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[OPINION] Chop Down Current Tree Law

In the wake of last month’s storms — Isaias and an unnamed one that caused massive damage — many Westporters learned that if a neighbor’s tree lands on your property (or house), and you have not warned him or her about the danger, you are responsible for removing it.

And for repairing any damage on your property.

Alert — and concerned — “06880” reader Marliese Aguele writes:

The law that requires a neighbor to remove and pay for a fallen tree is most unfair. It puts the burden and expense on somebody else.

No more free rides. I wanat the law be changed immediately. Owners make no effort to pay, or offer any help. This is unacceptable to a neighbor, who takes care by trimming his own trees.

Because residents know they are not liable to pay for the removal of their fallen trees on the neighbor’s property, they have no incentive to take care of them.

Falling trees do not respect property lines.(Photo/John Kantor)

I have had personal experience. A friend lives in a small house near the beach, with a neighbor located on an elevated property behind him. She has refused for over 20 years to trim her tree. It gets larger every year. He is struggling financially. He constantly worries that should the huge tree fall, his house and cars will be destroyed, and maybe the lives of his family.

A property owner must be responsible to trim his trees regularly to avoid unfair arboreal problems, making it easier for the town to deal with overgrown branches entangled in communication and electric power lines, incurring major expenses to the town and heavy losses to its citizens.

With predictions of more frequent storms in the future, it is in the best interest for citizens to do their share, helping with an already stressed town budget.

I have decided, at great expense, to have several tall trees removed. I can no longer live with the fear, and alone, worrying if my trees should fall and destroy my home, or were to fall on a neighbor’s house.

It is time to change the law. Someone who owns a tree should be responsible for removing the debris, and pay for all damage caused to a neighbor’s property.

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