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LEGAL DEPARTMENT <br />INTEROFFICE MEMORANDUM <br />TO: JOHN OXIAN <br />HISTORIC PRESERVATION <br />FROM: THOMAS L. BODNAR::%W7 <br />DEPUTY CITY ATTORNEY <br />RE: TREES <br />DATE: April 19, 2001 <br />Common law in Indiana is that the individual has a right to trim tree branches which lean <br />over onto his or her property, even though the tree is planted in a different yard. The exceptions to this <br />are if the action is taken maliciously or is done in such a manner that it causes permanent damage to the <br />tree. Permanent damage usually means causing the tree to die or become infected. Shortening the <br />branches to the extent they are over the property of the person doing the clipping is not considered a <br />tort. Given this property right to trim branches above the ground on your side of the property, what I <br />see as a problem here is the lack of notice to Mr. Phillips when his neighbor's house was designated an <br />historic property. <br />One other point for future reference, I feel comfortable dealing with trees, as they are <br />specifically mentioned in the original ordinance, while flower beds and bushes are not specifically <br />mentioned. Have we ever adopted standards for dealing with trees? <br />HAWPDATA\TLB\HPC\oxian Mem.frm <br />