Existing law establishes certain causes of action and proceedings in certain civil cases concerning real property. (Chapter 40 of NRS) Section 1 of this bill authorizes an owner of residential property to trim any branches of a tree located on an adjacent residential property which extend into his or her property back to the property line of the property. Section 1 makes the owner of the tree civilly liable for the costs of trimming the branches if the owner of the tree failed to trim the branches within a reasonable time after having been provided with written notice. Section 1 also authorizes an owner of residential property to enter upon or cause entry to be made upon an adjacent residential property where a tree is located and remove the tree if: (1) any part of the trunk of the tree or any branches of the tree which cannot safely be trimmed extend into his or her property; and (2) the owner of the tree fails to remove the tree within a reasonable time after having been provided with written notice. Section 1 makes the owner of the tree civilly liable for the reasonable costs of removing the tree under such circumstances. Existing law provides, in general, that a person who cuts down or otherwise injures any tree on the land of another person is liable to the owner of the land for treble damages. (NRS 40.160) Section 2 of this bill exempts an owner of residential property who acts in accordance with section 1 from the applicability of those provisions. Existing law makes it unlawful for a person to cut, destroy, mutilate, pick or remove any tree from private lands without obtaining a written permit from the owner or occupant or the duly authorized agent of the owner or occupant. (NRS 527.050) Section 3 of this bill revises that prohibition for the purpose of exempting an owner of residential property who acts in accordance with section 1.

Statutes affected:
As Introduced: 40.160, 527.050
BDR: 40.160, 527.050