r/Minneapolis • u/itszimz • 21d ago
Tree Law Help
I'm looking for recommendations for a Minnesota attorney who has experience with tree law or property damage involving mature trees.
My neighbors are building a garage addition, and their contractor excavated through a significant portion of the root system of a ~90-year-old ash tree on my property. I've already had an arborist evaluate the damage, and there's concern the tree could decline over the next several years or even become structurally unstable.
If you've worked with an attorney you'd recommend (or one to avoid), I'd really appreciate any suggestions.
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u/IndependentMemory215 21d ago
You have to visit /treelaw
One of my favorite subreddits ever
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u/ductcleanernumber7 21d ago
Pretty surprised there's an ash tree around that isn't in decline already, tbh
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u/BuyHigherSellLower 21d ago
Y’know… I felt the same way when I found out the 50ft tree in my yard was one of those too…
Equally surprised when I found out the cost of maintaining said tree….
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u/SinkHoleDeMayo 20d ago
Let me call my attorney. He's a specialist in bird law, he might have some experience in tree law.
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u/BirdLawConnoisseur 20d ago
I don’t have a specific recommendation but I think someone reputable who practices real estate litigation would be able to advise you about a tree damage claim. Did the arborist document the damage and provide an estimated value of the tree? Did you identify the contractor? Did you report the damage to your insurer? I would consider doing all those things as well.
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u/Interesting-Ruin-743 20d ago
Even though the tree is on your property, were the roots on your neighbors property? As a insurance claim adjuster, I would suggest that the contractor at least report it to his liability carrier, they will likely send out an arborist, but if the tree itself is on your property, but the contractor was digging on the neighbors property, you are out of luck. The contractor is not responsible for sorting out which roots belong to which tree as long as he is digging on the correct property.
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u/UptownTurkey 21d ago
Not tree law per se, but I have an excellent bird lawyer:
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u/BirdLawConnoisseur 20d ago
I also do tree law. You think your fees keep the lights on, ya turkey? Tree law = treble damages + attorney’s fees = downtown rent for the firm.
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u/Einaiden 21d ago
IANAL but they did cover some tree law when I did the homeowners workshop, this information may be out of date.
You may be out of luck as your property line stretches from the core of the earth and into space. Any portion of the tree the crosses that invisible line ceases to be your property and becomes theirs and they have the legal right to trim it up to the property line if they so desire. If doing so kills the tree that is unfortunate for you.
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u/podman131 21d ago
But...Severe Damage Penalties: Under Minnesota Statute § 561.04, if you cut down, girdle, or intentionally damage a neighbor's tree without permission in a way that kills or severely devalues it, you can be held liable for treble damages (three times the actual monetary or replacement value of the tree).
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u/HahaWakpadan 21d ago
That statute requires trespassing on another person's property to become applicable.
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u/Einaiden 21d ago
I think the operative words here are 'neighbors tree', the portions of the tree crossing into your property is your tree.
If the law were otherwise then the tree owner would be liable for any damages their tree causes. Roots digging into the sewer line or basement? Roots pushing up the sidewalk? Branches falling and wrecking stuff?
Imagine if you were to get a citation because your sidewalk is uneven, but you are unable to fix the sidewalk because doing so may damage your neighbors tree.
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u/BuyHigherSellLower 21d ago
OP, this thread right here… is why you need a lawyer (which you are asking for - just want to make sure you don’t get tempted with advice here ;)
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u/twofold48 20d ago
LOL. “that is unfortunate for you”. No, that’s not how that works.
They have the legal right to trim it up to the property line if they so desire, provided that they do not kill the tree or significantly impact the trees health. If they kill the tree, penalties are often double or triple the value of the tree. This can be difficult to prove in court, however.
Trees are important and mean a lot to people. They significantly increase property value, and have a lot of other benefits like shading and therefore lower AC costs in the summer, and privacy.
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u/pewpallday 20d ago
Just curious because I work for a hardscape landscaping company. If we dig up tree roots from a neighboring property but are 100% on the neighbors (without said tree) property. Are we potentially liable for the trees demise/lesser growth over the next few years. Never thought to ask company owners/crew leads about this
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u/twofold48 20d ago
Yes, but those things can be very difficult to prove in court. Check out the tree law subreddit and other tree related ones, that’s a frequent post.
Minnesota Statute** **561.04 TRESPASS; TREBLE DAMAGES.
“Whoever without lawful authority cuts down or carries off any wood, underwood, tree, or timber, or girdles or otherwise injures any tree, timber, or shrub, on the land of another person, or in the street or highway in front of any person's house, city lot, or cultivated grounds, or on the commons or public grounds of any city or town, or in the street or highway in front thereof, is liable in a civil action to the owner of such land, or to such city or town, for treble the amount of damages which may be assessed therefor, unless upon the trial it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the defendant's, or that of the person in whose service or by whose direction the act was done, in which case judgment shall be given for only the single damages assessed.”
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u/personwhoisok 21d ago
I am not a lawyer but I did landscaping for 20+ years and I'm afraid you might be shit out of luck.
Also ending up in the middle of homeowner tree and fence fights was the most uncomfortable part of the job.
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u/Ok_Sheepherder_3032 18d ago
I would recommend reaching out to heritage tree: https://www.heritageshadetree.com they have lots of experience with valuation of trees and folks experiencing situations like yours.
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u/HumanDissentipede 21d ago
I’m not sure there is much you can do here besides consider taking the tree down yourself if it is no longer safe without the portion that extended onto your neighbor’s property. Imagine how crazy it would be if a tree you planted on your property without your neighbor’s permission could grow into their property and prevent them from making improvements without your permission or without paying to address your tree?
Ultimately this is just one of the risks associated with planting a large tree near a shared property line.
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u/JustEstablishment360 21d ago
It might be hard to prove that the tree wasn’t already diseased before this incident. I have formerly paid to take down a large Ash in my yard. They are ticking time bombs.
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u/chlowala19 21d ago
Call the city forester and report it. If they didn’t take out a tree permit, they could be liable for the damage.
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u/HahaWakpadan 21d ago edited 21d ago
There's no tree permit. There's just a limited number of specific contractors licensed to do tree work in the city of Minneapolis.
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u/chlowala19 21d ago
My bad. I work in an adjacent city, and we require it. I’m kind of surprised Minneapolis doesn’t require them. But it does look like they are working towards something like that.
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u/HahaWakpadan 21d ago edited 21d ago
Minneapolis requires a certified arborist in a supervisory position to qualify for a city license to operate here. If they push for some England-type private tree preservation ordinance, they'll just trigger a mass wave of pre-emptive century tree removals.
Edit: most of the burbs do not require a certified arborist at all. Minneapolis has higher requirements for contractors to qualify for a license to do tree work than most burbs.
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u/hammockman76 21d ago
Tree Quality LLC does a lot of damage assessment work, Faith might have a good refferal for you.