What can I do about my neighbor refusing to cut their trees growing over into my yard?

This has been an ongoing problem for over 25 years. the trees continue to damage my backyard shed. I have had to replace that roof and have work done on that roof prior to root replacement. Now I’m worried about the branches growing over my home. My neighbor only trims the trees back only so far saying it will harm the trees I’m a senior and I can’t afford any more costly repairs Please reply

Asked on June 25, 2018 under Real Estate Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Upon notification to your neighbor, you have the right to trim back the tree's branches up to your property line. However, if any damage to the trees results, then you would be liable for it. Further, you might be able to get help from a utility company if the tree or branches are threatening to bring down electric, cable or phone lines. Also, local governments often take action to make owners take care of dangerous conditions, such as hazardous trees/branches on their property. If that doesn't work, you can always sue your neighbor. The legal theory would be that the encroaching branches constitute a "nuisance", since they interfere with your use and enjoyment of your property. Accordingly, you can ask the court to order the owner to remove the tree. At this point, you should consult directly with real estate attorney for further advice.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Upon notification to your neighbor, you have the right to trim back the tree's branches up to your property line. However, if any damage to the trees results, then you would be liable for it. Further, you might be able to get help from a utility company if the tree or branches are threatening to bring down electric, cable or phone lines. Also, local governments often take action to make owners take care of dangerous conditions, such as hazardous trees/branches on their property. If that doesn't work, you can always sue your neighbor. The legal theory would be that the encroaching branches constitute a "nuisance", since they interfere with your use and enjoyment of your property. Accordingly, you can ask the court to order the owner to remove the tree. At this point, you should consult directly with real estate attorney for further advice. 


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