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Hazard Trees and Limbs on Private Property <br /> <br />What is a “hazard tree? <br />A hazard tree is a tree with a defect, plus a target. An example is a dead <br />tree branch (a hazard) by a house (the target). <br /> <br />How can I identify a hazard tree? <br />Examples of obvious defects include a dead tree limb, the unseasonable <br />lack of leaves, visible decay, a hole or crack in the trunk, or a tree leaning dangerously to one <br />side.1 Trees with obvious defects can become problems, because they can fail and cause <br />property damage or human injury. <br /> <br />Who is responsible for damage caused by a hazard tree? <br />A tree owner is generally responsible for damage caused by a <br />hazard tree. A tree owner is not expected to be a tree expert, <br />but s/he is expected to recognize obvious symptoms of a <br />problem. The reason for concern is that pre-existing defects <br />can predispose a tree to failure. However, some defects are <br />not obvious to the non-expert. If the defect is not obvious, <br />the tree owner probably will not be held responsible if the <br />tree fails. <br /> <br />If your neighbor’s tree falls and injures you or your property, <br />your neighbor is responsible for the damage done IF the tree defect was obvious and the <br />neighbor failed to correct the problem. However, if the tree defect was not evident, then your <br />neighbor will likely not be responsible for the damage. The reason is that your neighbor <br />cannot be held legally responsible for a problem of which he had no notice or opportunity to <br />fix. If there is a question about the tree’s condition, consult a tree-care expert. Look for a <br />“certified arborist” in the Yellow Pages under “tree companies.” Some communities hire tree <br />inspectors who are trained to identify hazard trees and diseased trees in both public spaces <br />and private yards. <br /> <br />What can I do if I disagree with a tree inspector about the condition of my tree? <br />If a tree inspector or housing inspector has condemned your tree as a hazard tree or diseased, <br />you can ask the inspector to identify the defect and explain why it is a hazard. If you <br />disagree, contact a certified arborist and get a second opinion. If the arborist agrees that the <br />tree inspector made an error about your tree’s condition, give the tree inspector a copy of <br />your arborist’s written opinion. In the case of diseased trees, a lab test can be done to <br />confirm the presence of a disease. <br /> <br />What should I do if my neighbor doesn’t deal with a hazard tree that threatens my property? <br />Talk to your neighbor! Ask her to view the situation as you see it from your side of the <br />boundary line. Ask her to fix the problem. You’re putting the neighbor on notice that a <br />defect exists. Write a letter to your neighbor, describing the problem (make sure that you <br />keep a copy). Document the problem with photos. Consult a tree-care expert, an arborist. <br /> <br />1 For photographic examples of hazard trees, please see the U.S.D.A. Forest Service’s Hazard Tree web page: <br />http://www.na.fs.fed.us/spfo/hazard/index.htm. <br /> Hazard Trees and Limbs on Private Property 1 <br />