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Minnesota State Law Library

Neighbor Law

Tree Ownership: Basic Rule

According to the NOLO resource Neighbor Law,

The location of a tree’s trunk usually determines who owns the tree. If a tree’s trunk is entirely on one person’s property, that person owns the tree, even if the roots spread under a neighbor’s land or the branches hang over it. When a tree trunk straddles a boundary line, the common rule is that it belongs to all the owners of the properties.

Source:   Doskow, Emily, and Lina Guillen. 2020. “CHAPTER 6: Boundary Trees.” Neighbor Law, 3–110.

Suing for Tree Damages

Minn. Stat. 561.04  Whoever without lawful authority cuts down or carries off any wood, under wood, 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.

Source:  Office of the Revisor of Statutes

Tree Damages

"The basic rule is this:  Someone who cuts down, removes, or hurts a tree without permission owes the tree's owner money to compensate for the harm done.  The owner can sue to enforce that right."

Source: Doskow, Emily, and Lina Guillen. 2020. “CHAPTER 3: When a Tree Is Injured or Destroyed.” Neighbor Law, July, 43–63.  

 

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