Who owns the tree near the property line?
Generally, where the trunk emerges establishes who owns it. If the trunk is split between the two properties, it is usually determined the tree is co-owned, even if only 10 percent of the tree is on one of the properties. In that instance, damage to the tree would have to be negotiated between the two owners, or a court order finding the tree a nuisance would need to be obtained. Q. How does one determine the value of a tree? A. Trees have value in their own right, add or subtract to the overall value of a property, and some carry emotional attachments to them. Emotional damage is the most difficult to prove in court. An appraiser can determine the value of a property after a tree is damaged, and may even find the property’s value has increased, not decreased. Placing a value on a tree can be done in several ways. Samnik said the strongest argument comes from finding a similar tree for sale somewhere. For older trees, a value may be determined by measuring a tree’s trunk and then deter
