my apple tree hangs over the fence and my neighbor cuts the branches and throws them into my yard.?

Question

can he throw the branches over the fence into my yard?

Answer 1

Seems many misunderstood your question. In most parts of the U.S., he has a right to trim anything extending onto his property, but NO he does not have a right to throw anything into your yard! I would politely point that out to him. Politely, because neighbor disputes are one of the major issues that end up in small claims court, and/or escalate to violence. It can eat up a lot of your time/energy, and leave you stressed out.

Answer 2

Yes, your neighbor is within his rights to trim the branches of the tree and put the branches in your yard. In some jurisdictions, he could pay to have the branches removed and send the bill to you. In some jurisdictions he could also sue you for creating a nuisance. The tree is yours and there is a simple solution to your problem: Don't let the branches of your tree overhang the fence -- trim it from your side of the fence and keep it trimmed. It will probably make your apple tree healthier in the long run.

My neighbors have two huge pine trees (each close to 70 feet tall) and a plum tree that overhang the fence. The pine trees drop an unbelievable number of needles and pinecones into my yard each year. When I moved into the house 2-1/2 years ago, I hired a crew to clean the needles out of my yard and haul them off -- they were packed solid and nearly two feet thick. It cost me about $500.00. The packed needles had killed most of the grass in my yard. It cost me a lot of time and effort to plant new grass and get it established. I now rake and clean out the needles on a weekly basis. Where I live, the City sponsors a spring and fall clean-up and will pick up and haul off bagged leaves and yard waste. Fall of 2006, I had 18 33-gallon bags of pine needles. Spring of 2007, I had 21 33-gallon bags of pine needles. So far, I've accumulated 15 bags for pick-up this fall.

The needles also blow onto the roof of my house and into the rain gutters. I clean the roof on a regular basis and have installed gutter-guard to keep the gutters clear -- I live in the Northwest where it rains a lot.

The plum tree is overgrown and drops thousands of rotten plums in my yard each year. It makes quite a mess which I clean up.

I talked to my neighbors several times and nothing was ever done -- will I throw pine needles and rotten plums into their yard or sue them, no. But it doesn't mean that I don't notice; it also doesn't mean that it doesn't irritate me. Maybe your neighbor is just dealing with an uncomfortable and irritating situation in the most accommodating way he can. Why don't you try being a bit more considerate of him?

Answer 3

I don't know about the legalities of where you live, but in most areas, he could have the limbs cut by a professional tree trimmer and then send you the bill. Fruit trees can be a nuisance because of all the rotten fruit they leave so I can see how he might not want your branches hanging over the fence. If I were you, I'd feel fortunate all you have to do is a little clean up.

Maybe you could offer to trim the branches for him - never hurts to extend an olive branch (or in this case an apple branch ;-)

Good Luck!

Answer 4

It is rude of him to throw the branches into your yard. Why don't you take the high road? Every spring before the leaves come out,take a step ladder and limb lopper and stand next to your side of the fence and trim all the branches extending over his property. If some of them fall into his yard,just go around the fence and pick them up. You'll at least have the satisfaction of trying to remedy an annoying situation.

Answer 5

Obviously he can, because he did, but it's a rude thing to do.
He can legally cut the branches that are on his side of the fence, hanging over on his property.

Our next door neighbor asked us politely would we be willing to cut down our mulberry tree if he paid half?

You betcha!

Answer 6

He is legally entitled to cut anything that overhangs his yard, but he should not toss the branches onto your side.

On the other hand, apple wood is great in a fireplace or as smoking chips in the BBQ, so maybe you should be happy for the wood.

Answer 7

If you're in the UK, it's fairly normal for neighbours to do this, I'm not sure why - maybe they think that otherwise they could be accused of stealing the branches.

Answer 8

Sounds like a nice guy helping you out with your yard work! Maybe you could reward the help by putting a basket of apples on his porch when they are nice and ripe. Have a good one

Answer 9

How petty is he, neighbour from hell huh, if it were me id just eat the apples that were leaning in2 m garden lol, bu seriously i have know idea about the legal side of things, its ur tree but leaning on2 his property, u should just laugh at him or play him at his own game sum how!!

Answer 10

sounds like your living next to a jerk. Yes they are your branches so that is why he is throwing them on your side. Don't you wish you could live next to decent neighbors?