Page 51 - Southington Magazine Holiday 2019
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knowingly violates this law is subject to paying the injured party three times the reasonable value of any tree destroyed without permission, or five times the tree’s reasonable value if the tree was intended for sale or use as a Christmas tree. If a court believes that the party in violation of the statute committed the violation unknowingly or by mistake, the offending party will have to pay no more than the reasonable value of the tree.
Before deciding to cut a tree near a property line, address the project with your neighbor. Obtain written permission from your neighbor to cut the tree if the tree belongs to your neighbor or if there is any question surrounding the tree’s ownership. Proactively reaching an agreement may help avoid a costly legal battle. However, like most legal scenarios, every tree liability case involves details that need to be analyzed to determine liability. Therefore, this article is not intended as legal advice. Before cutting or trimming a tree that may not be yours, or after suffering damage or injury due to someone else’s tree, it is best to consult an attorney for specific direction.
Paul Bedard is a partner at Sheffy, Mazzaccaro,
DePaolo & DeNigris, LLP, and the Assistant Town Attorney for the Town of Southington. Paul’s areas of practice include but are not limited to probate, real estate, and personal injury litigation. Paul is a nearly lifelong resident of Southington and has volunteered for local boards, including the Southington Zoning Board of Appeals and the Central Connecticut Regional Planning Agency. Paul currently serves as the President of the Board of Directors of the Southington-Cheshire Community YMCA. When not practicing law, Paul enjoys attending and supporting his daughters’ youth sports activities or otherwise traveling and spending time with his family. Paul can be reached at pbedard@smddlaw.com or (860) 620-9460 x109.
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