Lakewood Village Property Owners Association is responsible for tree and shrub maintenance on common grounds. However, this does not include branches that hang over the property line. The homeowner is responsible for cutting back any branches that hang over the common ground line into or across their property line. This includes branches that hang over roofs or decks. LVPOA would be responsible for removal of a tree or shrub if it poses an immediate hazard to a homeowner’s property. Following is an excerpt from the Missouri laws on property lines:
Trees Along Property Lines
Property owners not only own the land under their feet, but also the airspace above their land. When a neighbor's tree limbs reach across your land, you can trim them back to the property line. The same rule applies to tree roots.
But be careful. A Missouri court has held that no damage claims are allowed when those branches and roots damage your property unless the tree was damaged, diseased, or destroyed. But if your trimming activities accidently damage the health of your neighbor's tree, you could owe them three times the replacement value of the tree!
You may cut limbs back to the property line at your expense. If you want the limb or limbs cut back to the main trunk we would ask that you contact a board member before doing this. It is usually better for the health of the tree to do this. Board members are more than willing to work with our residents.