If branches on a tree in my neighbor’s yard hangs into my yard, dropping leaves into my yard and gutters and rests on power lines, whos responsibility is it to correct(prune/trim/cut down) the tree?

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If branches on a tree in my neighbor’s yard hangs into my yard, dropping leaves into my yard and gutters and rests on power lines, whos responsibility is it to correct(prune/trim/cut down) the tree?

If branches on a tree in my neighbor’s yard hangs into my yard, dropping leaves into my yard and gutters and rests on power lines, whos responsibility is it to correct(prune/trim/cut down) the tree?

Asked on July 2, 2009 under Real Estate Law, New York

Answers:

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

Answered 14 years ago | Contributor

A homeowner bears the responsibility to maintain trees on their land.  If the tree trunk is entirely on their land they own it.  If it is on both your lands ( the boundary lines) you both own it and neiterh can remove or prune it without the other's permission, and especially do any type of pruning that would damage the tree as a whole.

However, you have the right to prune back any branch that comes over your property line. But don't prune past the border and you need to get rid of the branches yourself. 

If it is a fruit tree don’t even think about picking any fruit. The fruit of a tree belongs to the owner. You can usually take the fruit that falls in your yard. But don’t try to outsmart the law by pruning branches just to get the fruit.

And remember: some trees are ornamental and can cost a lot to replace.  Don't get yourself involved in a potential lawsuit.

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

Answered 14 years ago | Contributor

A homeowner bears the responsibility to maintain trees on their land.  If the tree trunk is entirely on their land they own it.  If it is on both your lands ( the boundary lines) you both own it and neiterh can remove or prune it without the other's permission, and especially do any type of pruning that would damage the tree as a whole.

However, you have the right to prune back any branch that comes over your property line. But don't prune past the border and you need to get rid of the branches yourself. 

If it is a fruit tree don’t even think about picking any fruit. The fruit of a tree belongs to the owner. You can usually take the fruit that falls in your yard. But don’t try to outsmart the law by pruning branches just to get the fruit.

And remember: some trees are ornamental and can cost a lot to replace.  Don't get yourself involved in a potential lawsuit.


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