Who's responsible for cutting down the tree

Question

My neighbour behind me has a giant tree in his backyard that is hanging half way into my yard. I would love to cut the tree down as it blocks all the sunlight and makes a mess of my yard. These are pretty friendly people and I have no intention of causing a problem or asking them to pay. I'm just curious though, is it okay for me to have someone trim it at my expense? If I was to ask them(which I won't) would they be obligated to pay anything? Again, i'm not looking to cause trouble, just curious. Thanks!

Answer 1

Tell your neighbors what your intent is.  They may not have any idea the tree is blocking the sun.  Perhaps they will share the expense.  If you don't tell or ask them anything they may be more offended than if you ask.  What is there to lose?

Since the tree is on their property you should ask them first.  You can certainly cut the parts of the tree back that are over your property.  They are not obligated to cut the tree back because you want it to be cut, though.

Check with your local ordinances or Home Owner's Association if you're stuck with one of those dictatorships.

Answer 2

I believe that anything that is "over" your property is under your control, so, yes, you could trim branches on your side of the line.  They you are left with a big, ugly tree facing your property.

I'd think it would be better if you offer to pay for the whole tree to be removed.  Caution:  expensive.

Answer 3

I have the same problem with my neighbor's mulberry bush. I didn't know they grew this big but the branches reach across to my roof and yard. I just cut off whatever is on my side of the property line. My side of the bush is so thick, they can't see what I'm whacking off. (they're nice and I don't think they mind.) The leaves began to interfere with my satellite dish, so I cut off a really thick tree branch. Worked! No more interference.

Answer 4

Theoretically, the portion that is hanging into your yard is yours to deal with as you please.  However, it would be a shame to trim the tree just on one side.  The entire tree would need to be trimmed.  It isn't the tree's fault that someone planted it too close to the boundary.

If you approach the neighbor with a plan, you can only hope that they will listen and cooperate.  It is their tree and actually their responsibility to keep confined to their property.  But if they refuse, you can certainly have it trimmed to the property line.

Answer 5

ask them nicely , if they would mind if you , could cut the tree ,

back a bit,

it is better to ask , than not at all,

i do know that if , you have a neighbour , who has a bush at the side

of your house, which is also your driveway ,

you are aloud  to cut it back , only to the fence level .

no further than that , without their permission.  

Answer 6

The law says you can cut anything that crosses your property line (and upward from that boundary- to the sky).  

You need at assess what needs to be done. Basically 3 options:

1) The tree is SO big that you are worried about coming down on your house and therefore is safety issue.  See if the neighbor concurs with this, and perhaps will share in the cost of removal.  Perhaps you could offer to have a new smaller tree planted at your own expense if he goes along with this option.

2) The entire tree needs to be 'reduced' by reputable tree company.  Perhaps he will split the costs with you, otherwise, you may have to foot the bill to have this work done ($400-$600)

3) If he refuses to cut the tree down OR reduce the size in order to help you gain some sunlight, you are pretty much stuck with this option.  That is to determine your exact property line and trim upwards until you have a wall of cut tree branch ends.   It won't look pretty, however, it's your only option at this point.  

I see that the law has changed just recently in that if a homeowner installs solar panels BEFORE a neighbor plants a new tree, then the solar panels have precedence to the sunlight (and neighbors are negligent if they allow their trees to block the sun)

Answer 7

You have the right to cut limbs that hang over your property line.  However, you can't do anything that will damage the tree - for example, you can't prune it too extensively and remove too much of the canopy or the tree will be stressed and can die.  And of course, you can't just whack at it haphazardly.  I always recommend having a certified arborist do the work in two-party situations like this - that way you have your rear covered just in case.

In the interest of neighborliness, I would have a friendly chat with them.  They may offer to have it done just to make sure it's done to their satisfaction - you never know.  Otherwise, you're allowed to do it or hire someone to do it.

Answer 8

Not to put a damper on things, local regulations could prohibit pruning the tree even though it hangs over your property. Check locally about your rights and obligations before you do any trimming.