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Jul 02, In order to be held liable either as the sole owner of a tree or shared owner of a tree, the owner must have actual or constructive knowledge that the tree presents such a situation (ex.
diseased, dying, dead) that the owner of the tree must deal with it, either by treating, trimming, or removing the tree. In an urban setting, the property owner has a much higher standard and is expected to know about all visible signs that could indicate with any given tree on the property. Jul 07, Iowa follows the common law or “Massachusetts Rule.” Thus, a landowner may trim a neighbor’s trees branches from his own side of the fence line. He may also dig up roots from his neighbors trees if they cross onto his property.
The remedy, however, is limited to self-help. Harndon v. Stultz, N.W. (Iowa ). Kansas, on the other hand, follows the Hawaii approach. Timber buyers in Iowa are required by law to have an application and a surety bond on file with the Iowa DNR before cutting any trees.
This law also requires all timber buyers to renew their application by January 1 of each year. Instructions for completing application Application for Bond.