Residential property lines

Question

what is the general law or rule on property lines where a neighbor's tree overhangs into your yard. the tree is a nuisance and i'm tired of cleaning up leaves in the fall that drop into my yard. by the way, the tree is about 30 feet tall and at least half hangs into my yard. who legally has to bear the cost if i want his tree not hanging and making a mess in my yard?

Answer 1

You bear the cost to clear the mess, but you also have the right to prune the branches back to his property line(which will probably kill the tree). You could tell him he needs to clean the mess or you'll do that.

Answer 2

Get an apartment. You have no idea how to live in the suburbs with trees. Bet you enjoy the shade though.

Answer 3

My advice to you is to schedule some time with your neighbor to discuss the situation. Explain what issues you have openly and honestly. Find out what concerns he/she may have with you doing some tree pruning. Maybe you can suggest sharing the cost of hiring a tree professional to come out, assess what can be trimmed and do the work. That way you benefit from a trimmed tree and your neighbor would have peace of mind that the trimming was done properly.

If you go to the police, courts, town officials first, you risk alienating your neighbor and making the situation worse than it really should be.

Lastly, keep in mind that a trimmed back tree can be unsightly and you may have wished you kept it the way it was. Maybe instead of trimming, your neighbor can share in the cost of an annual clean up.

Good luck!

Answer 4

General rule is that you can trim it. Be aware though, that should you kill the tree by "over trimming" you can be held liable for the cost of removing and replacing the tree.

Answer 5

The question of the overhanging trees is usually the first addressed in business law class.

I have put in a link below that is informative.

The first thing you should do is speak to the neighbor.  I know we live in a time where this is not a conventional thing - but it is always the first step - and the first thing an attorney would tell you to do.

What is your proposed solution?

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- Do you want them to cut down the tree?  I hope not. Unless the tree is endangering your property you really can't ask them that

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--Do you want him to come over and rake his leaves?  What about the leaves from yours or other neighbors trees?  Do we need to put ID tags on our leaves so we can tell whose is whose?

Is the tree growing in such a way that you could propose trimming some of the branches on your side?  If you did would it make a big diffrence or is the tree so tall the leaves are going to come over anyway?

I live in neighborhood full of tall trees, all drop leaves (and sometimes branches) in others yards - and I've never heard anyone complain. We are glad to have the shade and the wildlife, and a bit of raking is a small price to pay.

Carefully consider if its worth it to create bad feelings with the neighbors. Anyone who's been through this will tell you the same. You never know when you might need your neighbor.

Best of luck.

Answer 6

Depending on where you are, there should be a city ordinance on this. Check with your city. If you don't know where to call, call the police non-emergency line and tell them you need to make a complaint about your neighbor violating a city ordinance. Where I'm at, if I were in your position I'd have every legal right to chop off any overhanging branch in my yard.

Answer 7

If the roots are on your side, you then have the right to remove the tree. Your property is land, not airspace. So even if the tree overhangs into your property, you can not touch the tree if roots are on the other side of your property line. however, if the tree is blocking, stopping sunlight from entering your house, you can then take action, but you need to go through court first.