cutting over hanging tree limbs back to property line is it legal?

Question

neighbor refuses to cut tree limb and busches that over hang property line and bushes that block my driveway. they say they will sue if i cut them to property line . can i legally cut them back

Answer 1

Call your city hall and ask to speak to the city attorney. Ask him what the ordinance is ragarding this situation. If you don't live in the city, call your county courthouse and ask for the county commissioner. Usually if it hangs on your side of the property line, you can cut it, but is it worth going to court and having hard feeling with your neighbors?

Answer 2

Anyone can bring a lawsuit against you. However that doesn't mean they will win.

If a neighbor has anything that is encroaching on your property, you have a right to have it removed. The only situation where you might have difficulty is if you knowingly allow the the encroachement to remain without objection for an extended period of time. That's where the legal grey area comes in.

Otherwise I would start cutting.

Answer 3

The law is that you have every right to cut back limbs that overhang your property, as long as it would not kill the tree in the process.

Also, did you know that if your neighbour plants a hedge, he must maintain it at no higher than 6 feet? You are allowed to cut anything higher than that, because it encroaches on your rights to sunlight.

I would first go on the Public Works website for your area, and see if you can get a printout of the laws governing maintenance of hedges and overhanging tree limbs. Then mail your neighbour a copy. You can also report your neighbour as not willing to maintain his property to municipal standards. There ARE laws governing this that we are all supposed to live by!

Answer 4

I live in San Diego, CA and it is the responsibility of the neighbor to keep his stuff on his property, if not, YES you can cut , trim , slice and dice, whatever.. the parts on your side, but your neighbor should really have to take care of this pay and removal, but if he's a jerk, he probably won't. I am not sure if each state or county has there own rules, you might want to call your local ?? County office??. or maybe a licensed tree service might be able to help you, since I am sure that this issue comes up alot.. Good luck

Answer 5

Yes you are responsible for tree limbs hanging over. As far as what has now occured your neighbor may hand you the bill. Saying you were to trim them and never did so they took matters into their hands to protect their property. You could possibably reason with them and see if they are now willing to share costs, since they did not notify you of what was to be done.

Answer 6

I would tell your neighbor FINE, I will just sue you when YOUR tree limbs scratch my car or fall into my yard, or cause an accident trying to get out of my driveway..... Then I would cut the dang limbs on my side just enough that they are out of your way. Good luck!- Bad neighbors are a real pain in the ...

Answer 7

yes in most places the limbs on your property are up for grabs. if an apple tree hangs over your fence you are able to eat the apples. check with your local authority's, (city hall) and they can tell you what you are able to do legally.

Answer 8

Hi there, I would get written permission from the city before going about it. If you went to court that would be more money out of your pocket. At least this way you have permission for under $100 (probably) and you can cut away without your neighbor squawking. =) Good luck!

Answer 9

Probably yes. Check your local ordinances at the police station, but you likely can cut anything that intrudes on your property or egress.

Answer 10

the best thing, is to seek legal advise from a lawyer and also check with your neighbors around this persons property to see if they have had any conflict with these individuals.