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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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This has to do with my neighbors trees. I have no trees.

Customer Question

This has to do with my neighbors trees. I have no trees. They are located so close to the property line that the trunks of the trees are actually on my land. I have paid twice for broken tree branches to be removed and one complete tree that cost me $1,200.00 in 2010. Now the tree limbs are over my garage and raccoons have eaten their way into my garage from the roof and tearing apart the inside of my garage. Do I have a right to file a lawsuit against them. I have pictures of those trees for 30 years. The only reason I paid to have them trimmed was because I thought they were poor. They are not. Also, I have to hire because I have 3 fractured vertebrae in my back and if I attempt to do this myself, it would cost me more in doctor bills. I feel they have been using me for 35 years. Thank You.
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your question and thank you kindly for requesting me to assist you further.

To answer your question directly, any growth onto your property becomes your property and your responsibility. They are not legally required to remove their trees from their land if they keep growing onto your share of the lot. You also cannot sue them over neglect, at most if there is a municipal ordinance out that requires homeowners to maintain their trees, you could report them to the municipal board and see if they could be fined, but as those trees are on their lot, you cannot sue them over what is essentially their property. I wish I had a different answer for you, but trimming branches if they are on your property line is your responsibility and not theirs--they have not been taking advantage of you in that way, that obligation is lawfully yours and not theirs.

Good luck.