2006-06-16 09:41:28 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
This explanation is the common way in which the law treats tree responsibilty. Some jurisdictions laws may vary.
You are basically responsible for the health of the tree while it stands. Should disease infest your tree and this disease is the root cause of any property damage done, you probably will be considered neglectful and held finacially responsible. The same goes if the tree was obviously weakened from previous damage and you neglected it.
If any question arises about the condition of the tree with your neighbour, as it realates to its present spread, of course, the neighbourly thing to do would be to discuss the situation with your neighbour and try to amicably tidy up any concerns. In any event, you are not held responsible to trim a healthy tree which you own but overhangs bordering property. You can choose to trim it or leave it.
On the other hand, even though it is your tree, your neighbour has the legal right to take matters into his own hands if the tree branches inconvenience him, and trim your tree right back to the edge of his property line, at his own expense. Without an upfront agreement, you cannot be forced to pay that cost to him.
One caveat however, if your neighbour trims your tree back unnecessarily hard and that trimming causes the tree to die, he is responsible for its death. Prove, in civil court, his actions caused the death of your tree and you would likely receive a judgement in the value of your tree.
2006-06-16 12:37:31 · answer #1 · answered by ½«gumwrapper 5 · 2⤊ 0⤋
Most local ordinances do not make you responsible for the branches on his side. That also means he can do anything he wants to the branches on his side, including cutting them completely off at the property line, no matter how ugly it might look. Even if it kills your tree to do this.
Also, if the tree on your side damages the common fence, you are probably liable for half the repairs.
BTW, you MAY be responsible for repairing damage your tree may do on his side of the property line.
Check out your local ordinances.
2006-06-16 09:49:33 · answer #2 · answered by Vince M 7 · 0⤊ 0⤋
There has to be a reason why you asked this question. If it is due to some type of conflict between the two of you, talk it out. Your neighbor can cut any branch that falls on their property line.
But this doesn't appear to be the issue with your question.
2006-06-16 09:53:11 · answer #3 · answered by Yes & No 3 · 0⤊ 0⤋
yes because the tree extends from your property. you can also be held responsible for any damage caused by the branches.
2006-06-16 16:43:06 · answer #4 · answered by evilprincess 3 · 0⤊ 0⤋
If the tree roots on your property, then you are responsible for the maintenance of the tree and any damages it may cause through lack of attendance on your part.
2006-06-16 09:44:50 · answer #5 · answered by lc 5 · 0⤊ 0⤋
Yes, if the neighbor can prove they are causing them problems. Such as limbs hanging to low, driping sap on the auto parked there.
2006-06-16 09:52:09 · answer #6 · answered by hammerc16 1 · 0⤊ 0⤋
What kind of a neighbor are you? What difference does it make if you are legally responsible? Do you have to be forced to do what is right?
2006-06-16 09:47:10 · answer #7 · answered by pg1955 2 · 0⤊ 1⤋
yes you are. If the tree is on your proprety and the other property owner wants them cut then you have to cut them
2006-06-19 20:55:08 · answer #8 · answered by christy_lee27 2 · 0⤊ 0⤋
If the tree belongs to you, yes.
2006-06-16 09:45:02 · answer #9 · answered by Blue 6 · 0⤊ 0⤋
No. You have to talk to him and tell him to trim his branches because they are polluting your yard.
2006-06-16 09:45:23 · answer #10 · answered by vihlee 4 · 0⤊ 0⤋