If your neighbor has huge tree limbs hanging over in your yard is it their responsible for cutting them?

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If your neighbor has huge tree limbs hanging over in your yard is it their responsible for cutting them?

My neighbor has big trees next to my fence the limbs are hanging way
over my fence covering some of my plants. They have been ask to cut
them but they won,t is there a law that says they have to.

Asked on November 8, 2017 under Real Estate Law, Mississippi

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a general rule, it is not the responsibility of the owner of a tree for cutting branches th overhang into a neighbore's yard. However, you have the right to trim them but just be careful not to harm the tree. If you do, then you could be held liable for any damage to it. That having been said, you might be able to get help from a utility company if the branches are threatening to bring down any power lines. Also, city/county governments often step in and take action to make an owner take care of a dangerous condition. If that doesn't work, you can always sue your neighbor. The legal theory would be "nuisance", since the branches interfere with the use and enjoyment of your property. At this point, you should consult directly with real estate attorney for further advice.


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