• dogwood image by rebekah gonzalez from Fotolia.com
  
  "Tree law" represents a bizarrely complex part of the legal system. The laws governing trees are often established in conjunction with other legal precedents, often obscuring the appropriate channel. (For instance, in California, tree law falls under no less than six court designations.) The best way to approach tree law involves understanding the complexity of the issue from the beginning, especially when the problem pertains to the state tree, such as the dogwood tree in Pennsylvania. The dogwood has protection from destruction as the state tree, but it falls under many other laws that deal with tree governance as a whole.
  
  

Trimming the Dogwood

• First ask yourself what you want to do with the dogwood. Destroying the trees without the proper permission is illegal in Pennsylvania, but trimming them is not. Trimming trees makes up an important part of tree ownership, as it not only helps the tree stay healthy but also keeps it aesthetically pleasing. Trimming can become dangerous for the tree if performed by an inexperienced person. You will run into legal complications if you harm the tree.
  
  

Property and Dogwood Branches

• Dogwoods can often enter another person's property. If they do, the owner of that property can trim the tree himself, potentially harming it. Under Jones v. Wagner, 425 Pa. Super. 102, 624 A.2d 166 (1993), the owner of the tree does not bhold any reaponsibility for the damage to the tree. When trying to trim a dogwood, or any tree for that matter, hire a tree service. These technicians know tree law and tree biology, and they will be able to conduct themselves accordingly in regards to the dogwood, thereby securing your legal position and their own. They will not destroy the tree unless you have the proper permits.
  
  

Property and Dogwood Roots

• Under Koresko v. Farley, 2004 Pa. Cmwlth , 844 A. 2d 607 (2004), the roots of the tree are allowed to encroach on an adjoining lot. No preventive measure exists that the owner can take to stop the roots from growing, and therefore tree owners are not liable for the encroachment. If the root proves somehow hazardous (a rare situation for a dogwood), however, the owner can take measures. Contact your local arborist---a registered, certified individual with an extensive amount of training in arboriculture and the constituent legalities---to examine and cut the root.
  
  

Fault of the Owner

• Finally, property law requires consideration with any tree. Pennsylvania considers the tree as owned by whoever possesses the lot in which it is rooted. The most common problem occurs when the branches creep into a neighbor's yard. If the neighbor has a problem with this, the fault lies with the tree's owner. The owner would need to trim back the dogwood, but only to the point where the trimming would not harm it. This rule does not apply to another common complaint: the dispersal of leaves into an adjoining property. No legal recourse exists for the plaintiff, as the culprit is not the property owner but rather the wind itself.