If my tree has branches that are on my neighbor’s side of the yard, if they trim them can they just throw them into my yard?

A tree is in my backyard. The neighbor trimmed some branches that were on their side of the fence. They threw those trimmed branches over the fence into my yard. Is that right? If not, what recourse do I have? I don’t want this to happen again.

Asked on November 30, 2011 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. Under the laws of all states in this country, if vegetation on one side of a neighbor's property grows over onto another neighbor's property (neighbor 2), neighbor 2 can legally cut back the branches and other items of the vegetation from his or her property so long as the tree or shrub is not damaged or dies.

However, once the limbs and branches are then cut by neighbor 2, neighbor 2 must dispose of the material in an acceptable manner. Tossing them back over the other neighbor's fence is simply not an acceptable way of disposing of the debris after it has been cut.

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