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LegalKnowledge, Attorney
Category: Legal
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Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My neighbors catalpa tree has branches overhanging ...

Resolved Question:

My neighbors catalpa tree has branches overhanging onto my property by 8 feet. This tree is a nuisance as it drops very large leaves (12-14 inches in diameter); drops foot-long bean pods; and leaks a very stick sap which gets all over our vehicles. Do I have a legal right to trim back the overhanging branches to my property line? Thank you
Submitted: 8 years ago.
Category: Legal
Expert:  LegalKnowledge replied 8 years ago.

HiCustomer Thank you for asking your question on Just Answer. The other Experts and I are working on your answer. By the way, it would help us to know:

What did your neighboor say about this when you spoke with them?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

Customer: replied 8 years ago.
Reply to CriminalDefense's Post: My neighbor became very angry when I asked a local tree service to give me an estimate (the tree service was at my neighbor's residence taking care of a fallen tree) on the cost to trim the tree. When the tree service employee approached my neighbor about my asking for an estimate, my neighbor responded by coming to my front door; banging on the door; returning my house keys (they used to care for my pets); and handed me a piece of paper with his lawyer's name and telephone number, and stated to contact his lawyer. When I stated to him, "this is a little ridiculous", my neighbor continued to walk away without responding. My neighbor has a very bad/short temper, and he scares me as to what he might do if a judge rules in my favor. Thank you.
Expert:  LegalKnowledge replied 8 years ago.
If the tree is encroaching on your property ( which it is) and causing damage to it from the debris it is dropping and the sap that is dropping on your vehicle, you have a right to trim the tree back. The branches are coming on your property and you do not have to allow the tree to damage it. Unless this tree is a protected species, you can cut it back, but only to the extent that it is over your property line and so that no further damage is done to it. I would have suggested speaking with your neighbor first about it, but clearly you did and his reaction was anything but reasonable. You may want to inform him again you are going to be cutting it back so it no longer protrudes on your property. Again, the tree is becoming a nuisance, from the sap which is ruining your cars and leafs/pods which are dropping, which you constantly have to clean up. He can give you a piece of paper with his lawyers name on it all he wants but you have ZERO obligation to call the attorney about this. It is between you and your neighbor. If he wants to sue you, let him invest the money.
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