Am I Allowed To Trim My Neighbors Tree If It Hangs Over My Property Line?

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  • čas přidán 9. 11. 2016
  • Am I Allowed To Trim My Neighbors Tree If It Hangs Over My Property Line?
    rdwaller.com

Komentáře • 108

  • @p51nion
    @p51nion Před 6 lety +32

    Best of all solutions: Live well away from the vast dismal swamp of humanity.

    • @royhoco5748
      @royhoco5748 Před 6 lety +2

      amen, one if the reasons I moved far out in the country

  • @jeffa847
    @jeffa847 Před 2 lety +8

    In a lot of areas the common law is you can trim up the property line UNLESS you are going to kill the tree or make it unbalanced or otherwise unsafe.

  • @Pw6872
    @Pw6872 Před 2 lety +5

    The problem typically starts with the HOME BUILDERS/LANDSCAPERS THEMSELVES. They plant foliage too close to the lot lines in their attempt to maximize the appearance of the lot's size, knowing FULL WELL the foliage will grow in time over the property line.

  • @dustbitten
    @dustbitten Před 2 lety +5

    I just bought a house and before even introducing themselves my neighbor passed a message along to “get that limb off my house” because one of my Queen palm’s branches is brushing its leaves along their second story window and roof. While I do intend to take care of it because I’m sure it’s really annoying, it’s a relief to know I’m not obligated to fix it right away and they are welcome to trim it themselves if they can’t wait because again, I just bought a frickin’ house, I’m too low on funds to prioritize hiring somebody or purchasing a ladder that could reach that high.

  • @peach495
    @peach495 Před 6 lety +10

    In Michigan the same rules apply. So long as you stay on your property to do the work you can trim the overhang. There is a caveat regarding the life of the tree. If you kill it in the process he can sue you.

  • @mofo7689
    @mofo7689 Před 9 měsíci +2

    In New England, I was a 3d shift IT supt specialist. A roadway into work was a remote 2 land road with tree branches spanning over the middle, and drooping to about 12 ft. On a particular night, the tree branches blocked enough of a speed limit sign to a point it could not be read. The LEO attempted citing me for driving while distracted, until I took a photo of it. It was a city roadway and branches beyond as much as 50 feet from the root. Upon winning the case, a city crew then cut down the extended branches from the root levels, thereby also no longer blocking the sign. Since the "hidden sign" location became known, its engineer stake was also removed and relocated to an unknown place for further similar antics. The LEOs attempted to recognize the event as a late night outing until I clearly demonstrated it happen to be a 3d shift work day as I was not tired or had an alcohol content in my blood.

  • @davep6977
    @davep6977 Před 2 lety +2

    Here's one for you. When I was a electrical contractor (EC) I got a call for lines down/no power. Home owner A did just what you said. He trimmed the branches hanging over on his property. This made the tree very unbalanced. So, the a few months latter the tree fell over onto the tree owners property (B). This opened a can of worms. It tore down the electrical service off the hose along with some siding. I was called to repair the electric riser and meter base. One big issue. B had 60 amp service which had to be upgraded to 100 amp. I could not re-install a 60 amp. The minimum upgrade was like $4000.00 because to pass inspection a new panel and some associated circuits had to be installed.
    This turned into a big cause and effect issue.
    The city did allow me to do 3 day temp and even though they called, no one would commit to paying me. I never heard what ever happened.

  • @krakenwoodfloorservicemcma5975

    Beware, if you trim overhanging branches from your neighbors tree, and that tree dies, you can be held responsible. Shitty deal, but it’s true in some areas.

  • @ryosukeasai4969
    @ryosukeasai4969 Před 3 lety +5

    I asked my neighbor nicely couple times and his answer is “It’s too expensive to trim the tree, it should be good exercise for you to clean the leaves” 😡😡😡

    • @syoncav
      @syoncav Před 3 lety +3

      Buy a good leaf blower, and blow it all back in their yard

    • @cmoore421
      @cmoore421 Před 2 lety

      Sounds reasonable to me. Why do you hate nature so much

  • @c2757
    @c2757 Před 9 měsíci

    In the UK the standard legislation is that the home owner has no right to allow his tree to encroach on anyone else's land BUT a tree growing on his land is his property. So if next doors tree grows over your land, you are entitled to lop off the overhanging bits but you have to throw what you have lopped off back onto the owners property. The same applies to trees growing over (e.g.) a road. The local authority is entitled to lop off any overhanging branches but they have to return the lopped branches to the owner in the same way. However, they can also send YOU notice to remove branches overhanging the road and can then send you the bill for their costs if they have to send out a contractor because you fail to do it.

