Does my neighbor have the right to prune branches from my tree and dump the cuttings back into my yard?

If my tree has branches overhanging a neighbor’s yard I understand that he has the right to prune them if he wants. Does he have the right to prune them then dump them back into my yard? He has not come to me asking me to take care of the problem which I would gladly do. He simply prunes them then dumps them over the fence into my yard. Does he have the right to rake the leaves that fall from my tree into his yard back into my yard? He has a gardening service that takes care of his yard yet he wont have them take either the branches or leaves.

Asked on November 12, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your neighbor has the right to trim branches from your tree that comes over his property line so long as he does not harm your tree. However, once he cuts the branches overhanging his property line, the branches are his and he is not allowed to toss them back over.

The same goes with the leaves. Leaves blown onto his property by the elements from your tree are his and he is not to give them back to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.