Property Ownership

A Vermont property owner plants trees that, over 20 years, completely overhang the neighbor's property. Under Vermont law, the neighbor may:

ATake ownership of the trees because they are on their property

BTrim or cut branches extending over their property line at their own expense✓ Correct

CSue the tree owner for trespass and have all trees removed

DDo nothing, as natural growth encroachments are legally permitted

Explanation

Under Vermont common law, a property owner may trim branches and roots of neighboring trees that encroach over or under their property line, up to the property line, at their own expense. They cannot generally force removal of the entire tree.

People Also Study

Key Terms to Know

Chain of Title

The sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Tenancy in Common

Co-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).