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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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I have a neighbors tree that has pushed enough to separate

Customer Question

I have a neighbors tree that has pushed enough to separate my fence and hanging into property touching the roof. Legally, what are my options? I'm goin to ask them to cut it down as there is no other way, but I want to see what I can do if they do not respond.
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
If the roots and the trunk are on their property, then they own the tree. Any part that enters your property line belongs to you, meaning that you are free to trim it so long as it does not kill their tree (as then you would be liable to them for losses). They, however, are not liable or responsible to trim the tree if it enters your property. While you can ask them to trim, they are free to refuse as anything that enters your side of the property line becomes your property to do with as you see fit. You cannot compel them to cut it down, however.
Dimitry, Esq.
Customer: replied 2 years ago.
The trunk is lean into my property and on my two story roof. This is not trimming, I would have to cut the trunk below the fence line to prevent it from continuing to destroy the fence, and anyway most of the trunk is on my property. It will in effective cut down the tree to a 4 to 6 foot stub
Expert:  Dimitry K., Esq. replied 2 years ago.
If the trunk is on your property, you can cut the tree down but again, if the trunk is on your property, then trimming and cutting down becomes your personal responsibility. If the trunk is on both sides of the property, either both owners have to agree to cut it down and split the cost, or one owner has to go to court, prove that the tree is damaging property, and get the judge to permit the removal, where costs will again be split between the parties.
Dimitry, Esq.