Hey Paul, Can I Prune My Neighbor’s Tree That Is In My Way?

 

5879802794_ae18ddb37e_o

Photo by my_southborough via flickr.com 

 

This is not a substitute for legal advice.

Many of you may have neighbors with trees or bushes growing near the property line. Branches might be impacting equipment you use in fields, growing into property line fences, or dropping branches on your property after storms. The question is often asked, “Can I trim my neighbor’s tree?” The answer at least in the majority of states is that a neighboring property owner has the right to cut tree limbs, bushes, or other vegetation growing over the property line back to the property line. The adjoining property owner cannot trespass to do this and can only trim from his/her property. Continue reading

Preserved Property Owner Does Not Have Standing to Challenge Approved Use by Neighboring Preserved Property Owner

chebeague_island_september_2016

Photo of Chebeague Island in Maine, source Gkuriger via wikicommons

 

This post is not legal advice

I have written a few times on how the legal principle of standing can impact your ability to bring a lawsuit. In many cases, standing can require showing an injury-in-fact, causation relationship between the injury and the action of the defendant, and likelihood that the injury can be solved by a favorable decision and is not merely speculative. But in some cases, the legislature may limit who can have standing even further. For example, with conservation easements, a state legislature may limit those who can enforce the conservation easement to the holder of the easement (such as a land trust). The Maine Supreme Court recently found landowner of preserved property did not have standing to enforce the easement on neighboring property (Estate of Robbins, 2017). Continue reading