QUESTION

Can my neighbor legally trim my tree without my knowledge or permission?

Asked on Nov 14th, 2012 on Personal Injury - Nebraska
More details to this question:
My neighbor or someone in his employ trimmed some limbs from a pear tree growing in my yard. These limbs extended over his property line. This tree is a non-fruiting tree. This neighbor knew the tree existed and that it had some overhang on his property. He has complained to me about it and I told him at the time that he knew the tree was there when he bought his house and if he wanted the limbs trimmed. He could do it at his own expense. These limbs impinge maybe five or six feet over his property line. I noticed today that the limbs had been trimmed. My wife, who is semi-ambulatory and is at home alone part of the day while I am at work, she told me that she heard all sorts of noise coming from next door. I don't really mind that the limbs are trimmed but I do mind that it was done without my knowledge and caused my wife some concern since she didn't know what was happening and can't get around quick enough to see what was going on.
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8 ANSWERS

Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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So what's the problem?
Answered on Apr 30th, 2013 at 11:36 PM

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Ronald A. Steinberg
The limbs that crossed the property line are on his property, and he can cut them down. I am not sure if he can force you to pay for it. If the tree fell onto his property, he could remove it and you would be responsible for the cost. It seems to me that if you and he can work out something peacefully, it will make your living in the area much more comfortable. Pick your wars. This is not one to fight.
Answered on Nov 22nd, 2012 at 4:05 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Why don't you think about thanking your neighbor? If you want a feud, then huff and puff your way over to his house and bang on his door. When he opens, start the rant. Over the coming years, your gift will keep on giving and giving and giving. Good Luck.
Answered on Nov 18th, 2012 at 7:04 AM

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Answer: It wasn't done without your knowledge and you didn't just consent to it being trimmed but you told him to do it. Why now are you complaining? It's just a tree.
Answered on Nov 18th, 2012 at 7:03 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Yes, the neighbor can trim the branches that overhang his property and does not have to give you notice.
Answered on Nov 18th, 2012 at 7:02 AM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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Usually a neighbor can trim branches that are on his side of the property line, as long as he doesn't kill the tree.
Answered on Nov 18th, 2012 at 7:01 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Overhanging trees are a nuisance and sometimes are legal problems. Trim the tree and keep it off his property and cool down. you cannot afford a legal fight over tree limbs. It will cost 100 times what it is worth to you
Answered on Nov 18th, 2012 at 7:01 AM

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Eminent Domain Attorney serving Omaha, NE
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Yes. As long as he does not damage or kill the tree. The trees hanging over his property line constitute a trespass.
Answered on Nov 18th, 2012 at 7:00 AM

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