MIPOA Trees and Shrubs Policy

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MIPOA’s Tree Responsibility

MIPOA’s responsibility is to protect our land for community enjoyment, keeping it in its natural, open and scenic condition whenever possible.  We understand that sometimes this approach might result in a tree situation that appears unsightly or dangerous to the residents.  This policy is designed to address those situations within the bounds of Connecticut’s tree laws.  To this end, it will help for residents and MIPOA to have a common understanding of Connecticut’s tree laws.  Those laws apply to every landowner.  See below for “Connecticut Tree Law General Information”.

Falling Trees

Long-standing Connecticut law says that trees are a natural condition.  When a tree falls of its own accord or during a storm, it is considered an ‘Act of God’.  As a result, the legal rule is that the owner of the land on which a tree falls is responsible for taking care of removing the tree or handling any damage that may occur.  An exception to this rule is if a landowner takes an action that causes a tree to fall, then they may be responsible for the results.

MIPOA’s primary responsibility is to keep all the MIPOA-owned roads safe and clear from any falling objects.  MIPOA’s Road Manager will routinely conduct site surveys to ensure MIPOA’s responsibility is met.

When power lines are down, please call 911 and report the danger.  For any other situation, please email the Road Manager at “roads@MIPOA.info”.  MIPOA and the Road Manager will respond promptly.  As a last option, you may call the Road Manager at (508) 317-7442.

MIPOA will clear all trees, branches or any objects from the MIPOA roads and property.  As per Connecticut Tree Law, we ask individual residents to clear debris on their property.

MIPOA Damaged Tree & Branches

During routine roadway surveys, the Road Manager may observe conditions that may affect the safety of residents or MIPOA-owned roads. This may include damaged or hazardous trees and branches located on or affecting MIPOA property. When an unsafe condition is identified, MIPOA will take appropriate action to ensure safety, including tree(s) removal.

Residents’ Property Line

If a tree on MIPOA property presents an immediate risk on the MIPOA property, MIPOA will prune or remove the tree as necessary to eliminate the immediate risk.  If a MIPOA-owned tree does not present an immediate risk on the MIPOA property, residents may prune the tree to their property line at their cost with prior approval from MIPOA.  However, if any such pruning, or other actions by the resident, causes a MIPOA-owned tree to die, the homeowner will be responsible to MIPOA for cost of removing the tree plus and the full value of the tree as determined by a licensed arborist hired by MIPOA or using on-line tree value calculator, for example “https://virginiatreecare.com/tree-value-calculator/”

When a resident would like to prune or remove a MIPOA tree adjoining their property, please submit a written request to: “roads@MIPOA.info”.

Trees & Branches Removed for Resident Convenience

When residents want MIPOA’s healthy trees or branches, which are within the boundaries of MIPOA-owned property, removed for their conveniece, the resident must submit a written request to MIPOA at “roads@MIPOA.info”.  This applies to MIPOA-owned trees as well as resident-owned trees overhanging MIPOA-owned property.

MIPOA will contact the neighboring residents for their input and then MIPOA will make a decision.  Typically, if anyone objects, MIPOA will not allow the request.  If all the affected neighbors agree, MIPOA may remove or prune the tree at the resident’s expense.  Such expense will be communicated to the resident before the work commences.

Trees Near the Driveway

Notwithstanding the foregoing, MIFD driveway standards allows trees to be removed up to three (3) feet beyond the outside edge of a MIFD-permitted driveway, if desired by the homeowner, at the homeowner’s expense.  See MIFD Technical Standards for Driveways for more details.

Connecticut Tree Law General Information

In Connecticut, the tree law is governed primarily by centuries of common law (judicial precedents) rather than broad statutory mandates, detailing distinct rights regarding overhanging branches, tree damage, and timber trespass.  This is general information.  Please see the detailed Connecticut, tree law at: “https://www.jud.ct.gov/lawlib/law/trees.htm”

Encroachment and Trimming Rights

·  The Right to "Self-Help":  If a neighbor’s tree branches or roots encroach across your property line, you have the legal right to trim them.

·  Property Line Boundary:  You may only cut limbs up to the vertical plane of your exact property line.  You cannot cross the line or enter your neighbor's property without permission.

·  Tree Health:  Trimming must be executed safely at your own expense. You can be held civilly liable for financial damages if your trimming efforts kill or irreparably damage the tree.  Many local arborists limit branch removals to under 25% of the tree's total annual foliage to protect its health.

Liability for Fallen Trees and Damage

·  Acts of God:  If a healthy tree or branch falls onto an adjacent property due to a storm, wind, or natural event, it is legally deemed an "Act of God".  The owner of the property where the tree lands is responsible for cleanup costs and property damage.  This is typically handled through your own homeowner’s insurance policy.

·  The Private Property Negligence Debate:  While many states shift full financial liability to a tree owner if they ignore formal notice of a dead or dangerous tree, Connecticut courts historically apply a strict common-law rule.  Under cases like Corbin v. HSBC Bank (2016) and Rieffel v. Griffin (2019), Connecticut courts have repeatedly held that private landowners generally have no absolute duty to protect adjoining private landowners from naturally deteriorating trees—even when advance written notice was given.

·  Hazardous Duty Exceptions:  Despite the strict common law, certain scenarios involving clear visual negligence can create civil liabilities.  If a tree was visibly rotted, dead, or diseased, and local town officials or a municipal tree warden formally logged it as a public hazard, a court can rule the failure to remediate as standard negligence.

Boundary Line Trees

·  Co-Ownership:  If a tree's trunk stands directly on or straddles the boundary line between two properties, it is considered a boundary tree.

·  Joint Permission:  Neither neighbor can cut down, clear, or severely alter a boundary tree without receiving explicit consent from the other co-owner.

Timber Trespass

·  Statutory Penalties: Under Connecticut General Statute § 52-560, cutting down, destroying, or carrying away a tree standing on someone else's land without their permission is illegal.

·  Treble Damages:  Violators must pay the tree's owner three times the reasonable value of the tree.  This penalty jumps to five times the value if the tree was explicitly intended for commercial sale or use as a Christmas tree.  If the trespasser can prove it was done by an honest boundary mistake, they are only liable for the baseline reasonable market value.

Shrubs Over the Roads

Any shrubs hanging over the road must be cut back for everyone’s safety.  MIPOA will request that residents cut back overhanging shrubs at their expense to the edge of the road as a minimum, and possibly up to the MIPOA boundary line based on required safety for the vehicles and pedestrians.  When residents do not comply with MIPOA’s request after two notifications, MIPOA may cut the shrubs at MIPOA’s expense.