In the state of Colorado, trees are legally classified into two distinct categories: Encroaching Trees and Boundary Trees. This terminology is important when it comes to tree disputes between neighbors.

In your case, the tree you're referring to appears to fall into the category of Encroaching Trees, unless it was intentionally planted to mark the border between the two properties, in which case it would be considered a Boundary Tree.

An Encroaching Tree is one that spreads across property lines without the consent of the neighboring property owner. In Colorado, these encroaching trees are often viewed as nuisances that the tree owner is obliged to remedy.

To legally categorize a tree as a nuisance, four specific conditions or elements need to be demonstrated and proven:

1. The tree's condition naturally inclines to pose a danger and inflict harm on individuals or property. This could be due to the tree's health, position, or even the potential for falling branches or debris for example.

2. The risk created by the tree's condition is ongoing and not just a one-time event. That is, a persistent threat that could potentially lead to harm.

3. The placement of the tree is deemed unreasonable or violates legal standards for land use. For example, a tree planted too close to a property line or in a manner that blocks a neighbor's view or ingress/egress could be considered unreasonable.

4. The nuisance created by the tree is the direct cause of the plaintiff's damages or injuries. This could include physical harm, property damage, or even less tangible harms like a reduction in property value due to the tree's intrusion.

Apart from the nuisance law, a tree owner may also face liability based on theories of trespass and negligence. Trespass liability may arise when a tree encroaches onto a neighboring property, causing damage. Negligence, on the other hand, might be relevant if the tree owner fails to maintain the tree properly, leading to preventable harm.

We have experience handling tree issues between neighbors. We would be interested in understanding more about your injury. If you would like a free case assessment, please contact us at (303) 688-0944. Please request a case assessment with attorney David Hannum, who has handled this type of case.