Robert C. White - April 2024

Branch Boundaries The Rules on Trimming Branches From a Neighbor’s Tree

7 GOLDEN RULES

For a Streamlined Living Space

We accumulate a lot of stuff as we go through life, and it can pile up quickly. For practical and safety reasons, it’s good to reduce the clutter. If you aren’t sure what to keep, try following these seven rules for decluttering your home. 1. The House Fire Rule: If you’re organizing your belongings and unsure if you should throw something away, ask yourself, “If it burned away in a fire, would I care?” If you wouldn’t mind, you probably wouldn’t mind throwing it out. 2. The 20/20 Rule: Many people keep too much stuff “just in case” they might need it later. Consider giving away the things that cost under $20 and would take less than 20 minutes to replace. 3. The Box Rule: If you’re going through your stuff and feel overwhelmed, put it all in a box and store it in your garage or basement. After six months, scan the box and donate everything you don’t need. 4. The Investment Rule: Memories are more important than objects. A trip to the movies with a friend is always more fun than a new T-shirt. So, be proactive about decluttering by buying more experiences with loved ones instead of more things.

We’ve all been there. A branch looms over your yard, threatening your property. It can do all sorts of damage if it breaks off from drought or a storm. You’d like to trim it to ensure the safety of your home and garden, but the branch belongs to a neighbor’s tree. What do you do? Who is liable? If the tree hangs over your property, you can trim it to the boundary line. If you cut anywhere past the line, you’re liable for damages. You also must ensure you don’t harm the tree — you may incur damages if you do so. You can accidentally harm a tree in many ways, so it might pay to hire a professional. If you destroy the neighbor’s tree, you may be fined triple its worth. This can amount to thousands of dollars; if it is a heritage, ornamental, or otherwise fancy tree, you may owe tens of thousands. Be careful when trimming, and beware of the tree’s roots when gardening. You should communicate with your neighbors if you have any concerns and ensure they’re informed before you start trimming. What if the branch falls? When the worst happens and a tree falls on your property, who’s liable then? The answer is a little more complicated. The owner isn’t responsible if their tree is alive, even if its branches and roots damage the surrounding houses. You’ll have to pay for any damage that a living tree causes. If the tree is dead, however, the owner is liable and will have to compensate you if their tree falls on your property. It’s not always clear that a tree is dead, though. If a tree shows apparent signs of decay like rot or disease, owners must adhere to a “reasonable care standard” to protect their neighbors. Tree law and liability are nuanced. There are exceptions to almost every rule, varying from state to state. Contact an attorney if you need help navigating the branches of tree law.

5. The Home Rule: Everything you own should have a home. It could be a drawer, a room, or a designated spot on the counter. If it doesn’t have a place in your house and is just being stored, get rid of it. 6. The Other People Rule: When buying something, consider why you’re making the purchase. Is it for you or someone else?

For example, a new phone might have better specs, but is it worth the money? And if you’re buying for someone else, consider if it’s something they really need. 7. The 90% Rule: Love everything you own; only own your favorite things. Whether buying new things or decluttering, only save things that bring you joy at least 90% of the time. Remember, you own your things — they don’t own you. Don’t be afraid to give or throw away what you don’t need. If you follow these rules and declutter your home, you can free yourself from the burden of junk.

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