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Tennessee tree owners' rights and responsibilities come to light after storm

Tree down
Posted at 6:29 PM, Mar 08, 2023
and last updated 2023-03-10 20:03:14-05

NASHVILLE, Tenn. (WTVF) — Some people are still without power after last Friday's storm, and trees are to blame for a lot of the problems.

Thousands of them were taken out by strong winds, which caused them to fall on homes, cars, and of course power lines.

Many people are wondering who is responsible for the tree and the damage.

Wes Hopper has been an arborist for 40 years and says state law indicates you must show due diligence you take care of your trees to the best of your ability.

He said there are two terms used to describe them, a boundary line tree.

"Where the property line passes through any portion of the trunk of the tree," said Hopper, who is also a Tennessee Urban Forestry council member.

Sometimes the trunk of the tree grows can grow on two properties, which means both homeowners are responsible for it. "If you wanted to remove that tree it would take the permission of both parties," Hopper said.

Hopper said also the borderline tree. If the trunk is entirely on your property, so it's your responsibility but if any portion of the canopy hangs over the adjacent property that owner does have the right to trim the tree back.

There’s a stipulation.

"If by accident or by intentional purposed caused the tree to be severely imbalanced where it causes a threat to the tree owner, then he can be held liable for what he’s done to that tree," Hopper said.

Hopper also gives an example of if your neighbor dismisses your concern.

"If they don’t want to comply then you're going to call an arborist. They’re going to write a letter and they’re going to send it to you through my attorney and I'm going to insist this tree be taken care of and you’re not showing due diligence," Hopper said.

Hopper thinks talking with your neighbor could solve the issue, but if that doesn’t work document everything in case it ends up in court or for insurance purposes.

Hopper put together a webinar on what Tennessee law states online.

Friday's heavy winds also brought out a lot of good. The owner of Life and Limb Tree Care in East Nashville cut and removed trees for free in his community on Saturday.

"No big risky moves because trees are extremely dangerous and all it takes is one wrong cut and that tree moves fast when there’s a lot of pressure on it," Life and Limb Tree Care owner Kyle Crossland said.

Kyle wanted to give back to his community. He said homeowners should take the health of their trees seriously. Kyle only offered his service for free that day.

If you need help removing a tree now, you can contact him for pricing.


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