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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29102
Experience:  30 years of real estate practice experience.
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Not a new issue, but our neighbor's fruit tree is extending

Customer Question

Not a new issue, but our neighbor's fruit tree is extending about 5 feet into our yard and is within inches of touching our house. Our neighbor has told us he has "no time" to cut the encroaching branches that have fruit on them, but this morning, he was actually picking the fruit. He has time to pick the fruit, but not trim his branches. Huh? What are our rights? Can we trim the encroaching tree branches?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Hawaii
JA: Have you consulted a lawyer yet?
Customer: No.We're trying to be good neighbors.
JA: Is there anything else the Real Estate Lawyer should be aware of?
Customer: This neighbor refused another time to cut branches off another tree (no fruit), and we cut it back ourselves. He actually cut the branches once and left ONLY those that were extending into our yard. Nice neighbor, yeah?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Loren replied 6 months ago.

Good day. I am Loren, a licensed attorney, and I look forward to assisting you.

You are legally entitled, at your own cost and expense, to trim the overhanging branches back to the property line, so long as you can do so without trespassing onto the neighbor's property.

You are also entitled to the fruit which is on your side of the property line, as well.

When you trim, take reasonable precautions not to harm the tree.

Expert:  Loren replied 5 months ago.

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