Authorized recommendations that can aid with tree concerns

by Deb Miller, JD

WV Senior Authorized Assist volunteer

A neighbor’s oak tree branches experienced been hanging around the fence on Rose’s assets for lots of a long time. The leaves always dropped on to her vegetable backyard spot, so that meant loads of springtime raking.

In addition, its lifeless branches fell onto her land at situations and on a different neighbor’s as nicely.

Her neighbor did not maintain the branches trimmed, but Rose was informed that she had the suitable to cut the branches that have been hanging over her assets.

Rose requested her nephew to trim a portion of the overhanging branches without the need of going even one millimeter over the house line. She knew she would have to get that finished periodically.

Practically 79% of West Virginia’s land is protected by trees, according to the Nationwide Affiliation of Condition Foresters. We reside in the third most forested condition in the place. It might be really hard to value that in our daily lives but acquiring the option to get an aerial view will clearly show the statistic’s precision.

Dominic experienced a tree issue also. His neighbor’s tree leaves blew into his swimming pool and brought about him more operate. None of the tree’s limbs were being actually in excess of Dominic’s property, so he has no proper to trim the tree.

Trees have worth in our culture as a full over and above their oxygen-making factors and merchandise that can be built from wooden. On our lawns, they offer shade, attractiveness and even recreation.

Chopping down anyone’s tree devoid of authorization is regarded a felony offense in West Virginia, and the home operator can be awarded triple damages from the loss.

Though absent on his relatives fishing journey, Don obtained a call from his buddy with the awful news that his neighbor’s largest tree had fallen on to his property for the duration of a time of significant winds. Substantial problems experienced transpired.

When Don acquired residence and observed the mess within and out, he was shocked. He experienced spoken with his neighbor a few occasions about the previous tree that had no leaves, appeared to be decayed, and need to have been trimmed or slice down. Don had even despatched him a letter with photographs and the details about the tree’s condition. The neighbor experienced dismissed him.

Don known as his homeowner’s insurance policy agent to commence the cleanup and mend approach. He took plenty and plenty of pics of the affliction of the tree and the harm to his property.

At a later time, he did acquire a look at from his neighbor’s homeowner’s insurance policy mainly because the hurt was decided to be induced by his neighbor not having the decayed tree eliminated. Don’s photographs experienced aided with that analysis.

If the tree had been balanced but experienced limbs that broke or blew off and triggered destruction, it’s most likely his neighbor would not have been accountable for the harm to Don’s house. His very own insurance coverage coverage would have been wanted.

For house proprietors who will need to article their home to preserve trespassers out, portray sizable purple squares on boundary line trees is now a legal equal to obtaining “no trespassing” indications posted. Just sustain the paint.

For absolutely free support with property challenges or other authorized concerns from the West Virginia Senior Legal Aid staff lawyer, point out citizens aged 60 and over may possibly get in touch with the toll-cost-free hotline at 800–229–5068.