Can I cut my neighbor's tree branches that hang over my property?

[beppington]

Neighbor has a large oak close to our shared line, so its large limbs overhang onto my property. I want to cut the low ones so I can mow the fence-line on my tractor, meaning I want to cut them up to 8'-10' above ground. Can I do that without the neighbor's permission? Not trying to start a fight with him, just wondering about the legalities; I'm actually good with him, & I don't think he's going to mind but will find out by asking first. But if he said no & I wanted to do it anyway, can I?

 

[beppington]

Also ... Don't know if this is true, & it's obviously different, but someone told me once that if your neighbor's tree falls on your property, you're each just responsible for your side. But then I had a realtor neighbor tell me that if he notifies me in writing beforehand of a tree on my side that looks like it might fall on his property, & it does, then I'm responsible for damage on both sides. How about that?

 

[Artisan]

If your tree was hanging in his property would you be upset if he cut it?
Maybe, but it is HIS PROPERTY to do w/ as he pleases...BUT, if there are
laws that protect Oaks BEWARE. Knowledge is ammo, call the city arborist
and ask all the questions, take his name, take notes, he will know.

Its just a trim not a chop down yes? I would just cut away. Your dirt, your rules.

 

[wjmst]

Different laws in different places. Some trees may be protected by law in one location but not in another. I would check with the local authorities, then check with the neighbor. In many cases the branches that are on your side are yours.

My neighbor just cut a bunch of our trees on our side and even branches on our trees that are growing toward our side. My wife did not take too kindly to that, so we spent a lot of time and money "fixing" it last month.

We also made it clear to the neighbor not to cut on our property or come over on our property. We documented everything and decided not to press the issue unless something else happens.

 

[dodge man]

This question comes up as part of my job (land surveyor) on a semi regular basis, that and how close can I build my fence to the line. The funny part is, I don't know the answer, and I've done quite a bit of reading on the subject. Of course this also depends on the laws of each state.

I'll give you my general opinion, which may or may not be worth something in Florida. I think you can trim branches on your side of the line, but I don't think you can damage the tree or kill it.

 

[beppington]

If your tree was hanging in his property would you be upset if he cut it?
Maybe, but it is HIS PROPERTY to do w/ as he pleases...BUT, if there are
laws that protect Oaks BEWARE. Knowledge is ammo, call the city arborist
and ask all the questions, take his name, take notes, he will know.

Its just a trim not a chop down yes? I would just cut away. Your dirt, your rules.

Just a trim job, yes. No desire to get rid of the tree, just drive my tractor under its limbs along my fence-line.

 

[beppington]

Different laws in different places. Some trees may be protected by law in one location but not in another. I would check with the local authorities, then check with the neighbor. In many cases the branches that are on your side are yours.

My neighbor just cut a bunch of our trees on our side and even branches on our trees that are growing toward our side. My wife did not take too kindly to that, so we spent a lot of time and money "fixing" it last month.

We also made it clear to the neighbor not to cut on our property or come over on our property. We documented everything and decided not to press the issue unless something else happens.

What does that mean? How did you fix it?

 

[beppington]

This question comes up as part of my job (land surveyor) on a semi regular basis, that and how close can I build my fence to the line. The funny part is, I don't know the answer, and I've done quite a bit of reading on the subject. Of course this also depends on the laws of each state.

I'll give you my general opinion, which may or may not be worth something in Florida. I think you can trim branches on your side of the line, but I don't think you can damage the tree or kill it.

That makes sense, but I was hoping for confirmation.

 

[MistyBlue]

Try calling your local town hall, they should have the answer for you. It does depend on location.

 

[brin]

One of my neighbors huge pine trees fell on my board fence & took out 3 of the boards and created a huge mess in the pasture..I cut the tree up and used my FEL forks to dump all of the tree back on his property over the fence...From whence it came so it shall return...I was not going to pay to haul it away..He is not a good neighbor...has trespassed in the past etc.

I can't believe you would be subject to any legal problem for cutting a branch that hangs above your property...you own the air rights above your property...but I would call him and just tell him you are going to trim the branch - just out of courtesy since you said you two get along.....so far...