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See also CGS Section for damage or unauthorized removal of.

The defendant moved to strike the plaintiffs ' complaint on the ground that Connecticut has not recognized a cause of action between private landowners for damage caused by a falling tree where the tree fell onto private property (as opposed to a public highway). The defendant cited to the Restatement (Second) of Torts, §, which provides that, other than in certain situations involving public. Under this law, whenever the tree warden believes the public safety demands the removal or pruning of a tree or shrub under his control, he may remove or prune it at the municipality ' s expense.

Unless the condition of the tree or shrub constitutes an immediate public hazard, the tree warden must, at least 10 days before the removal or pruning, post a suitable notice on the tree stating his intention to remove. It’s your legal duty to maintain the trees on your property in a way that prevents them from harming a neighbor’s property. According to common law in Connecticut, it’s your legal responsibility to make sure that the trees on your property don’t pose an “unreasonable danger” to others.

That means if you have a tree on your property that’s unhealthy, rotting, or generally unsafe, and is close enough to a neighbor Estimated Reading Time: 3 mins. Research guides prepared by the Connecticut Judicial Branch law librarians: Encroachment by an Adjoining Landowner in Connecticut.

Section 1. Encroachment by vegetation. Section 2. Encroachment by structure. Legislative Reports from the Connecticut Office of Legislative Research: Falling Trees Damaging Others' Property - R Tree Roots. Mar 02, Per Connecticut law (C.G.S. § ) any willful cutting of another’s tree (even one on public land) subjects the offender to liability for three times the reasonable value of the tree. If cut through a mistaken belief that the tree was growing on one’s own land then liability is for the tree’s.

Laws and Regulations Regarding Connecticut Trees. Below are a few of the key state laws pertaining to trees. For the complete listing of laws and regulations relating to trees, please see the Compilation of Connecticut's Tree Laws. Department of Transportation (DOT) CGS Section 13a Removal of trees along state highways.

Penalties. Nov 04, While anyone can cut down or remove fallen trees, the Arborist Law specifies that only arborists licensed by Connecticut can prune or take down tree limbs.

This is according to the precedent set by McCrann v.

Penalties for violating the law. Jun 17, State of Connecticut, (J.D. Litchfield), prompted by a tragic incident in rural northwestern Connecticut. Two members of a family were killed and another injured when a limb from a tree located on state property fell on the car in which they were traveling.

“The tree was visibly rotten and the state was aware” said Attorney Fisher. Feb 15, Trees can be tricky, but for the most part homeowners are responsible for what falls into their own yard. So if a storm causes your neighbor’s tree to fall in your yard, your homeowners insurance could help cover the cost of removing the tree and remedying the damage it caused on your property, after your deductible.

In the alternative, the landowner may seek injunctive relief, together with incidental and consequential damages.

The same is true in reverse: If a tree on your property falls in your. Aug 23, Neighbors Trees and Bushes at Property Lines. One of the most common points of dispute between neighbors comes from the growth of trees, shrubbery, and bushes. The planting of an acorn five feet from a property border may be meaningless in the life of the planter. However, as that tree grows several problems often arise.

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