Legal question - Who's responsible for tree branches overhanging a lot line?

[Poiuyt]

I have a large tree in my backyard with some branches overhanging my neighbors yard. He came over the other day and said that some of the branches were interfering with his smaller ornamental tree and asked if I would take care of it (on his side of the boundary). I said that I would and got an estimate, but it came in at $750. That's more than I can afford, so I decided to do it myself. I haven't gotten to it yet (it's been about two or three weeks) and today he slipped a note in my mailbox saying that if I don't take care of it, he will hire a tree service and do it himself.

It's always been my understanding that he would have the legal right to trim any branches up to the lot line and I have no problem with that. My question is, who would be responsible for paying to have the work done?

[skygazer]

1. I believe it depends on the laws in your area

Maybe check with your local town offices and see if they can tell you anything - if nothing else, they could tell you where to look for the laws.

But why not just get out there and cut it. Save yourself some friction with your neighbor.

[Poiuyt]

10. I definitely want to have good relations with my neighbor

but doing it myself will be difficult and dangerous (it's a big tree).

[Lex]

2. Any part of the tree that overhangs his lot, he can cut & is responsible for.

At least in my state (NC). He is responsible for the maintenance of what's above his property line, so to speak.

[flvegan]

3. In Florida, lot lines include airspace (and sometimes subterranean space)

If he wanted to cut them, he could. It's always suggested that the tree owner maintain the tree for liability (if he cuts your tree and it somehow dies, he could be liable). Also, if your tree's limb fell and damaged his property, that could be another legal issue.

[Nicholas D Wolfwood]

4. Probably you.

The tree itself is on your lot, meaning you own the tree. Meaning you own whatever the tree does if you're negligent in caring for it.

[Lex]

5. But the neighbor is responsible for what overhangs into his yard.

Any part of my neighbor's trees or vines or shrubs that overspill into my yard, I can trim or cut back as I see fit. It is part of MY own yard maintenance.

That is for here in NC.

[skygazer]

6. This is why the OP needs to check the local ordinances

Laws are not the same everywhere and its good to know exactly where one stands.

[Lex]

7. Yes

that's precisely why I pointed out twice that what I said only applied for my state.

[pitohui]

13. no one owns a tree for insurance purposes

victim of a tree fall costing my insurer, not the owner of the lot where the tree was standing, a whopping mid five figures -- and my insurer didn't quibble or concern themselves with who owned the tree, altho it clearly fell from another yard

it's just the way it is, "no one owns a tree"

i think otherwise no homeowner's insurance co. would allow anyone to have a tree, because of the liability

if the neighbor wants to cut the branches overhanging his yard, he is free to do so

he is free to send you the bill -- and you are free to ignore the bill

he ordered it done, he's got to pay it

of course always check a local attorney for legal advice before following instructions rec'd from invisible friends on the internets

[seemunkee]

8. Your neighbor can trim the limbs

As long as they do not do any damage that might kill the tree.
At least that is the way things are around here. I have pine trees that outline my backyard and the neighbors trim what they want on their side of the fence.

[Gormy Cuss]

9. You're responsible for your tree, but neighbors are allowed to mitigate a nuisance.

As flvegan noted, in some states the neighbor has the legal responsibility to limit pruning so as not to undermine the tree's viability but that's not true in all states. Some states also have specific rules about boundary trees too.

The best way to answer your question is to find out how the responsibilities are spelled out in your state or local nuisance abatement laws.

[rug]

11. Ask your question here (bonus kudzu info):

http://lawprofessors.typepad.com/property/2006/12/tree_law.html

[WFF]

12. I have a similar situation here

I'm trying to rig my own pole saw, but it's a little too unwieldy.

[treestar]

14. Only the state law has the answer, unfortunately

A lawyer would charge for his or her time to figure it out.

You could look at the state's civil code under premises liability and it might lead you to something. Use the annotated code.

Maybe go to the law library and some law student might be willing to look it up for you.

Tell us what state it is, and maybe we can find something online.

The city might have ordinances, too. (Or the township, or the county or whatever it is called.)

[Poiuyt]

16. I'm in Wisconsin

[Lionel Mandrake]

18. If you live in a city (as most people do),

then you can probably get an answer from city hall. After you find out what the law is, you will be in a better position to discuss the situation with your neighbor. I'll bet your neighbor doesn't know the law, either.

[Bjornsdotter]

19. Call your township

...my parents have a house in Wisconsin, that's what they do whenever they have these types of questions.

Cheers

[KinkyDem]

15. DO NOT TAKE LEGAL ADVICE FROM THE INTERNET

Read a book!

Nieghbor Law
Published by No-Lo press

Check your local library.

[ashling]

17. I think that there should be

checks and balances between the branches