Tree Law

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  • Ridge vs Blaha - Illinois - a large tree trunk extended 5" onto plaintiff's land. Plaintiff succeeded in an injunction preventing neighbor from cutting down the tree, even though most of the tree was on the neighbor's land. [1]
  • Holmberg v Bergin - Minnesota - if a planted tree overgrows the boundary, the planter remains the sole proprietor of that tree. Sole proprietor can cause nuisance. Tenancy in common does not cause nuisance. [2]
  • Missouri has triple damages but no criminal penalty for tree destruction [3]
  • Rhodig v Keck - Colorado - boundary trees planted not as boundary trees, but which end up encroaching, are not treated as property in common [4]. Trees treated as a partition belong jointly.
  • Tanner v Wallbrunn - MO -[5] - encroaching tree that is damaging your house is not liable for damages, as you can self-help by trimming the branches.
  • Hasapopoulos v Murphy - MO - encroaching tree is ok. You have self-help to prevent damage.