neighbor tree hangs over my property

When you have a tree near the property line between your yard and the yard of your neighbor, its branches may overhang the adjoining space. And remember to get your actions agreed to in writing to prevent any future conflicts. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. When a tree on your property hangs over the boundary line into another yard, you have a duty to address all weak or damaged branches. A tree with a truck that straddles both properties is a boundary tree and both neighbors are responsible for it. A tree may be planted by neighbors well within the bounds of their property, but over time, some of the branches can extend beyond the property line and into your yard. Below you will find references to areas of Texas law related to trees. Even though the tree is on your neighbor's property line, trimming branches that fall over on your side, such as those coming over a fence, is your responsibility, according to the American Bar Association. Furthermore, some trees are protected under Florida law such as mangrove trees. You may only prune up to the property line and must stay on your property. Second, your neighbor could be held liable for damages, according to FindLaw.Third, if your neighbor doesn’t do anything about it, the tree could be considered a nuisance, and you could file a nuisance claim, FindLaw says. No matter where the branches hang, the tree owner is the person in whose yard the tree trunk resides. They say it is my responsibility to pick up after my tree. The neighbor is always responsible for cleanup of the accumulation of those things. If you do harm the tree, you could be found liable for up to three times the value of the tree. The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive. If the fallen tree or limbs were the fault of a natural occurrence or an Act of God, the property owner is not generally held responsible for the damage. Can You Legally Cut Branches Hanging Over Your Property Line? If the answer to either is "yes," your neighbor might have cause to sue you for hundreds or thousands of dollars for the value of the tree or its restoration despite the fact that you're trimming branches overhanging your own property. Good fences, they say, make good neighbours - although with some neighbours, the higher the better. It is important to note that you are only legally entitled to trim up to the property boundary and no further. You can trim the part of the tree on your side at any time. Is it Legal to Trim a Tree Hanging Over the Fence? So. Don’t grab the axe just yet. © Copyright 2020 Hearst Communications, Inc. While you can trim the branches of a tree that extend onto your property, you may not trespass on your neighbor's property or cause damage to or kill the tree. Even though your neighbor has a right to trim back all branches that extend onto his property so that they're even with the property line, he does not have a right to come onto your property to do so unless you give him permission. If limbs or branches belonging to a neighbor's tree extend over your property line, you are legally allowed to trim the areas hanging over your property. If you find these statutes difficult to understand, please see the Understanding the Law resources below for a "plain English" explanation of these laws. When that's the case, it's important to know your rights and responsibilities regarding the tree and the branches that extend beyond your property. The highways authority can ask you to cut back hedges or trees on your property if they’re causing an obstruction in the road. A professional should also check the tree on the neighbor's land, since you're both paying for him, and prune that side as well. Agree to hire and share the cost of a professional who is qualified to remove branches or roots encroaching into your yard. The neighbours trees are well over the 2 metre threshold and there are several of them. Am I Responsible for the Leaves From My Tree That Fall in My Neighbor's Yard? The owner of a tree is not obliged to clear up fallen leaves. 17-863 (Norfolk Super. If you do damage the tree, your neighbor can sue you for triple the stumpage value of the tree. Likewise, your neighbor has to get your permission to cut the tree back to his property line if pruning the tree will cause … My fear is that one of these limbs will fall while I’m in my garden working and hurt or possibly kill me (or my dog). While this may not be a problem most of the time, the branches on your side of the property line may need trimming for safety issues or simply because they're in the way. You are legally entitled to trim back hedges or branches of overgrown trees or hedges if they fall into your property from a neighbour's property or public area. The location of a tree's trunk determines who owns it. Offer to trim the tree branches so they don't become a nuisance to him. If the neighbor took reasonable care of the tree … Wellesley Conservation Council v. Pereira, Civil No. Can I cut tree branches that hang over into my yard? If limbs or branches belonging to a neighbor's tree extend over your property line, you are legally allowed to trim the areas hanging over your property. Whether you can cut your neighbor’s tree that has branches hanging over your land, the Maryland courts follow the “Hawaiian Rule” whereby the owner of the tree has no obligation to control the growth of the tree or to pay for damage to your property caused by the overhanging limbs. No. As long as he cuts only the parts of the tree that goes over to his own side of the fence, he can do so without having to ask for your permission. She enjoys exploring foreign locales and hiking off the beaten path stateside, snapping pics of wildlife and nature instead of selfies. A tree on your side of the property line is yours, while a tree on the opposite side of the line belongs to your neighbor. The branches of a neighbor’s tree may hang over onto your property. However, utility companies are exempted from this prohibition, under Section 163.3209 of the Florida Statutes. This simple act potentially reduces conflicts and anger between parties, as there will be no "surprise" element of branches cut without the tree owner's knowledge. Our neighbor’s trees may often become troublesome, either because their branches block sunlight, yield unwanted pollen, acorns or leaves, or because they create a risk of injury or property damage. Is it Legal to Trim a Tree Hanging Over the Fence? By law, you have the right to trim branches and limbs that extend past the property line. Kathy Adams is an award-winning journalist and freelance writer who traveled the world handling numerous duties for music artists. Yes, he does. She writes travel and budgeting tips and destination guides for USA Today, Travelocity and ForRent, among others. my neighbor has several trees with dead limbs having over onto my property. If branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. 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