What to do bout encroaching tree limbs onto our property?

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What to do bout encroaching tree limbs onto our property?

Just purchased a new house. Neighbor to the south has several tall pine trees along the fence line. About 6 or so large tree limbs, as well as 3 or 4 smaller ones, are well over the property line; 2 of the larger limbs are over our roof and just a couple of feet or so from touching the shingles. Pine needles are all over our yard and clogging the guttering on our house. Before I visit with my new neighbor, I’d like to know exactly what his responsibilities are for trimming the limbs and what rights I have if he won’t voluntarily trim the trees.

Asked on August 7, 2012 under Real Estate Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should check local ordinaces and rules but the general rule is that he is responsible for trimming his trees.  But if he will not then you can legally trim back any tree that hangs over your property line BUT you can not do damage to the trees (i.e., kill them). Good luck.


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