My neighbor's tree has brunches hanging over my roof. Is my neighbor responsible for removing the brunches?

Question

The brunches from my neighbors tree drop leafs on my roof, as leafs and brunches accomulate on the roof and threaten the safety of my house. So, it is very desirable limbing the neighbor tree. It seems that there are three possible answers to my questions and I do not know what is right:

a) my neighbor must pay for the limbing of his tree
b) my neighbor must allow me to limb his tree but I have to pay for it
c) I have no rights in the matter
d) The law is not clear on the issue

Answer 1

If your neighbor's tree is a danger to your house, your neighbor is responsible to have the tree trimmed. You also have the right to trim the branches that hang over your property without needing permission from your neighbor. You can take your neighbor to court if he/she does not trim the dangerous limbs or refuses to reimburse you for the expense if you trim the branches yourself. You should talk to your neighbor first.

Answer 2

Don't *****.
Don't hire a lawyer.

I doubt your neighbor is REQUIRED to trim the tree, and even if they are, forcing them to pay money for something that's bothering you, is NOT how you stay on good terms.

It's legal for you to cut any part of the tree that's hanging over your property, (as long as it doesn't kill the tree) so if all else fails get a pole trimmer and have at it.

But it's just good manners to discuss it first. Don't walk over there pissed off. Say something like: "I was going to have these branches trimmed off along the property line but I thought it might look better if they were trimmed closer to the tree. What do you think?"

Now that said, you might consider the advantages of a very moderate tree triming; say every other year,5' to 6' from the top of your roof. Tree shade keeps houses cooler and slows weathering. Hit the roof leaves with a blower once a month in autum and your gold.

This is not something you would even need to discuss with you neighbor.

Good Luck

Answer 3

That all depends on what state you live in and if the tree is an endangered species. Most states say that anything on your side of the property line is yours to do with as you please.

Here common sense works best. Talk to your neighbor. Explain your concerns and your desire to trim the tree limb so it does not damage your home. Most neighbors will offer to help with the pruning or will split the cost to have it done professionally. While talking to your neighbor also inspect the rest of the tree to make sure limbs are not posing a danger to power or phone lines.

Answer 4

Ask your home insurance agent.