Can I prune off a limb from my neighbors tree that is hanging over the property line?

Question

My neighbors hedge and tree are growing out of control along our property line. tree branches from trees growing on my neighbors property are hanging into the power lines on my side of the fence. Our local the utility company says they wont or cant prune trees on private property and i would have to take care of it myself. My neighbors arent willing to prune the limbs for aesthetic reasons even though i offerred to pay to have it done. with the winter storms ahead i am concerned now about preventative maintence. since my neighbors are unwilling to cooperate, can i just cut back the branches on my side of the fence without their permission or do i have to take them to court. i live in washington state if that makes any difference. thanks!

Answer 1

Well, I see that you are in Washington state and there are, fortunately for you, some precedents already set in this particular area of the law in your state. Basically, the owner of the tree is responsible for any injury done by the tree or bushes/shrubs, including the falling/shedding of debris onto your property. There have been some lawsuits regarding cases like yours. The debris/leaves may be an interference in your right to enjoy your property, including the justification for a lawsuit.
This is what I would do if I were you - inform your neighbor of the law in Washington state and the possibility of a lawsuit. If you don't want to discuss this with them in private, do it in an extremely nice letter, but look up the law in your state before you do so. Also, refrain from threatening them. Also, remember that you can also be liable for any damages done to the tree/bushes if you damage the tree to a degree that it impedes it growth, or it dies.
But to answer your question - yes you may cut up to the boundary line with some caveats - don't go onto their property, and do not cut down the tree or destroy it.
Please don't take this as legal advice and I would talk first, with your neighbor, and then look up the law in your state.
Good luck.

Answer 2

The normal answer would be yes, up to your property line. But states and local governments can have their own ordinances. Check with your building department they could help you. If you find that you can, tell your neighbor before you do the cutting, once he knows you will do it he may decide to go along with having a professional do it aesthetically.

Answer 3

I live in Washington too, and recently had a similar problem. I spoke with the code enforcement officer in my city who said "that is a civil issue, but you have a right to maintain your own property."

I decided not to do anything about it because , to me, it is just not worth making an enemy of my neighbor let alone suing them or being sued by them.

Answer 4

Contact your city or county government and see if it is legal. In Oklahoma, it is legal to trim limbs that are extending over your property line. Also our utility companies have an easement and are allowed to trim trees along power lines.

Answer 5

first thing you need to do is contact your local city and electric company and file a report. You can try to talk to the neighbors again stating just what you did here...it's a safety concern. Although the branches are on your side the tree is on theirs and you just cutting on it will be grounds to sue... You can take them to small claims court and force them to cut it down. Paper is patience...file file file...the more they have on paper the easier it will be to get it done

Answer 6

you sure can! I trim trees for a living. If its hanging over your prop. you can cut them back but only to the prop. line.Your neighbors may make it difficult,not letting the trimmers on their property.But a good tree company wont have any problem with that. Good luck

Answer 7

You are entitled to prune any branches overhanging your property but you must offer them what you cut off as it is their property.
The same applies to roots.
It's best to write them a letter about your intentions and reasons in case they wish to be difficult after the event.

Answer 8

You didn't mention a neighborhood association, so I guess you don't have one. I would suggest getting this "on the record" before you do anything. Contact your local government.

Answer 9

yes

Answer 10

SURE CAN, ENUF SAID