If roots or branches of a neighbor’s tree pose problems for
you, it’s likely you have the right to take action, even if the neighbor won’t.
Tree laws vary widely, but most permit homeowners to trim
overhanging branches or overreaching roots that cause damage, create danger or
obstruct a view, according to highly rated tree service providers and an expert
on tree and neighbor law.
The right carries some limitations. One of the main ones is
that whatever action you take to remedy the problem can’t lead to permanent
damage to the tree. Also, some communities have ordinances restricting which
trees can be cut or removed, regardless of whose property they’re on.
Talk to your neighbors before hiring a tree company. Not
only is it simple courtesy, it may make the job easier for your professional.
Make sure you know for sure who owns the tree. If the full
trunk is in your neighbor’s yard, the neighbor owns the tree, no matter how
many branches or roots grow on your side of the property line. If the trunk
rests on multiple properties, all owners must agree to trimming or removal.
Be sure you know your local laws, ordinances and
restrictions. The bottom line in nearly every area is that any trimming efforts
must not cause the tree permanent damage. Be aware that in many places, you’re
responsible for paying for damage caused if a neighbor’s tree falls on your
property. The case may be different if the neighbor’s tree is dead.
Consult a certified arborist and, possibly, a real estate
attorney. If you have any questions about tree ownership or the potential
effects of trimming or cutting, it’s best to get expert advice from a qualified
professional.
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