  • @georgewashington1106
    @georgewashington1106 Před 9 měsíci

    State laws vary. Some state laws hold a person liable if the tree dies, some don't. If by chance you're dealing with this issue in Washington, look up Mustoe v. Ma. The court ruled in favor of the person who dug up a trees roots, thereby killing the tree. The decision was appealed, and the appellate court ruled that the person digging the trench had no duty of care.

  • @rmrm1002
    @rmrm1002 Před rokem +1

    Essentially, it’s a crapshoot it seems like because any tree could possibly die.

  • @oborobor1563
    @oborobor1563 Před 5 lety +1

    ~ Great basic information!

  • @phyl1283
    @phyl1283 Před 9 měsíci +1

    I had a wonderful neighbor whom we had lived next door to for many years. We were friendly with each other. A tree that was well on her side of the property line had a dead spot in the trunk that she was not aware of. I told her about it and she immediately called a tree surgeon to come out to provide a cost for its removal. He quoted it a $640. I told the lady that I would pay half the cost of the removal of the tree. She objected but I insisted and the tree was removed at a cost of $320 to each of us. A week later she asked if I could accompany her to Walmart to buy another tree to replace the one that had been removed. I agreed to go with her and helped her select a healthy tree of the same type. I let her pay for it and hauled it to her house in my pickup truck. I told her I would plant the tree for her near the site of the former tree. I did so the next day. The replacement tree is growing well and although the dear lady has since passed on, we have something to remind us of her each time we look out our kitchen window. That's how good neighbors help each other. No lawyer necessary. I live in Tennessee.

  • @joeharris3878
    @joeharris3878 Před 9 měsíci +1

    First thing to do is to bring the thing up
    in nice, friendly diplomatic way. If he agrees, good.
    If not, forget about it.

  • @SuperDoright
    @SuperDoright Před 5 lety +5

    What about the neighbor trimming limbs of a bush hanging over the line and leaving the mess on my side?

  • @muaddib7685
    @muaddib7685 Před 9 měsíci

    In my state: Yes and no.
    You can not trim it so that it dies or harms the tree, thus, if the trunk dramatically leans over your property, you can only notify the nehibor to document it as a hazard for liability.

  • @bobralph5072
    @bobralph5072 Před 2 lety +2

    Question ,, recently purchased a condemned house and lot , the house will demoed and new house built back. Property was surveyed. Two trees along property line dern sit right center of the line. They need to ne gone. I know we can cut limbs from our side. Can we cut the whole tree. Or are we joint owners with the neighbor..

    • @WallerandMitchell
      @WallerandMitchell  Před 2 lety

      Bob, give me a call at 727-847-2288. I would like to talk further with you.

  • @fredcannon1765
    @fredcannon1765 Před 9 měsíci +1

    If a tree on my property blew over and damages my neighbors property, in Texas it’s an act of God.But it’s important for that the fallen tree is to be cut off at the property line. Damage clean up is now on both homes , not on yours only. Most cleanup of situations likely are greater on the neighbors property. Saving you of labor ,time ,and $.

  • @TXDude
    @TXDude Před 9 měsíci +1

    Not always true. In Texas, if the overhang has been there 12 years, a Right of Way exists. It takes the neighbor's agreement or a court order. Without either, the neighbor can sue you. The bigger the tree the bigger the lawsuit.

  • @dperry19661
    @dperry19661 Před 6 lety +6

    If you own to the center of the earth. Does your property footprint decrease as you dig down? And the FAA would have problems with you claiming ownership of the airspace above your property.

  • @woodymoto2326
    @woodymoto2326 Před 10 měsíci

    Some counties have codes that force neighbors to trim or remove I Hate My Neighbor Bushes that reach a certain height or encroach in a neighbor's property that causes a fire hazard, etc. In the code it will list fines and in some cases the I Hate My Neighbor Bush owner will have to pay the county for the county removing the bush.

