ANSWERS: 26
  • Yes, or you can cut it yourself as long as you don't cross the property line with the trimming.
  • Got a fence? That makes it easier. Just don't go too overboard. You can either ask them to do it, or volunteer yourself. This way it seems polite :)
  • You can always ask. maybe even offer to to the work or pay half to get it pruned back. Legally you have the right to trim from your property, anything across the property line is yours.
  • Here is an excellent source which might help you figure out what you can do about this problem: http://www.asca-consultants.org/news_ascanews_03.html - - - - - - [Excerpt from website] - - - - - - Tree Law: The "Top Ten" Issues Attorneys Should Consider When Handling Disputes Over Trees By Barri Kaplan Bonapart California Lawyer March 2002 It is a familiar story. A client comes into a lawyer's office, complaining that his neighbor has just hacked his trees without his permission, and wants legal representation. Although the lawyer has never handled a "tree case," she has practiced civil litigation for years, maybe even in real estate litigation, and feels confident in her abilities to fight the good fight. She says to herself, "How hard could it be?" But after one year, tens of thousands of dollars in legal fees, and a very disappointed client, the lawyer tells herself that she won't ever handle another tree case. What went wrong? Why are tree cases so thorny? What can lawyers do to help their clients obtain quicker, more cost-effective results? In California, where trees are plentiful, homes are close to each other, and homeowners often have a disproportionate sense of entitlement, the number and variety of tree disputes are enormous. Whether the issue is one of trees blocking views, roots lifting driveways, trees causing property damage or personal injury, trees dropping debris, or acts of vandalism against trees, it is important not to underestimate the complexities of the dispute when initially deciding whether to take the case and how to get the best result. 1. Getting to the root of the problem. Tree problems usually fall under the heading of neighbor disputes, which tend to be rancorous and even downright nasty. It is not unusual, therefore, for the client walking through your door to be angry and distraught. For many anxious clients this will be their first foray into the legal world.
  • In the UK the legal answer is "Yes, but you must give them back ALL the matter you have cut off." But you may ONLY cut the overhang Very tempting, especially with cupressus leylandii, to hurl it onto the middle of their immaculate lawn!
  • Check out the laws in your area. Last I heard, any part of a tree on your side of the fence is yours. If it bears fruit in your property, the fruit is yours or if it just gets in the way then you are free to cut it back but only to the fence line.
  • I seriously don't understand what problem the neighbor could have. It is just a tree and it is not like you would be cutting the whole thing down. It is the equivalent of a person getting a haircut. You are just trimming off what you don't want and it doesn't hurt you to do it. I wish I was your neighbor. I wouldn't do it myself cos I'm the laziest person on earth but I would let you do it.
  • I say talk to the neighbor first and then, yes, cut the part of the tree that is blocking your way. There might be some legal something on hurting a tree that is owned by a neighbor, but I don't think it would be anything.
  • Property laws are governed by the state. It depends on what state you are in (if you are in the U.S.). Most states have a "self-help" law which says that, once it grows over your property line, it is your property. You may cut it back to the property line without repercussion or consequence. However, you may not use malice or cause harm to it or cut it back in a manner which is destructive. Different states have different guidelines about how many inches over the property line it has to be, or some states require you to give your neighbor notice and a chance over a certain number of days to cut it back themselves etc. There is likely a legal advocate in your state who can answer this type of question for free. Look in the blue pages of your phone book.
  • no.. you should have moved the garden to a better location. fighting with neighbors over silly things is not what you need. ask yourself how you would feel if a neighbor wanted you to change your yard for his or her convience.
  • In CA, if the tree crosses the property line, you can cut that part of it that extends into your property.
  • Yes ,just ask it can't hurt.
  • Yes. Out of courtesy, I would ask them first and then offer to cut off the part of the tree that overhangs into my yard. Only don't do what some people did to me once - cut some branches off a tree and then toss them into my yard and onto my garden and kill some of my plants. I thought that was pretty rude. I would have been happy to pay for half the cost of their getting in a tree lopper had they asked me first.
  • yes, but ask them politely
  • Yes you do.
  • You could 'secretly' (at night wearing black) dig up his tree, taking care about the lawn, and move it back 10 feet. Nobody will notice, and your garden will love it.
  • I've got a worry now because 2 days ago, my neighbour said that a palm tree I have that is quite close to our fence line is putting some cracks near his driveway. I couldn't see any cracks and agreed only if the tree wouldn't be killed but he said it probably will be but he offered to get me a new one. Thing is, it was a present from my mum and a rare variety and I don't know if he could find another one. It really upsets me to think of my tree being cut down and poisoned but maybe I should get some legal advice. He has put poison along the fence line further up and it has damaged some of my other plants but I don't want to get on bad terms with them as we've lived next to each other for 20 years.
  • Yes in the UK too. Ask politely... but it is legal for you to cut it back as far as the boundary yourself
  • You sure do have the right to ask them to cut it back ... However, If you want, YOU can cut the limb(s) back to the Property Line ....
  • Yes you do - and you may be able to cut it yourself without their aproval, ( check your local laws first ), but ask them nicely to trim their tree before taking matters into your own hands.
  • You have more than a right to ask them you have a right to cut it yourself.
  • Most municipalities have a by law that covers this problem. You are not allowed to impede anything of you yard onto a neighbors that may cause him distress. So Shadows from a tree tough luck, the tree itself call in the pruners. I would suggest you bring it up to him or her first. Provoking an escalation is not in your best interest. But do be adamant on your stance.
  • Yes, and to cut them back. Check your local laws, where I live even the cut branches remain the property of the neighbour and you have to offer to return them.
  • You have a right to cut anything over your property line, BUT it's perfectly ok to ask your neighbors to do it first.
  • Most states have the basic public property laws. Any overhanging branches you can chop down. But like any good neighbor, talk to the neighbor about your concern. If they say ok, borrow their saw and let them help you cut it down. Then break out the beer and have a couple. I believe,but not certain, you need to check your state law, if the branch fell on your roof and damaged it, guess who pays. Not your neighbor. Check your State laws before doing anything
  • If its over the fence then yes, other wise it depends on who has been there longer and did you just recently start growing your garden there or has it been there for years and the tree has just gotten huge.

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