My neighbors' foliage trees shed in our yard. Can I charge them for the yard maintenance required to keep my yard clean?
by 
ladyrocke
ANSWERS: 5
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yes, you must ask them to trim trees up to their property line, if they do not comply you can charge them for the removal of their debri from your property, this was told to me by a judge when a neighbor took me to court cause a branch fell on his property, I was held liable for remobal.
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I just had the "branch" thing happen to me last year. A tree on my property shed a branch during a hurricane. The branch fell in my neighbor's swimming pool. He wanted my homeowner's insurance to pay to get it removed. My insurance company told me that (and I quote) "I have no legal responsibility because the branch fell during a named storm". If it fell during a non-named storm event, I would have had to compensate him for damage. Even though I did not have to pay him monetarily, I offered to help him remove it anyway as a proper gesture from a good neighbor.... -JT
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A falling limb, in a neighbors yard, is entirely different, than leaves that fall naturally off a tree. mother nature is the director of falling leaves. no one can predict where leaves will land. this is a trivial question. i do not believe any judge, in the united states, would order payment for such leaf maintenance. this occurs to everyone each fall. its part of nature.
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Are you sure that the trees belong to your neigbhor? I believe that the location of a trunk does not define the ownership of a tree and that if your neighbor's "trunk" has branches over your yard, the branches over your yard are your property, not his -- just as the roots on your property are yours and not his. Thus, if branches over your yard shed leaves on your ground, those leaves would be your leaves, not his.
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You can't charge him for the maintenance or upkeep. However, you can trim back those branches to your property line. If the wind blows the leaves into your yard/over your fence, then you'll just have to live with it.
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