The owners of real estate situated in municipalities abutting upon public streets and avenues in the municipality shall have, subject to the lawful supervision of the municipality over its streets, such title to and right to property in
1. Growing trees situated in front of such real estate, but within the boundary line of the streets and avenues, and within the curb line; or
2. Parking and ornamental shrubbery planted and cultivated within the curb line of the streets and avenues;
so as to enable the owners, in case of wrongful injury or destruction of the trees, shrubbery or parking, to recover from the person or corporation causing the injury or destruction the full damages which the abutting property in front of which they are situated may sustain by reason thereof, notwithstanding the fee title to the land in such streets and avenues may not be in the owner of the abutting property. The abutting property owners shall also have, subject to the limitations provided in this section, the right of action in any court of competent jurisdiction to enjoin wrongful injury to or destruction of the trees, shrubbery or parking. The necessary trimming of such trees or shrubbery to permit the proper stringing and passage of utility and other wires shall not be considered as a wrongful injury. Nothing in this section shall deprive the municipal governing body of the ordinary supervision of its streets, or of the right to direct, by proper ordinance, the manner of planting or cultivating such trees, shrubbery or parking, on the part of the street where they shall be so planted and cultivated, and from exercising reasonable supervision of the same, and causing them to be trimmed and grown in such manner as not to interfere with public travel upon the streets and sidewalks or other public use.
Laws 1977, c. 256, § 36-106, eff. July 1, 1978.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.