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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38218
Experience:  Attorney over 17 years, landlord 26 years
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Can a neighbor sue me if some of my tree's limbs are

Customer Question

Can a neighbor sue me for trespassing if some of my tree's limbs are growing onto their property?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 years ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Legally yes, they could sue you for trespass to property and "private nuisance" if the trees are crossing the vertical boundary of the property line over onto your property. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

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The trees are considered your personal property, just like a pet or a bicycle, and they can't enter the neighbor's property without their consent or it is a trespass.

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thanks

Barrister

Customer: replied 2 years ago.
3 pics. I have 2 more
Customer: replied 2 years ago.
2 more
Expert:  barristerinky replied 2 years ago.

I am not sure what the pictures have to do with your question about trespass to property..

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thanks

Barrister

Customer: replied 2 years ago.
Nevermind. I put it on the wrong answer sheet
Expert:  barristerinky replied 2 years ago.

Ok, I kind of though that might be the case..

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thanks

Barrister