Can I trim a neighbor’s tree that hangs over my property?
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Can I trim a neighbor’s tree that hangs over my property?
Our neighbor’s have a tree that hangs over our property and is actually pushing our fence over. Can I trim the tree without permission?
Asked on June 15, 2018 under Real Estate Law, Minnesota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
State laws vary on this issue but most courts hold the view that if a homeowner's tree is causing damage to a neighbor's property, then the neighbor can take action, such as trimming the branches back, although the neighbor must first give notice to the tree owner that they will take such action. In most cases this is the only help that is provided by the law. Also, a property owner who trims an intruding tree can only trim up to the boundary line. Additionally, they cannot cut the entire tree down, cannot destroy the structural integrity of the tree by improper trimming. That having been said, this might constitute "encroachment" (a type of tresspass), so the tree owner may be required to remove the tree. Again, laws on this kind of thing vary from by jurisdiction. You can consult directly with a local real estate attorney to be certain of your rights under specific state law.
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