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Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 <br />In the Shade of a Tree: <br />Analyzing the Tree-related <br />Legal Problem <br /> <br />By Steve Pihlaja and Lorrie Stromme <br /> <br /> <br />Trees provide shade, purify air, enhance quality of life, and inspire poetry, <br />but they also may inspire lawsuits. Whether the tree is yours, your <br />neigh bor's, or your client's, it's prudent to know what sort of shadow it may <br />cast. <br /> <br /> <br />T he trees of our urban forests provide shelter, purify the air we breathe, increase <br />property values, conserve energy, and enhance quality of life in our cities. Trees inspire <br />strong emotional reactions in the people who live, work and recreate under their <br />branches. Strong emotions coupled with competing interests often result in a trip to the <br />lawyer's office. Sooner or later one of your clients will have a legal dilemma involving a <br />tree. The purpose of this article is to provide you with a framework to analyze the <br />problem. <br /> <br />The primary legal questions involve issues of nuisance, negligence, and trespass. But <br />the analysis starts by identifying: Whose tree is it? <br /> <br />In general, the location of the tree trunk determines who owns the tree. A tree that <br />stands solely on your client's property belongs to your client. Disputes arise when trees <br />straddle a boundary line or when the branches of your client's tree encroach onto the <br />neighbor's property. Jurisdictions differ on boundary trees. In some states, trees <br />standing along a boundary line are the common property of the neighbors on either side <br />of the boundary, and neither neighbor can remove the tree without the consent of the <br />other. Th is includes the tree that starts out in one yard and grows into the boundary of <br />the neighbor's yard.