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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If I have a bush on my property and it hangs over the next

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If I have a bush on my property and it hangs over the next property can I cut the bush down
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is yes, you can. The key here is because the bush is entirely rooted on your side, so it is considered yours. Allow me to explain:

1) You may cut anything rooted on your side;
2) You may cut anything that hangs over on your side, but only up to the point that it crosses unto your land. You may cut anything that encroaches (i.e. sends roots) over on your side, but only up to the point that it crosses unto your land.

So you can cut the bush if it is on your property. Your neighbor can cut the party that hangs over to their property. Day v. Gabriele, 921 A. 2d 692 - Conn: Appellate Court 2007 (general discussion).

If you decide to cut your bush since it is rooted completely on your land, it is also best to ensure that any vegetation that is left on your neighbor's property is cleaned up.

I hope this helps and clarifies. Best of luck.

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Customer: replied 4 years ago.

What about a stockade fence, which side goes to the outside

Hello friend and thank you for your follow up.

What about a stockade fence, which side goes to the outside

What about it? Do you mean your neighbor's fence leans over into your yard with the spikes?
Customer: replied 4 years ago.

no a stockade fence has two sides one with a smooth side and another showing the ribs. which side goes out

Hello,

You have opened another thread, and I have replied there - please click here to get to it. I will close this thread so we stat on one thread at a time only.