12 thoughts on “My Neighbor’s Tree Hangs Over My Property”
Neigbor’s pine tree grew so big that its trunk now “trepasses” on my property. About 3 inches of the 25 inch trunk is on my side of the property line. The tree is messy and unsightly but the neighbor “loves” it. He will not remove it. So I “own” a piece of it. If its falls and injures somebody – am I part-owner? Also the tree is now so tall that it shades our rooms. In any case, I do not want the trunk on my property. Please help – suggest a precedent.
Most of the cases I have heard about or read about say that you would get in trouble by doing anything that damages the tree unless it is hazardous to your property. Even then, you should work through reasonable processes with your neighbor. I recommend contacting your insurance company and even your neighbor’s company if you know who they are. Ultimately, there is no written statute in Texas. Some states do have laws on the books. I make a concerted effort to keep my toes out of these waters. There are definitely better arborists to consult with.
Stan, This may not be timely at all, but just noticed this on Keith’s blog and felt compelled to reply. Keith is absolutely right, there is no statute law concerning an issue such as this but quite a bit of case law. The most pertinent would be the ‘reasonable man standard’ which would say that it is incumbant upon the potential buyer of a house to notice if a tree existed prior to purchase of the home and realize that trees grow. If the tree was there when you bought the house, I think you have little legal recourse. Please also realize that I am an arborist, not an attorney.
I live in California, my neighbor sent me a letter saying if I did not cut back my branches on my tree that spans about 3 feet over my fence onto his property he was going to hire someone to cut it and send me a bill. Can you do this?
my neighbor has several trees with dead limbs having over onto my property. Some of these limbs are huge and every time the wind blows my yard is full of limbs and sticks from these trees. My fear is that one of these limbs will fall while I’m in my garden working and hurt or possibly kill me (or my dog). What can I do to assure that they are liable for any problems?
My neigbor pecan tree branch is close to my electrical wires and touching my roof. Do I have the right to trim it to my fench line, and do I have to notify her first? Pls send me the answer to my email address, I’m not good with the computer. Thks for the help
Just don’t let him see you ;). Just kidding. I really don’t know any technical details and I’ve never had a case like that to draw experience from. Let me know if you find out anything specific.
i have a neighbors tree that hangs over my property. When fall comes and acorns fall they put dings in my car. Can I trim this tree without permission.? I have asked they don’t want it trimmed. And would I be responsible for buying them a new tree if it died due to trimming?
Neigbor’s pine tree grew so big that its trunk now “trepasses” on my property. About 3 inches of the 25 inch trunk is on my side of the property line. The tree is messy and unsightly but the neighbor “loves” it. He will not remove it. So I “own” a piece of it. If its falls and injures somebody – am I part-owner? Also the tree is now so tall that it shades our rooms. In any case, I do not want the trunk on my property. Please help – suggest a precedent.
Most of the cases I have heard about or read about say that you would get in trouble by doing anything that damages the tree unless it is hazardous to your property. Even then, you should work through reasonable processes with your neighbor. I recommend contacting your insurance company and even your neighbor’s company if you know who they are. Ultimately, there is no written statute in Texas. Some states do have laws on the books. I make a concerted effort to keep my toes out of these waters. There are definitely better arborists to consult with.
Thank you Keith. I will try the insurance, as you suggest. The neighbor refuses any offer including me paying for a part of the cost of removal.
Let me know what happens.
Stan, This may not be timely at all, but just noticed this on Keith’s blog and felt compelled to reply. Keith is absolutely right, there is no statute law concerning an issue such as this but quite a bit of case law. The most pertinent would be the ‘reasonable man standard’ which would say that it is incumbant upon the potential buyer of a house to notice if a tree existed prior to purchase of the home and realize that trees grow. If the tree was there when you bought the house, I think you have little legal recourse. Please also realize that I am an arborist, not an attorney.
@ James – thanks for the comment. I agree.
I live in California, my neighbor sent me a letter saying if I did not cut back my branches on my tree that spans about 3 feet over my fence onto his property he was going to hire someone to cut it and send me a bill. Can you do this?
my neighbor has several trees with dead limbs having over onto my property. Some of these limbs are huge and every time the wind blows my yard is full of limbs and sticks from these trees. My fear is that one of these limbs will fall while I’m in my garden working and hurt or possibly kill me (or my dog). What can I do to assure that they are liable for any problems?
My neigbor pecan tree branch is close to my electrical wires and touching my roof. Do I have the right to trim it to my fench line, and do I have to notify her first? Pls send me the answer to my email address, I’m not good with the computer. Thks for the help
my neighbors pear tree branches hand over my yard can i toss the pears in his yard.
Just don’t let him see you ;). Just kidding. I really don’t know any technical details and I’ve never had a case like that to draw experience from. Let me know if you find out anything specific.
i have a neighbors tree that hangs over my property. When fall comes and acorns fall they put dings in my car. Can I trim this tree without permission.? I have asked they don’t want it trimmed. And would I be responsible for buying them a new tree if it died due to trimming?