Periodically, a potential client will call about a neighbor’s tree overhanging the property line. The subject has received what can be described as a “prunable” amount of attention from bloggers, legal treatise writers, and courts.*
The Delaware Superior Court revisited (though sidestepped) the issue of tree trimming on property boundaries in Margaret Dayton & Everett Jones v. William Collison, C.A. No. N17C-08-100 CLS (June 22, 2020) (beginning on page 22 of the opinion). In deciding whether the defendant destroyed plaintiffs’ property, the Court held that the tree trimming company was not the defendant’s agent, but was an independent contractor. The Court held that the defendant did not control the work of the tree trimmer, but rather instructed that they trim the branches hanging over the defendant’s driveway, and specifically instructed the tree trimmer not to go onto the plaintiffs’ property. The plaintiff’s expert testified that the manner in which the maple tree was trimmed caused $4,890 in damages.
The Collison case instructs property owners to hire a professional and provide minimal oversight of the tree trimmer’s activities to avoid being vicariously liable for damage to a neighbor’s tree.
*See, e.g., Massachusetts Law about neighbors and trees, available at https://www.mass.gov/info-details/massachusetts-law-about-neighbors-and-trees; Paul Goeringer, Esq., Maryland Risk Management Education Blog, FAQ: Can I Cut My Neighbor’s Tree Back From Our Property Line, April 19, 2017, available at http://agrisk.umd.edu/blog/frequently-asked-questions-can-i-cut-my-neighbors-tree-back-from-our-property-line?rq=trees;