What can happen if I asked a neighbor if I could trim a couple of limbs hanging over my property line and she said OK but now she is up set because the tree looks, “out of balance”?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can happen if I asked a neighbor if I could trim a couple of limbs hanging over my property line and she said OK but now she is up set because the tree looks, “out of balance”?

Asked on July 31, 2015 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is her tree, correct? And she voluntarily agreed to let you trim it, correct? In that case, nothing can happen but hurt feelings and a possibly hurt relationship with the neighbor: you have no obligations or liability for what she voluntarily agreed to do or let you do, even at your request, to her tree, so long as you did not give her any guaranty or warranty, did not lie or misprepresent your skill or ability (e.g. you didn't claim to have experience or training which you lack), and did not deliberately or negligently (*unreasonably* carelessly--the tree-trimming equivalent of DUI or texting while driving) damage the tree--that is, the mere fact that she does not like how it came out does not impose any liability on you. That said, it may be the better part of valor to offer her some compensation--maybe to pay for, or at least contribute to, a tree service to "clean up" the tree--since unless you or she are moving soon, you will be neighbors for a long time; and speaking as someone who had a long-running dispute with his neighbors once, I can tell you that bad blood with your neighbors is something to be avoided. However, doing this would be your choice; based on what you write, she does not appear to have any valid or enforceable claim against you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is her tree, correct? And she voluntarily agreed to let you trim it, correct? In that case, nothing can happen but hurt feelings and a possibly hurt relationship with the neighbor: you have no obligations or liability for what she voluntarily agreed to do or let you do, even at your request, to her tree, so long as you did not give her any guaranty or warranty, did not lie or misprepresent your skill or ability (e.g. you didn't claim to have experience or training which you lack), and did not deliberately or negligently (*unreasonably* carelessly--the tree-trimming equivalent of DUI or texting while driving) damage the tree--that is, the mere fact that she does not like how it came out does not impose any liability on you. That said, it may be the better part of valor to offer her some compensation--maybe to pay for, or at least contribute to, a tree service to "clean up" the tree--since unless you or she are moving soon, you will be neighbors for a long time; and speaking as someone who had a long-running dispute with his neighbors once, I can tell you that bad blood with your neighbors is something to be avoided. However, doing this would be your choice; based on what you write, she does not appear to have any valid or enforceable claim against 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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption