2007-05-16 09:09:05 · 17 answers · asked by FRED L B 1 in Politics & Government ➔ Law & Ethics
The general common law rule is that you have no obligation to trim tree limbs that overhang your neighbor's property. On the other hand they have the right to cut anything that hangs over their land. Common Law Exception: If you know your tree is dead, dying, diseased or likely to fall over onto your neighbor's property and you fail to remove it, you will be responsible for damage it causes. Second Exception: Your state, community or homeowner association rules (if any) may have changed the general rule. So check with a local attorney.
2007-05-16 09:19:50 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I am not sure if this is a law in every state or not, you may want to check on that. But, in Indiana and Illinois, if I have a tree in my yard and the branches hang over the property line, my neighbor can legally trim the branches to protect his property from possible damage. However, I own the tree, so the neighbor is not entitled to tell me what I can do with those branches. So, if at anytime I want to cut the tree down or remove the branches, I can do so. The neighbor cannot insist that I trim the branches, and he cannot remove any part of the tree that is not on his side of the property line. Does that make sense?? I hope so!
2007-05-16 09:21:17 · answer #2 · answered by Kailey 5 · 0⤊ 1⤋
Honestly, I wouldn't cut the tree down. Trees block sunlight in the summer and wind in the winter. They help reduce the electric bill. Plus yards without trees look so sterile. Perhaps trimming the tree would be best (and not one of those cut all but the main branches off deals... just a nice trim). It would still be good to let your neighbors know what you are doing out of common courtesy. Others are right. You may find the other neighbors like the tree. Cutting it down could also result in some ugly feuds with your new neighbors.
2016-05-19 23:00:46 · answer #3 · answered by santana 4 · 0⤊ 0⤋
I totally have this problem.. Sucks,,, The slumlord next door lets his trees grow huge into my yard.. I do enjoy green and tree's, but then when the leaves fall its my mess to clean, so I just bought a tree trimmer and stand on the wall and chop chop chop and the day the tenets say ANYTHING to me I will probably go foolishly crazy..off about the situation. In 5 years I have trimmed the tree's..every year.. I called the city but the utility lines where the cable and the phone.. So the electric co wouldn't help..
Its just much easier to take the matter on myself, even know the principle.. of the matter...
2007-05-16 09:36:34 · answer #4 · answered by Julie 4 · 0⤊ 1⤋
If the tree is planted in your yard, it is YOUR tree and you should be trimming it to make sure it does not hang in your neighbor's yard. If your neighbor is cool with it hanging over his property, you should take the initiative to trim it on both your properties. If he complains, by law, you will have to remove overhanging limbs from over his property.
2007-05-16 09:13:36 · answer #5 · answered by Joe Dragon 3 · 0⤊ 1⤋
The person that owns the tree at least in my state
I trimmed my neighbors bushes because he's old, and in my state I have a right to cut it back 1 foot from the fence or property line and I do, if they don't like it next time I'll call the law and then they will have to pay someone. anyway be nice because you never know when you will be doing something that requires a permit and bam they will turn you in.
2007-05-16 09:14:57 · answer #6 · answered by man of ape 6 · 0⤊ 1⤋
If it's your tree and you want to be a good neighbor, trim your tree. The neighbor has a right to cut branches that overhand his property. If you do the trimming, I am sure you will do it right. The neighbor migth hack them off in anger, and the tree won't look so good.
2007-05-16 09:13:30 · answer #7 · answered by regerugged 7 · 0⤊ 1⤋
If the trunk of the tree was on your property when you bought it. Then it is your responsibility if it grows onto your neighbors property. If the trunk or any part of the tree was already in your neighbors yard then this should have been determined when you or your neighbor purchased the property.
2007-05-16 09:16:55 · answer #8 · answered by wisemancumth 5 · 0⤊ 1⤋
When the limbs are on your property, you have the responsibly to trim them. But it's best to speak to your neighbor and work something out together
2007-05-16 09:14:26 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Whatever is on their side of the property line is their responsibility, even if none of the tree trunk is on their property.
In addition, they can do whatever they want to that part of the tree with little to no input from the owners of the other property.
2007-05-16 09:12:20 · answer #10 · answered by Anonymous · 1⤊ 1⤋