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

UPDATED: Oct 1, 2022

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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


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

Answered 5 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.

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.

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