Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome to JustAnswer. I am a new contributor to your question. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
I am sorry you are dealing with this situation. I know how difficult this must be. A neighbor is permitted to trim overhanging foliage, branches and limbs so long as your neighbor acts reasonably and does not seriously injure or kill the tree overhanging the property line. This means they can cut back to the property line but no further. If a landowner cuts branches further back than what are encroaching onto her property and does not have your permission to trim she may be liable to for up to triple the amount of the damage caused by the wrongful cutting. However, if the damage is accidental or based on a mistaken belief, damages may be limited in the court's discretion to double the value of the wrongful cutting.
In other words, you have a right to file a lawsuit for damages to the tree and seek an order that she cannot cut foliage past her property line. Unfortunately, there is little you can do without going to court. One option is to see if she would agree to attend a community mediation session with a mediator to come to a resolution on how to manage the trees.
All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! Please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).
Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!