Is it true that any tree limbs that are hanging over your fence line you can cut down if you want to.?

Question

They are dead and falling into my yard, I am concerned that they will fall on someone.

Answer 1

You are a nice person to be so concerned about branches falling and hurting someone. Surely you could talk to the trees owner and seek a remedy both you and they can agree on.

Answer 2

TriDad's answer is almost correct, however if, say, your neighbor's tree limb is hanging over your property, this is not considered encroachment UNLESS you've taken it to court and provided proof that you've tried to amicably resolve this with your neighbor; now, if they are dead and they are falling in your yard, then you have cause to raise concern with you HOA (if one), and of course, to your local law agency.

Some neighbors are not nice neighbors, but you still must show an attempt to solve this peacefully. Have another neighbor be in your presence when you discuss this with your neighbor. This way you'll have an unbiased account of the events, in either direction they take.

Answer 3

You can cut down limbs that go into your property line, but keep in mind that if you kill the tree, you can be held liable. Take lots of photos and be ready to back up your concerns. Inform your neighbor and ask if he/she is willing to split the costs of having them removed.

Best of luck.

Answer 4

Just so you'll know, if your driveway is on another's property, it is an encroachment per se. It needs no imprimatur by a court to make it so. Neighbors' tree branches that overhang onto you property are encroaching. You would need a court to declare something a nuisance, tho.

Answer 5

Anything on or above your property is called an encroachment; unless it is specified on your deed (which trees usually are not) you may trim what is over the property line, (though good neighbor relations would say to tell them you are going to and ask for how they would best work wtih you on it)

Answer 6

Check your local bylaws. In my area I could indeed cut off the part of the branch that reaches into my yard.

Answer 7

yep if the branches are small, but if large and to keep peace with ur neighbours and the health of the tree (nthing like a tree!) get an arborist to do it propery or at least get professional advice

Answer 8

yes you can keep them pruned if they hang into your yard from the neighbors yard i had the same problem and i asked my homeowners insurance and they said yes that basically the airspace above your home is yours too. " to a certain extent of course."

Answer 9

You can cut anything over the property line. Just bundle it up for trash day.

Answer 10

Yes, it is true. But if you want to continue to have a good relationship with your neighbor you will inform them or discuss it with them first as a courtesy.