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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102380
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Have a dispute with neighbor in regard to trimming a tree.

Customer Question

Have a dispute with neighbor in regard to trimming a tree.
JA: What state are you in? It matters because laws vary by location.
Customer: NC
JA: Has anything been filed or reported?
Customer: No, where to start?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Will not allow trimming tree though it overhangs my house
JA: Have you talked to a real estate attorney about this?
Customer: Could not get to anyone local
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Someone in your situation does not need his permission. Common law doctrine (and NC case precedent) grants the owner the right to cut the tree at the property line. Meaning, you can get a ladder and cut the tree back to the property line between the two properties: "Plaintiff had the right to prune it at the boundary line." See Rowe v. McGee, 168 SE 2d 77 - NC: Court of Appeals 1969.

One wants to take care not to damage the tree any more than necessary, but, one has the right to cut off anything that has encroached unto their property.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

Expert:  Ely replied 4 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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