What are my legal rights if a neighbor has a tree in his yard that leans above my roof?

Question

tree is partly dead, and has acorns which fall off and hit my cars causing dents, and may take out my window

Answer 1

Correct... like others have said, any portion of the tree that encroaches onto your property, you have the right to have it removed. I would use this tactic as a last resort, after seeing if you and your neighbor can agree on a pruning strategy that will:

1. Solve the problem, and importantly,
2. Not damage the tree.

Pruning done incorrectly can harm the tree to a degree that can cause it to die and then you'd have much bigger problems.

Consult an arborist to work out a strategy for pruning that will preserve the health of the tree, then hire a reputable tree pruning company to perform the work. If you go it alone, you'll be footing the bill yourself, but if you work with your neighbor, perhaps he will go halves with you? Good luck.

Answer 2

In most states you have the right to remove any potentialy damaging limbs. As in possible roof damage etc. It is however at your expense to take care of what's on your side of the fence so to speak. You must be in a northern climate to have oaks with acorns. The acorns falling aren't likely to break you windows in your vehicle since they have already gained their total speed of fall within a few feet. It doesn't take much to make dents in todays cheaper lighter quality cars though. You can talk to him about your removing any limbs that concern you. Then he doesn't have an excuse for legal ramifications against you. If he's generally a problem on this, have a witness to back you up in your discussion with him.

Answer 3

These laws are different from state to state and sometimes country to county, when i lived in California, a neighbors pomegranate tree that leaned over the fence was mine by rights. When i moved to Oregon and cut a hanging apple tree i found myself on the wrong side of the law, for damaging a neighbors property. Look up the actual law for your area, odds are every ones answer will be specific to their home and not yours.

Answer 4

Any part of the tree which crosses the property line is yours. If the limb offends you, cut it off (I think it says that in the Bible, too...).
OR Talk to your neighbor and let him know of your frustration. Maybe he'll remove the branches, chop down the tree and give you the firewood, offer to make restitution, apologize, and become a lifelong friend. You never know.

Answer 5

The rule in England is that you may remove the overhanging branches, cutting them back flush with the boundary but YOU MUST hand those branches back to your neighbour as they remain his property and to retain them would be theft. This is very old common law, and I guess would apply in any US state with a common law basis.

Answer 6

you can cut any part of your neighbor's tree that is inside your property line. However before doing so please inform your neighbor for them to please cut that part of their tree that's harming you for ethical reason and to maintain a good relation with your neighbor. If they don't then cut it yourself. You have that right at least here in my country, the Philippines.