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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35356
Experience:  16 years real estate, Realtor. Landlord 26 years
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A neighbor cut a number of overhanging tree limbs from my

Customer Question

A neighbor cut a number of overhanging tree limbs from my property and I realize he has every right to do so as long as the cut is on his side of the "fence". Is he entitled to dump all of the debris on my side of the fence or is he responsible for doing whatever else he wants with the debris?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Although he is kind of a jerk for doing so, I would have to opine that yes, he can remove the limbs and then deposit them on your property. This is because the tree is your personal property and the law allows him to remove the encroaching limbs from his property by cutting anything that crosses the vertical property boundary. The limbs still remain your personal property as they are part of the tree so essentially he is just removing your personal property from his property and then returning it to your real property.

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It is kind of a petty thing to do, but I think a judge would rule it is permissible if it was in front of him because the neighbor has no legal duty to dispose of your personal property.

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thanks.

Barrister

Customer: replied 9 months ago.
I am surprised at your answer and left wondering if you have case law to substantiated your opinion. I have always heard that in this kind of activity, the norm was "you cut it, you bought it". Just my opinion and I have no case law to support that either. Thanks
Expert:  Barrister replied 9 months ago.

No, I am just going off the basic premise that anything growing on someone's property is their personal property and the neighbor cutting it doesn't turn it into the neighbor's own personal property. They are simply abating a nuisance.

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But no, I don't have any case law as that would likely require hours of research and reading cases and that is beyond the scope of the services I can provide here.

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thanks

Barrister

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