If I have a large tree on my property and my neighbor doesn’t like it growing over to her side, if she cuts so much of the tree that it dies whose liable for its removal?

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If I have a large tree on my property and my neighbor doesn’t like it growing over to her side, if she cuts so much of the tree that it dies whose liable for its removal?

Asked on June 22, 2015 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your neighbor would be liable, since it would have been her deliberate/intentional, or else negligent/careless, act which damaged or destroyed your property. However, to avoid possible litigation and/or municipal complaints traded back and forth with your neighbor, you would be best off having the tree professional trimmed back from her property. Bear in mind that if the tree falls onto her property, or a branch falls from it, and damages anything she owns or injures anyone, *you* would be liable for the damage or injury(ies).


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