You have a beautiful old tree in your backyard near the property line. Some of the branches hang over the fence on your neighbor’s side. One day, you come outside, and you find them trimming the branches back with a saw.
You are shocked that they would cut your tree, but they claim they have the legal right to do so. After all, they are still in their own yard. Is this true or not?
Only up to the property line
This is one of the reasons why it’s so important to have a survey done so that you know exactly where your property line is located. Legally, your neighbor can trim the branches even though the tree is growing on your property. But they are only allowed to trim those branches up to the property line itself. In other words, they can trim the branches that overhang their own yard, but they cannot cross the property line or cut the tree down entirely.
Unfortunately, even if you and your neighbor both understand the law, you may get into a dispute over how it applies in this specific situation. Maybe you believe that your neighbor trimmed the tree too far, damaging your property. Or perhaps they trimmed it in a negligent manner, and now you’re afraid that the tree has been irreversibly damaged.
Resolving a dispute
If you and your neighbor are unable to resolve such a dispute on your own, it may be time to begin looking into legal options. Real estate is expensive, and your property represents a significant investment. You need to be sure of exactly what legal rights you have and what steps to take if someone else violates those rights.