Neighbor's tree growing into my backyard?

Question

My neighbor's tree has a major branch that has been growing into my backyard for years. It is causing the entire backyard to be shaded and cold. We want it cut so it is on their property only. What are the rules on this. I think they should have to cut it down, not us. It would cause a LARGE cleanup (it is so big).I would be very friendly about the whole thing. Any legal advice?

Answer 1

Having worked in both the u.s and Canada, the laws for most states and provinces are as follows you are allowed to cut anything that hangs over your property line that is to say you cut the limb back to your property line,in most cases you would want to cut a large limb back to the tree try not to leave big stub this will only cause more harm to the tree latter,you DO NOT need your neighbours permission to cut the limb however it has been my experience that discussing it with your neighbour is always best.your neighbour is under no obligation to pay for any of it ,you can however try your luck in court to force him to pay in my experience there must be a very good reason in order to win(shade is not good enough)having said all that if you do cut the tree and need to access your neighbours yard and they get angry there are other laws on your side(reasonable access laws)the city uses these laws to access your property without permission to fix hydro and such .Call a local tree company in your area they will know better the local by-laws

Answer 2

I have a law degree, have dealt with "neighbor issues" in court as well as have had the same tree problem with a neighbor. This is not legal advice... just practical advice. Having an adversary relationship with a neighbor is not worthwhile and can end up costing peace of mind. Talk with your neighbor and try to work out an agreement between the two of you to handle the situation amicably. If you have to pay all of the cost to remove it, its better than dealing with an angry neighbor for 10 years. If you can split the cost with the neighbor 50/50, you got a great deal. If the neighbor will take care of it, you have got a great neighbor.

Answer 3

Unless your local laws say differently, you are the one to cut it down (or have it cut down by a professional), and you have every legal right to do so. There are chemicals that you can put on the cut-off end to stop it from growing any further and to seal it against damage to the tree itself. Anything on your side of the lot line is yours. Yes, you'll have to do the cleanup also, unless you can work out a deal with your neighbor - maybe he could use the firewood?

Answer 4

contrary to some other advice NO you do not have every right to cut it down. like someone else said.... for peace of mind try your best to work it out with neighbor over a cup of coffee. a tree is not worth starting an agrument about. explain the situation and ask that neighbor what 'his or hers' advice would be. yes in most places if its hanging over your side, you can 'trim' this. but........without defacing tree any more than needed. most people in this world are reasonable. you may even find the neighbor might just do it theirselves!

Answer 5

Small claims court is ideal for cases such as this. Sue for any and all damages which his resources causes to your property. Keep a running tally/receipts on all cost and present to a judge. Unlike in a criminal court, all you have to do is prove with a "preponderance of the evidence". In other words, that what you tell the judge is more likely than not to be true. If you are not comfortable doing it yourself, hire an attorney and the attorney will include his bill as part of the settlement. When your neighbor has a judgment against him for the settlement, your filing fee, court cost, and your attorney fees, he will understand that it is "his responsibility". Any cost you incur as a result of his negligence is claimable.

Answer 6

It's a bit hard to give advice without knowing where you're located.
In New South Wales, Australia I understand new legislation was enacted just before Christmas and I understand Community Justice Centres are giving advice about consequent rights (and responsibilities).

The legislation is apparently based on similar stuff in England and Europe.

Keno

Answer 7

Why not talk to them about it? Tell them you'd like more light in your backyard. I'm sure they'd be willing to compromise. If not? Look into legal procedures. Honestly,though,if you're not going to be using it for anything in particular... leave the tree alone. =) You wouldn't want someone cutting your limbs off,would you?

Answer 8

Well here in Ohio we can trim any branches that are over the property line. The owner isn't required to.

Answer 9

I believe you have the right to do it yourself. I am not sure if they have to pay if you have a tree-trimmer do it. Why don't you ask someone in your city/town hall? Someone there would most likely be able to answer that for you.

Answer 10

Call your neighbor and discuss the problem. You have the legal right ot have it removed and they would probably gladly do it if they knew you wanted it done.