Connecticut's House Bill 7138, introduced on March 4, 2025, is poised to reshape property owner liability regarding fallen trees and limbs. The proposed legislation establishes a presumption of liability for property owners whose trees cause damage to neighboring properties, provided certain conditions are met.

Under the bill, if a tree or limb from a private property falls onto an adjoining property, the owner of the tree will be responsible for the removal costs if an arborist has previously documented the tree's poor condition. This includes instances where the tree was deemed diseased, decayed, or damaged and likely to fall within five years. Additionally, the adjoining property owner must have notified the tree owner in writing, requesting action to remedy the situation.

The bill has sparked significant debate among lawmakers and property rights advocates. Proponents argue that it encourages property owners to maintain their trees and protects neighbors from unexpected financial burdens. Critics, however, raise concerns about the potential for increased litigation and the fairness of presuming liability without considering other factors, such as natural disasters or unforeseen circumstances.

If passed, House Bill 7138 could have far-reaching implications for property owners across Connecticut, potentially leading to a shift in how tree maintenance is approached. Experts suggest that the bill may encourage more proactive tree care, ultimately enhancing community safety and reducing disputes between neighbors. As the bill moves through the legislative process, its final form and impact on property law remain to be seen.