If you cut your neighbor’s tree limbs to protect your own property, then your actions may not be “malicious.” However, cutting the limbs may still be enough to face a criminal charge. My neighbor wants to cut the tree down, we do not. For the best experience, please enable cookies when using our site. If you are on the receiving end and the trees are on your property, then yes, your neighbour does have a case to remove any part of the tree overhanging their property. According to NOLO, some states have laws on the books that make intentional tree damage a crime that can result in a fine or jail time. It was doing zero damage to their property as it was a vacant lot. These items are not considered damage. However, if branches fall other than by a storm or natural disaster then your neighbor is responsible for damages and clean up. They placed their trees assuming they were on their property and did not get their land surveyed. When you have a disagreement with your neighbour about a tree, what you can do partly depends on who owns the tree. If a neighbor’s tree is growing too near a public power line, do NOT attempt to trim the tree branches yourself! Before you start trimming the tree and cutting the branches, did you consider about having a cuppa and talking about it with your neighbour? ©1995-2020 National Association of REALTORS® and Move, Inc. All rights reserved.realtor.com® is the official site of the National Association of REALTORS® and is operated by Move, Inc., a subsidiary of News Corp. They may be friendly and embarrassed. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. My house insurance has a mandatory 20,000 deductible for damage caused by trees during winds exceeding 115 mph. Depending on where you live, if you cut down your neighbor’s tree it could be considered trespassing. In order for the fence to properly surround my property the trees will have to come down. Performance & security by Cloudflare, Please complete the security check to access. Something that can be more problematic is the part of the tree you can't see - … This actually happened to me about twelve years ago. If the tree is on a boundary, most states will not allow either party to destroy the tre,e it will need to be up-rooted. So, whether you deal with the issue now or deal with the issue later it will still need to be dealt with. If the invading roots or branches cause serious harm to the neighbor's property or threaten to do so, the neighbor may sue. Get quick and easy access to your home value, neighborhood activity and financial possibilites. If you are removing branches or an entire tree, take precautions to ensure the process does not risk damaging a neighbor’s window, playset, roofing or other personal property. 2 tall deciduous trees. If a person is convicted of violating this statute, and the property loss to the neighbor is over $2,000, then it is a felony instead of a misdemeanor. The natural occurrence of leaves, pods, or droppings from the tree would be the property owner's responsibility to clear away. You can trim branches or roots that cross into your property from a neighbour’s property or a public road. [Answer is based on the assumption the property where in California. If a tree is growing on one person’s land, but limbs or roots encroach onto another person’s land, the latter has a legal right to cut off branches or roots up to the property line. Trees are a common dispute among neighbors. For example, under Illinois law, if the trunk of a tree rests on the property line that separates two homes, both homeowners have a legal right to trim or cut the tree but must first get permission from the other neighbor in order to do so. Your first step is to ask them nicely and explain the situation. However, if the fallen tree or limb is because of homeowner neglect, then there is a legal cause for damages and recovery. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. You cannot cut down the tree without getting the permission of your neighbor. A tree on your side of the property line is yours, while a tree on the opposite side of the line belongs to your neighbor. To run afoul of the law, your neighbor doesn't have to chop down your tree. Some of the smaller trees (6-8ft tall) had only the top half cut off, but the larger trees (60+ years old) had been completely cut down. The notice must: This is the 2nd time this has happened. Second, your neighbor could be held liable for damages, according to FindLaw. A tree cutter would be hired and generally would cut and remove all of the tree materials on your property up to the property line. • Trees should be maintained in a manner that keeps from damaging a neighbor’s property. Now I want to put up a fence and the trees are interfering with the placement. You can only trim up to the property boundary. Move the trees or purchase the extra footage. Realtor who has two houses listed on the same street had a tree service company come out and remove a 40 year old tree on our property. Your neat straight vertical line of cuts are now an angled line with the top located 3 feet onto your neighbor’s property. If they do not want to move the trees back, you can request a court mediator or a mediator from your homeowner association to aid in negotiations between you and the neighbor. I approached my neighbor and she basically suggested if we could move the fence further into our property so the tree's could remain and so I would have to move in at least five to seven feet and hope that as their trees mature they will not damage my fence. The branches my only be cut back the owner's property line and cannot threaten the health of the tree. Sharing a tree with a neighbor. Another way to prevent getting this page in the future is to use Privacy Pass. Don’t Cut Down the Tree. These trees gave us privacy and made the side of our house look presentable. In some states, however, neighbors may sue under certain conditions, including: If the tree encroaches onto the neighbor's property, the neighbor may sue to make the owner cut the branches, even if no damage has been done. Encroachments should be resolved asap upon discovery. My neighbor who owns a house behind my house cut tree and bushes on my property . If you neighbor cam onto your property and cut down a tree on your property you can make a claim for the cost of the tree or diminution of the value of your proprty for the loss of the tree. Don't Neglect These 6 Maintenance Tasks—or Else, Debunked! And that depends on where the tree is relative to the property line (also known as the “boundary line”).. Basically, if the trunk and visible roots are wholly on your neighbour’s property, your neighbour owns the tree. This applies only where branches overhang more than 50cm and are less than 2.5m above the ground—and to trees not covered by a vegetation protection order (a local council order protecting a tree from having its branches lopped (cut off). One of the most common points of dispute between neighbors comes from the growth of trees, shrubbery, and bushes. Not only are they criminally liable, they are liable for the value of the tree. A storm or natural disaster then your neighbor ’ s property or threaten to do so, can. Owns a house behind my house insurance has a mandatory 20,000 deductible for damage caused by trees during exceeding... Discuss the potential issue with your neighbour about a tree, what you can only trim up to three the. Could be found liable for up to the neighbor 's property line to! 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