  • @funlist1153
    @funlist1153 Před 3 lety +2

    My old neighbor is good. But the younger new neighbor/owner just move in for a couple day now and already making trouble want us to do something about our tree because he said he clean the leaf "everyday" on his side of the fance? Lol. He say he try to be nice and don't want to take this to the bad side that we need to don't something about it... Can he sue?

    • @WallerandMitchell
      @WallerandMitchell  Před 3 lety

      Fun list, give me a call at 727-847-2288 so that we can talk about this issue.

  • @benvasilinda9729
    @benvasilinda9729 Před 6 lety +4

    I live in Tallahassee and just added tree trimming to my landscaping business and your video just answered a question that I’ve dealt with for years. Is there a way I could download this law as proof when I have a client that is hesitant in believing me or a neighbor that has issues with me cutting in his tree? Thank you sir.

    • @ph11p3540
      @ph11p3540 Před 3 lety +2

      Check your states land use and property regulations first and download any PDFs from their public domain government sites. What clauses apply in Michigan do not necessarily apply in Florida.

  • @richardblunt7539
    @richardblunt7539 Před 6 lety +4

    In the state of New Jersey you can trim the tree back only to the property line and if there are surface roots on your side of the fence you can also grind them out to with a stump machine

    • @bellofigoitaliano5038
      @bellofigoitaliano5038 Před 3 lety +3

      You have to be careful with roots, roots are more serious than branches

  • @ReefMimic
    @ReefMimic Před 4 lety +2

    Should I record myself on video cutting the overhanging trees over my property ?
    I could see my lovely neighbor saying I trimmed it on their side of fence...
    What about bamboo roots starting to come through the fence / ground to my side ? Roundup? They can be hard to get rid of if not taken care in the beginning and destroy water pipes in worse case scenario.
    Talking with them gets nowhere. What they say and do are two separate things...

    • @rhymereason3449
      @rhymereason3449 Před 3 lety +1

      Your neighbor would have to have evidence that you trespassed to prevail.

  • @stevek5416
    @stevek5416 Před 5 lety +20

    My neighbor's Ficus tree was dragging on my roof. It also had roots that had invaded my waste line to the sewer. I told him to trim the tree, but he just said, " It costs too much..." So I cut the overhanging branches and piled them by the trunk of the tree. I also dug down about two feet cutting all the roots I could find. Then, hurricane Francis came and blew the tree onto his roof. I was elated!

  • @danlewis1871
    @danlewis1871 Před 5 lety +2

    By the time they talk to lawyer, it's all been done already.

  • @larryclem4167
    @larryclem4167 Před 3 lety +3

    My neighbor and I split the cost of removing a tree. It was mostly on my side but the tree trunk was actually inches over the line.

    • @rhymereason3449
      @rhymereason3449 Před 3 lety +3

      In most states that would be considered a tree owned 50% by both of you... although some states try to pro-rate and some claim the tree belongs wholly to the side that the majority of the trunk is on.

    • @larryclem4167
      @larryclem4167 Před 3 lety +2

      @@rhymereason3449 it worked out well for me and my neighbor...no problem. In Texas, any limb that grows over the property line, is the responsibility of the neighbor, regardless of where the trunk is. I found that out.

    • @larryclem4167
      @larryclem4167 Před 3 lety +1

      To be clear, if my tree limbs grow over the neighbors property line, the neighbor is responsible for those limbs up to the property line...even though the trunk is entirely on my side. That's in Texas.,

    • @Cgh432
      @Cgh432 Před 3 lety +1

      That's a nice neighbor

    • @richardstrick
      @richardstrick Před 10 měsíci +1

      My neighbor had a tree right near the property line, funny thing when it came time to remove it he decided the property put the tree on my property. 😅

  • @treehouse2902
    @treehouse2902 Před 6 lety +2

    I assume that if the tree branch hanging over your property produces delicious fruit you can pick it. Or do you have to wait until it falls on the ground. Imagine expensive mangos, avocado, oranges etc. and my property is not in danger and I don't care about the leaves.

    • @finalfantasy3808
      @finalfantasy3808 Před 2 lety

      You are not allowed to take the fruit off of your neighbor's tree that extends over the property line. You are only allowed to cut/trim the overhanging branches on your property and then return it to the neighbor.

  • @ginoturrella9985
    @ginoturrella9985 Před 9 měsíci

    Mr attorney you've forgotten one thing. What happens if a neighbor has a tree on his property against the fence line? The homeowner trims to branches On his property so far back that the tree dies. A strong wind comes through and the tree crashes through the neighbor's house. The damaged electrical wiring causes the house to catch on fire and burn to the ground. Which in turn causes a chain reaction. Now there's a maui scenario. Of course the neighbor could not get his dog out in time. How do the Courts handle that ?

  • @ReefMimic
    @ReefMimic Před 4 lety +3

    Can I cut down nuisance overhanging tree that’s on my property and throw the trimmings back onto their property?

    • @larryclem4167
      @larryclem4167 Před 3 lety +5

      In Texas, anything growing over the line belongs to you and it's your responsibility.

  • @okolemahu
    @okolemahu Před 9 měsíci

    Yes you are and by all means throw the cuttings back into your neighbors yard.

  • @frankbevan413
    @frankbevan413 Před 6 lety +9

    How about the roots of the tree?

  • @localcrew
    @localcrew Před 9 měsíci

    Make that warning letter to your neighbor a certified letter. Keep a copy, of course. Judges love that sh!t. Trust me on this.

  • @davidav8orpflanz561
    @davidav8orpflanz561 Před 9 měsíci

    But, the FAA controls everything in the air, over my propertie's ground!!!😅
    Maybe I complain to the FAA that there is unauthorized dripping of objects, onto my property? 😅😅😅

  • @savagenomore
    @savagenomore Před 9 měsíci

    lady behind me came over and said I needed to cut down MY tree (natural 35 year growth not planted) that is 2' inside of my property line because her insurance said it was to close to her house now that she built a covered carport, I told her her new covered carport could possibly be in violation of the city set back ordinance and my tree was there first so take me to court, it's been 3 years and I haven't heard back from her...

  • @billm4330
    @billm4330 Před 3 lety

    Yes you can..next question.

  • @ChickenPermissionOG
    @ChickenPermissionOG Před rokem

    what if the tree is damaging your fence?

  • @davidav8orpflanz561
    @davidav8orpflanz561 Před 9 měsíci

    Higher fences, make better neighbors!😅

  • @SlimThrull
    @SlimThrull Před 9 měsíci

    1:25 Oh, thank goodness. A common sense approach.

  • @nathanbrodeur
    @nathanbrodeur Před 3 lety +3

    Can I put a fence on my side of the property line with one side the posts touching the property line without notifying my neighbor ?

    • @WallerandMitchell
      @WallerandMitchell  Před 3 lety

      Nathan, good question. Please call my office at 727-847-2288 and I will be happy to talk with you.

  • @mts7274
    @mts7274 Před rokem +2

    What if the neighbor has a tree that dumps tons of leaves on my property every fall? The tree is clearly on their side of the property line, but it takes so much time to clean up this mess week after week!

    • @lym3204
      @lym3204 Před 9 měsíci

      Once an old man put a letter into the mailbox of a guy across the street telling him to come over and pick up his leaves that were blowing into his yard. He had dementia. Another time a neighbor told me she should tell her neighbor to come over and clean up his leaves that she has to take care of every day when the tree was not overhanging her side. That reminded me of that demented old man so I thought this lady was a little off. I think you should invest in a good cordless blower and take care of the leaves yourself like I do. You could also ask your neighbor to trim his tree as much as possible but legally you can't do anything. Where I live there are a lot of large trees planted on the sidewalk owned by the state that dump a lot of leaves onto people's properties.

  • @bobberguy1
    @bobberguy1 Před 6 lety +8

    Bottom line: Attorneys charge too much .

    • @finalfantasy3808
      @finalfantasy3808 Před 2 lety

      "Our Father who art in heaven...thy will be done on earth as it is in heaven". Earth has judges, attorneys, defendants, and accusers like it is in heaven, because it's God's Will to have heaven and earth agreement.
      JUDGE: YHWH (God the Father), Isaiah 33:22
      ATTORNEY: Jesus Christ (God the Son), 1 John 2:1-2
      DEFENDANT: Mankind (Revelation 20:12)
      ACCUSER: Satan, Revelation 12:10-12
      BAILIFF/POLICE: Angels, Matthew 13:41
      PRISON GUARDS/TORMENTORS: Demons, Matthew 18:34
      God has many more titles that relate to earthly professions as well, like a business man, a Father, Farmer, property owner, shepherd, a King, High priest.
      A man named David E. Taylor claims he saw Jesus face to face. He said that God told him, "Everything I have written in that book (Bible) I have lived myself".

  • @lesterjoseph2210
    @lesterjoseph2210 Před 5 lety +1

    i am in texas and the law maybe different. my neighbors fence is two& half in to my property. how can i rectify that please i need help

  • @marklance033
    @marklance033 Před 2 lety +1

    I am in Georgia. What kind of attorney can I ask about this topic?

    • @WallerandMitchell
      @WallerandMitchell  Před 2 lety +2

      Mark, you should look for a Real Estate attorney there in Georgia.

  • @nicholaswiseguy2906
    @nicholaswiseguy2906 Před 3 lety +3

    What if the neighbor cuts limbs from my tree growing onto his property and then throws the limbs back onto my property is this legal in Florida?

    • @WallerandMitchell
      @WallerandMitchell  Před 3 lety +1

      Nicholas, thank you for your question. Please call the office at 727-847-2288 and I will be happy to talk to you.

    • @nicholaswiseguy2906
      @nicholaswiseguy2906 Před 3 lety +1

      @@WallerandMitchell ok I will thank you very much.

    • @gr8dvd
      @gr8dvd Před 2 lety +1

      Great question, any answer offered?

  • @jonesy4588
    @jonesy4588 Před 9 měsíci

    you can cut it all the way back to line

  • @gustabeumer688
    @gustabeumer688 Před 9 měsíci

    Children will be children even if they are adults. Try to have a good relationship with your neighbor first.

  • @timeversman9804
    @timeversman9804 Před 3 lety +1

    I don't agree with the center of the earth. Mineral rights are can be left off your deed, be aware.

  • @Mike-gc9ih
    @Mike-gc9ih Před 9 měsíci

    You can trim from hell to heaven on your property line period

  • @isellcatlitter
    @isellcatlitter Před 6 lety +3

    can you get him for neglect of maintenance???

    • @joemonroe9456
      @joemonroe9456 Před 6 lety +1

      yes

    • @rhymereason3449
      @rhymereason3449 Před 3 lety +1

      In virtually all states the answer is NO, unless you both are in an HOA that specifically controls such things.

  • @royallamoniquecosmicheavye4456

    Can you fire someone to get that done done

  • @jerrylansbury9558
    @jerrylansbury9558 Před rokem

    So....can I treat the trees on my side of the fence with " Spike " to kill or control the tree ? Who would know......how the tree died ?

  • @sindeecharlton8857
    @sindeecharlton8857 Před 10 měsíci

    Humm This dose not sound right to me. as a home owner we do not own the space above our homes. Just ask FFA. in fact drone owners can fly over houses. I do not know at how high they must be. we as homeowners can not stop planes from flying over. We do not own the air space.

  • @christianlacasse2937
    @christianlacasse2937 Před 8 měsíci

    I got a neighbor trespass on my property trim my tree my tree is rotting because I am didn’t know what it was doing and this neighbor hates me because I come from him call the cops on him trespass 34 time at my property now he hates me about him to he bore me to court and he lost and nothing was done about my trees my property from the court

  • @aroo4177
    @aroo4177 Před 4 lety +3

    I asked my next door neighbor to please trim his mesquite tree about 2 years ago, he refused. What can you do in a situation like this?

    • @WallerandMitchell
      @WallerandMitchell  Před 4 lety +1

      Aro, please call me at 7270847-2288 and I will be happy to speak with you.

  • @matthewserrano4048
    @matthewserrano4048 Před 4 lety +4

    So if a tree falls on to my house it's an act of god?
    So can i Sue god?

    • @elliottroca
      @elliottroca Před 3 lety

      The judge will celebrate your claim on April 1. Because you’re a fool

    • @matthewserrano4048
      @matthewserrano4048 Před 3 lety

      @@elliottroca lol

    • @finalfantasy3808
      @finalfantasy3808 Před 2 lety

      🤣

    • @finalfantasy3808
      @finalfantasy3808 Před 2 lety

      Did you know that Earth has judges, attorneys, defendants, and accusers like it is in heaven? This is because it is God's Will to have heaven and earth agreement.
      "Our Father who art in heaven...thy will be done on earth as it is in heaven".
      JUDGE: YHWH (God the Father), Isaiah 33:22
      ATTORNEY: Jesus Christ (God the Son), 1 John 2:1-2
      DEFENDANT: Mankind (Revelation 20:12)
      ACCUSER: Satan, Revelation 12:10-12
      BAILIFF/POLICE: Angels, Matthew 13:41
      PRISON GUARDS/TORMENTORS: Demons, Matthew 18:34
      God has many more titles that relate to earthly professions as well, like a business man, a Father, Farmer, property owner, shepherd, a King, High priest.
      A man named David E. Taylor claims he saw Jesus face to face. He said that God told him, "Everything I have written in that book (Bible) I have lived myself".

    • @matthewserrano4048
      @matthewserrano4048 Před 2 lety +2

      @@finalfantasy3808 u gotta be crazy or something, or maybe u dont even have a sense of humor

  • @douggauzy6258
    @douggauzy6258 Před 9 měsíci

    Nothing like Lawyers to help
    With absolutely nothing . Lawyers have. help ruin the once good in our country . Sue. Sue sue. For profit . Make me rich

  • @tenfour10-400
    @tenfour10-400 Před 6 lety +3

    Florida is a horrible place, full of some pretty heinous people.

    • @lightspeedhorse8964
      @lightspeedhorse8964 Před 4 lety +2

      Yeah, OK Florida. They're all over the country and the planet buddy

    • @finalfantasy3808
      @finalfantasy3808 Před 2 lety

      The real heinous people are in the democratic party. They are so corrupt that they stole the presidential election and immediately signed thousands of lives away through abortion, which sheds innocent blood because these babies in the womb are literally torn apart with cutting instruments. The democrats slandered and lied about Trump for 4 years because Trump wasn't one of them. Trump exposed them.
      Heinous- "abominable; totally reprehensible"
      "There are six things that the Lord hates, seven that are an ABOMINATION to him: haughty eyes, a lying tongue, and hands that shed innocent blood, a heart that devises wicked plans, feet that make haste to run to evil, a false witness who breathes out lies, and one who sows discord among brothers."-Proverbs 6:16-19

  • @Boodieman72
    @Boodieman72 Před 6 lety +4

    Can't be an act of God if you are an Atheist.

    • @heru-deshet359
      @heru-deshet359 Před 6 lety +5

      Still is. You just don't have to believe it.

    • @Boodieman72
      @Boodieman72 Před 6 lety

      If you do believe, then everything is an act of God. I wonder if Act of God is actually written in the law?

    • @heru-deshet359
      @heru-deshet359 Před 6 lety +1

      The Nolo Law Dictionary defines the term as:
      "An extraordinary and unexpected natural event, such as a hurricane, tornado, earthquake, tsunami, or even the sudden death of a person. An act of God may be a defense against liability for injuries or damages; insurance policies often exempt coverage for damage caused by acts of God. Under the law of contracts, an act of God often serves as a valid excuse if one of the parties to the contract is unable to fulfill his or her duties - for instance, completing a construction project on time."
      Therefore, acts of God help to maintain fairness in times of a catastrophic events outside of any human’s control. If we did not have this clause then it might be possible to sue an employer when a worker is injured on the job during a violent storm. If the storm caused the accident, then the employer could not and should not be held liable for an uncontrollable occurrence.

    • @hkk3656
      @hkk3656 Před 5 lety +1

      That's funny! If you do believe in god can you sue him for his neglect. After all, he sat there and watched it...😲

    • @rhymereason3449
      @rhymereason3449 Před 3 lety

      There is case law that proclaims "act of God" has nothing to do with "God".

  • @billtmarchi4320
    @billtmarchi4320 Před 9 měsíci

    What about root damage to building??? I hava building on slab 2 feet from line and neighbor has row of 8 trees just on his side of propperty line right down the line.