If I have a tree planted as a property border, does my neighbor have the right to cut tree limbs that hang over into his property.
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If I have a tree planted as a property border, does my neighbor have the right to cut tree limbs that hang over into his property.
Asked on April 28, 2009 under Criminal Law, Louisiana
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Absolutely he does. Why? Because it is considered a trespass/encroachment onto his property and he has the right to remove them if it substantially intereferes with the use and enjoyment of his property. Btw, this is law 101. He has a right to cut the limbs or whatever else that hangs over onto his property. And further, he doesn't have to tell you about it, either. Also, if your tree limbs that have encroached onto his property cause any damage (i.e., hits the car, a window, etc), you will most likely be held responsible.
Some case law includes:
King v. Young Properties, 893 So.2d 895 (Ct. App. 3d Cir. La., 2004).
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