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
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.
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