If I have a tree planted as a property border, does my neighbor have the right to cut tree limbs that hang over into his property.

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have a tree planted as a property border, does my neighbor have the right to cut tree limbs that hang over into his property.

Asked on April 28, 2009 under Criminal Law, Louisiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Absolutely he does.  Why?  Because it is considered a trespass/encroachment onto his property and he has the right to remove them if it substantially intereferes with the use and enjoyment of his property.  Btw, this is law 101.  He has a right to cut the limbs or whatever else that hangs over onto his property.  And further, he doesn't have to tell you about it, either.  Also, if your tree limbs that have encroached onto his property cause any damage (i.e., hits the car, a window, etc), you will most likely be held responsible. 

Some case law includes:

King v. Young Properties, 893 So.2d 895 (Ct. App. 3d Cir. La., 2004).

 


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 with SHA-256 Encryption