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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36982
Experience:  16 years real estate, Realtor. Landlord 26 years
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The neighbors are building a new double wide garage and want

Customer Question

The neighbors are building a new double wide garage and want to cut branches off my tree because said branches are on their property and will be in the way of their new build. Do I have to let them? Who should pay for the work? Can they do that without my permission?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Legally if the branches from your tree are crossing the vertical boundary created by the property line, then that is considered a trespass to property because the tree is your personal property and is encroaching onto the neighbor's property.

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So yes, they can trim the limbs back to the property line, but the caveat is that they can't kill the tree or you can hold them liable for damages.

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So do you have to let them?....you can't stop them from doing so.

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Who should pay for the work... they can do so at their expense, but if they are creating a nuisance, they could sue you in court and get a judgment against you to force you to remove your limbs from their property.

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Can they do that without your permission?.... yes.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister