If my tree branches are hanging over into the neighbor’s yard, do have the right to just cut them?

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If my tree branches are hanging over into the neighbor’s yard, do have the right to just cut them?

They are not in any way obstructing, near or damaging their dwelling. If they do have the right to cut the branches, do they have to dispose of them since they cut them off? Also, do they have the right to trespass on my property and climb my tree in order to accomplish this task?

Asked on June 14, 2015 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) No, they do not have the right to cut branches off your tree.

2) They in particular do not have the right to trespass--and it is trespass--on your property and climb your tree.

3) If your branches do damage any of their belongings (or those of guests) or injure them or guests, you would be liable (financially responsible) for the injury

4) If there is any town code/ordinance about tree branches which you are violating, they could file a complaint with the town.

5) If your brances are a nuisance, they could bring a civil action for nuisance against you.


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