Also, trees on private property can be removed by the Urban Forester.

Hawaii Rule. Like ice cream, there are many flavors of encroachment law theories. The law of encroaching overhanging trees runs a continuum from total self-help to the exclusion of any judicial remedy (the “ Massachusetts Rule ”) which we discussed yesterday – to tree owner liability (the “Hawaii Rule”), with many variations in between.

If the law of encroachment were at Baskin Robbins, the Massachusetts Rule would be chocolate ice cream, and the Hawaii Rule. Mar 14, The law provides the following relief: A de minimis discrepancy is not considered an encroachment or a basis for a zoning violation The encroachment cannot be the basis for an adverse possession claim.

Responsibility for maintenance and repair of an improvement causing the encroachment is on the. Aug 02, Apply for Exceptional Tree Crown and/or Root Pruning; Photo Gallery; ACT – The Exceptional Tree Act. Inthe Hawai'i State Legislature found that rapid development had led to the destruction of many of the State's exceptional trees and passed Act - The Exceptional Tree Act. The Act recognizes that trees are valuable for their beauty and they perform crucial ecological summer pruning cherry trees. to confer certain functions to the counties and enact general laws.

The legislature granted counties authority to enact general laws in these specific areas related to tree regulation: 1. Powers of the County. Chapter 46, Hawai´i Revised Statutes (HRS), describes provisions common to all counties in Hawai´i. Jul 24, the prevailing law in Hawaii, and elsewhere, is that if a neighbor's tree overhangs into your yard, you have the right to trim the tree up to the property.

Any damage incurred from non removal (as in damage to structures damages due to leaves and branches that cause injury etc.) will be the responsibility of the owner of the treeclearing.barted Reading Time: 9 mins.

Mar 10, Burns, currently an adjunct professor at the University of Hawaii William S. Richardson School of Law, argues otherwise, pointing to this statement in the opinion: “;However, we also hold that a landowner may always, at his own expense, cut away only to his property line above or below the surface of the ground any part of the adjoining owner's trees or other plant life.”.

Hawaii Revised Statutes – Control of albizia trees on private property. [ ] Control of albizia trees on private property. (a) An owner of real property or the owner’s agent shall be authorized to enter vacant real property that is privately owned and directly adjacent to the entering owner’s property to control one or more albizia trees located on the adjacent property; provided that the entering owner.