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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87196
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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What can be done when a neighbor refuses to trim limbs and

Resolved Question:

What can be done when a neighbor refuses to trim limbs and foliage protruding onto my property.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. This happens often, unfortunately. What state is this in, please?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 10 months ago.


Kansas City, Missouri

Expert:  Ely replied 10 months ago.
Thank you.

Apologies in advance for the momentary wait while I am typing out the answer...
Customer: replied 10 months ago.


I'll hang on for the reply.

Expert:  Ely replied 10 months ago.
In cases where a neighbor's foliage and tree limbs (I am simply going to use the term 'foliage' for all) go unto one's property, one has the following resources:

Self-Help
One can use self help to immediately cut off any offending foliage that comes unto one's property. The second it does, it is trespass and nuisance and one can use self help to remove it. The self-help must be reasonable however, with an aim to avoid further damage to the neighbor's trees, etc, than necessary. One may cut to the edge of the property but not beyond. In addition, one can then seek reimbursement for any contract labor that was used for the self-help, provided that this was reasonable.

Court Order
In the alternative, one has the right to seek a court order confirming that the cutting would be allowed, reasonable, and necessary, and granting it. Likewise, the Court order can then allow for the reasonable reimbursement of the proposed work.

Often, a letter threatening a lawsuit will help and will work to have the neighbor agree to cut their own foliage to avoid liability. Let me know if you need a copy of a sample of such a letter.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87196
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Ely and 15 other Real Estate Law Specialists are ready to help you
Expert:  Ely replied 10 months ago.
Thank you for your gratuity.

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