A unique branch of law could create justice for one homeowner in South Dakota whose tree was brazenly removed by a new neighbor.
After coming home one day to find tree removal services on their property unexpectedly, the homeowner made an even more upsetting discovery: an established white ash tree near the border of their property had been removed without their permission.
As chronicled under Reddit's r/treelaw, the tree was removed at a new neighbor's request. According to the post, she had concerns the tree would fall onto her new rental property.
"The tree was perfectly healthy," wrote the homeowner. "No rot or dead limbs anywhere."
Trees, which are not only beautiful but also soak up planet-warming carbon, are a common matter of litigation between neighbors. Much like in this story, problems often arise when one neighbor disrupts a tree that resides on another neighbor's property.
While tree law varies by location, generally, where a tree's trunk grows dictates its ownership. However, if any part of the tree crosses into another neighbor's yard, it is their legal right to trim the tree up to the property line.
"Boundary trees" that grow directly on property lines — or have any part of their trunk crossing property lines — are both neighbors' responsibilities. This means any tree removal must be discussed and agreed upon by all who share responsibility.
According to the homeowner's comments, the removed tree was planted near the property's border to serve as a divider when the home was built in 1977. The homeowner affirmed the tree's trunk grew on their property, over one foot from the property line. Besides, the homeowner was never confronted by the neighbor about removing the tree until it was too late.
While r/treelaw is intended for discussion of tree law stories rather than free legal advice, members of the forum were quick to suggest that the homeowner take legal action against the neighbor to collect damages.
"Typically, as long as it doesn't compromise the health of the tree, neighbors are allowed to trim the tree back to the property line," wrote one user. "This looks like they went way over that threshold. I'd get a lawyer, they f***** up."
In an updated post, the homeowner shared that they have indeed been raking up evidence to take the case to small claims court.
"I'm rooting for you OP," commented one user. "Good luck and we will look for your update of being successful in your case!"
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