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Encroaching Trees, Branches, or Roots

Generally, an owner is not liable to an adjoining owner for damages caused by an overhanging limb of a tree unless the tree was planted by the owner or a former possessor.  In addition, an owner is not liable for any harm caused if the tree was of natural growth.   

In addition, encroaching trees and plants are not nuisances merely for the reason that they cast shade, drop leaves, flowers, or fruit, or because they happen to encroach upon adjoining property either above or below the ground.  Further, a landowner can not be held liable for alleged damage caused by falling pine needles and pine cones from an overhanging tree.

Encroaching trees and plants are considered a nuisance if they cause actual harm or pose an imminent danger of actual harm to adjoining property and the owner of the tree can be held responsible for any harm caused by it.  The court or a competent authority may require the owner of the tree to cut back the encroaching branches or roots, assuming the encroaching vegetation constituted a nuisance.

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