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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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Neighbor's tree extends onto my property, wall, roof and

Customer Question

Neighbor's tree extends onto my property , wall, roof and gutters. I requested several times to have it trimmed back. I can't have my gardeners do I because she has complained about each of my gardeners for one reason or another . I understand that with trees, even if I trim them off my property , she can sue me
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 10 months ago.

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Expert:  J. Warren replied 10 months ago.

I am sorry you are dealing with this situation. As you probably know here is the general rule regarding neighbor trees overhanging over another's property:

A neighbor (you in this case) cannot demand that the tree owner pay to trim the branches. However, the neighbor can trim the trees back to her property line but must be careful in doing so as to not harm the tree, kill it, or chop it down altogether. If the neighbor harms the tree, she could be liable for damages.

It is in your neighbor's best interest to maintain her tree. Even though you can demand she trim her tree, you can hold her liable for damages to your property and maintenance costs because of the uncontrolled growth. This may even include taking her to small claims for amount it cost you to trim her tree.

Another avenue to is to bring a private nuisance and an encroachment action against her. Unfortunately, this would require going to court. However, by doing this a court could issue an order that she trim the tree based on the nuisance and damages it is causing your property.

Most of the time these bad situations get resolved by having an arborist trim the tree and then the person paying out of pocket has the option to bring an action in small claims to seek reimbursement.

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