My neighbor claims my big tree which sits right up against our fence is causing damage to her fence but it doe

Question

does not appear to be causing any damage to me and we had some branches cut away from the fence so that it would not put so much pressure on the fence but she is still talking like she wants me to cut my tree down and it is a huge tree. I did not plant the tree there, it was already there when I bought the house but it does provide shade to that side of the house. Can she legally on her side have someone cut my tree from over my side of the yard which might be possible but is it legal. I want to keep this tree and not have her cut it down.

Answer 1

She can trim back any portion of the tree that is over on her property.

This might lead to the plant being killed.  It happened with a vine I had.  The neighbor didn't like it growing through the fence on his side so he either pruned it or poisoned it and it died on my side of the fence.

I couldn't do anything about it because he was within his rights.  Besdies, I don't think he did it on purpose.  

Answer 2

It's been known to happen.  However it's a shame that people can't come together about such things.  If there's no damage being done to her fence, then I don't understand why she wants some or all of the tree removed.  The only thing I can think of, is your neighbor doesn't want the tree on her side of her fence.

She has the right to make a formal complaint about your tree.  At that point, someone will come and do an assessment about the situation.

Person doing the assesment will make the determination if the tree is a problem regarding your neighbor.

He could say that the tree should be trimmed on her side of the fence, but the rest of the tree remains.  What ever he/she determines is legal.

Her complaint would have to be submitted to the city.  Not just any tree company she picks out of the yellow pages.

If you have had the tree trimmed already and she's still complaining, then that tells me, she conciders your tree a nuisence for one reason or another.  

I wouldn't bother discussing your tree with her any more.  You're not going to change her mind.  If you see someone trimming your tree before talking to you, then you know it's not a city order.  Then go out and put a hault to the trimming.

Answer 3

It is not legal, and she would need to get a court order to cut the tree.  Be reasonable with her, and offer to trim the branches on her side...after all, in the fall, you probably don't go over and collect the leaves off of her lawn.