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Neighbors Trees Overhanging My Property

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In an increasingly densely populated residential area, more and more of us are experiencing situations where limbs of neighbouring trees are protruding over our property boundaries. While one neighbour can enjoy the shade of a beloved old tree, another neighbour may not notice that the branches have been sticking out in the neighbour’s yard for some time. The issue has become a problem for property owners who love large, older trees, while neighbours have complained about branches overhanging their property. Sources: 4, 5, 16

If a neighbour’s tree problem interferes with your property, try to solve the problem by talking to them. If you believe that the tree or parts of a tree have fallen on your neighbor’s property, you should notify your neighbor and see if they can fix any problems. If the owner of the property has no idea that branches have enlarged the neighbour’s house, which was mentioned several times by the neighbour, and the branches eventually fall on it, he is liable for the damage, even if no branch has fallen on the neighbour’s house or his house or other valuable objects. In addition, the owner of the neighboring property is not liable for any damage caused by it, unless the neighbor’s tree falls on the house and / or other valuables on his property or the trees show obvious signs of disease or rot, as long as he has reported the danger to the city. Sources: 8, 13, 15, 18

If you want to prune the overhanging branches of the neighboring tree and do not actually need a permit, it is best to ask for permission out of respect. However, you should not go to your neighbouring property without permission and should not cut down any part of the tree on your property. You may enter the adjacent property to prune or remove trees or other plants without first obtaining their consent. Felling your tree without your knowledge or consent will only lead to a neighbourly dispute that may take you to court. Sources: 1, 11, 14, 17

You have legal rights when it comes to your neighbour’s tree, but the non-contentious option could lead to a better outcome. Sources: 2

A common question asked by Charleston lawyers is whether a person has the right to cut down a neighbor’s branches that hang over their property boundary. Sources: 19

The owner of the land has the right to take the law into his own hands and remove the branches of his neighbour that overhang his land. My neighbour has a hedge that is causing structural damage to my property and I have no choice but to prune the branches of the trees that grow on my property. Do I pay a tree surgeon or can I cut down the overhanging branches myself? Does my neighbour have the right to the trees I cut off from the branches and branches that hang over his property? Sources: 3, 7, 11, 18

What do I do if a tree on the side of my neighbour’s fence looks like it’s falling on my property? If I know that trees are hanging over my neighbouring property, I can contact him to discuss the matter. If you know you have trees that are above your neighbor’s property Then you can approach your neighbor to talk and discuss. Sources: 7, 11

If you and your neighbour disagree about trees, what you can do depends on who owns the trees and what your local tree code says. If you disagree with your neighbours about your trees, it depends on who owns them. How can I determine my responsibility for my tree and its overhanging branches? If you know how to determine your responsibility for your tree and how it is overhanging, so that, if you know, you can find a fair solution. When I have disagreements with my neighbour about my trees Sources: 0, 12

If my tree grows right on the property boundary, I share ownership and responsibility for the tree with my neighbor. If a tree on my side of the property line is overhanging, it is my responsibility, just as trees on the other side of that line belong to my neighbours. Sources: 0, 6

If half of the trunk of the tree is on my property and the other half is on my neighbour’s side, I have to prune all the branches that hang in my garden. If I have a tree trunk together, I can cut it down and prune the branches that hang in the yard, just like any other tree. Fruit that is still on a neighbour’s tree is not a neighbour’s property, Even if the branch to which it is attached is hanging on the property. So if my neighbours have a fruit tree on our property, but it is on both sides of us, it is theirs as long as we have their consent. Sources: 9, 13, 20

If a branch of the neighbouring tree extends beyond the boundary of the property, we may prune the area that hangs on our property. s property, I have no right to cut down branches beyond my boundary, but I may cut back all the limbs or branches of the tree that extend beyond the boundary of the boundary. So if my neighbour has a tree on his property that is just above the boundary of the property and causes problems, or if it just doesn’t look like it, then I can cut it down. 

Cited Sources

#1 Guide to Neighbors and Tree Dispute Laws

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