Who is responsible for trimming an overgrown tree on my neighbor’s property that hangs over my fence and pool?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who is responsible for trimming an overgrown tree on my neighbor’s property that hangs over my fence and pool?

I purchased my house 6 months ago and am having a problem with my not so friendly neighbor/s overgrown tree that hangs over my pool. The tree is not touching my property but is hanging over it. Who is responsible for trimming this oversize and overgrown tree? Also with the location and size of the tree branches I’m afraid that if I had them cut they will damage my pool and or the fence that divides our properties. Who owns the air space? If I’m responsible do I have to tell my neighbor before I cut the branches? He has already made it clear he would not be cutting the branches and threatened to sue if we cut them and the tree dyes.

Asked on April 4, 2012 under Real Estate Law, Arizona

Answers:

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

Answered 9 years ago | Contributor

Neighbors and trees are difficult situations at best. If the tree trunk is solely in your neighbors yard then they own the tree.  It is also their responsibility to prune.  However, you have a right to trim any branches that come over to your side and over hang on to your property. But make sure that you do not cause the tree to become damaged or to die because you could be liable for the cost (and in some states 3 times the cost). Your neigbor can not sue you if you properly trim (or they can because this is America but they can not win). Hire a professional company to do this especially with the issue of the fence and the limb size.  You do not have to have his consent or give him notice.  Good luck.   


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