole tree (trunk, branches and roots) is owned by the person who controls the land where the tree was originally planted, usually the owner. Many cases make it clear that a landowner's interest in trees depends on the right of a utility company to remove and prune trees that interfere with the necessary and reasonable operation of the utility company. However, disputes over trees near the property boundary can involve large sums of money, especially if the tree is damaged or dies.