To remove the tree, both property owners must consent.
In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree owner. Instead, the neighbor can go ahead and trim the tree himself. In some states, however, neighbors may sue under certain conditions, including: If the tree encroaches onto the neighbor's property, the neighbor may sue to make the owner cut the.
Sep 07, The tree is on my neighbor's property, but hangs over into my yard. My house has a large backyard with a high fence separating the side of my yard and the back of my neighbor's yard. Around 8am, I heard noises in my yard from upstairs and looked out the window to see an unknown man in my backyard q tip fall tree tree limbs from my neighbor's tree.
There are no other structures involved, just large roots growing on my lawn.
Apr 19, The tree has already encroached on a privacy fence, and created wide cracks in her patio. But the HOA says Armstrong needs their approval before she can have the tree removed. Unfortunately, they’re not about to provide approval. The homeowner would like to remove the tree without approval, but, in doing so, she risks being fined by the HOA. Dec 17, mistysue said: that doesn't matter. If the tree is on the neighbor's property it is"their" tree, and they were hiring a service, so any damage it does is the neighbor's issue.
Because the tree people were doing work, it is the tree company's responsibility but if they don't cover it the neighbor's are liable for bushnotch.barted Reading Time: 9 mins. Mar 19, Yes, he does. As long as he cuts only the parts of the tree that goes over to his own side of the fence, he can do so without having to ask for your permission. But there’s a catch.
An individual is only allowed to trim a neighbor’s tree up to the property line.
Any hardwood tree species with a diameter of six inches or larger must have a permit to be cut down, and pine trees that have a diameter of 12 inches or more must have a permit before tree service professionals uproot them.
He may not enter the neighbor’s property to trim or destroy the tree. If limbs or branches from your neighbor’s trees extend into your property line, you are legally allowed to trim the areas hanging over your property.
When trimming them, however, you must stay on your own property. This means you may not go into your neighbor’s yard for a better angle when cutting or destroy the tree.
Mar 30, If your neighbor refuses to budge and insists on leaving the tree in place, express your concerns in writing via email or a certified letter. That way, if that tree does damage your property, you can prove that your neighbor may have been negligent by not taking it down.
Sep 12, If that has happened, your neighbor could be required to remove the tree. Your options may be limited if the tree is situated on the property line.