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Neighbor Cut Some of my Tree Branches

Discussion in 'BBS Hangout' started by Big MAK, Nov 12, 2011.

  1. Big MAK

    Big MAK Member

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    I got a question. The person who lives behind me just cut some of my tree branches that hang over the fence into his or her yard. I live in a house with a yard, but they live in a little town home type thing that only has a small patio. The branches may have actually been touching the house during high winds.

    Anyway, can he legally cut them down without asking my permission, since the tree is in my yard? I actually dont care, I'm planning on cutting down the whole tree once I landscape the backyard, but I'm just curious.
     
  2. RudyTBag

    RudyTBag Contributing Member
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    I wish Native Americans were alive to see this...
     
    2 people like this.
  3. Uprising

    Uprising Contributing Member

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    I would think yes, I've cut a neighbor's branches which were couldn't damage.
     
  4. Big MAK

    Big MAK Member

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    They are...

    [​IMG]
     
  5. RoxSqaud

    RoxSqaud Member

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    Found this:

     
  6. rcoleman15

    rcoleman15 Contributing Member

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    Racking my brain on this (mainly because this would be civil and not a criminal matter most of the time) and thinking back I think the answer is yes.

    It is legal in most all cases that a homeowner can trim branches (that are crossing over onto their property line) of a tree whose trunk resides on anther's property....with one caveat in that the permanent overall health of the tree isn't damaged with the trimming.
     
  7. Royals Ego

    Royals Ego Member

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    you should sue him

    DD
     
  8. Asian Sensation

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    What a nice neighbor.

    You should ask him to trim your bushes too.
     
  9. Big MAK

    Big MAK Member

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    I'm not a douche.

    Like I said, this was more out of curiosity than anything, since I'll be cutting down the whole thing eventually...
     
  10. Xsatyr

    Xsatyr Member

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    Yes they can, it is called encroachment and you are at fault.
     
  11. Big MAK

    Big MAK Member

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    Nothing happened, so no one is at fault. If it falls during a storm, it's considered an act of god. If the branch was dead and I didn't do anything about it and it fell on something of theirs, I'd be at fault.
     
  12. v3.0

    v3.0 Contributing Member

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    Maybe you can just go over to your neighbor and lecture them about it like you do to dog owners.
     
  13. javal_lon

    javal_lon Member

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    Then why bring it up ... unless he attempting to chop something/someone else down of yours'...
     
  14. tmoney1101

    tmoney1101 Contributing Member

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  15. Xsatyr

    Xsatyr Member

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    You don't need the branch to fall for it to be encroachment. Learn what the word means before posting first, no offence.

    It is one of the first things you learn in real estate classes, Princples 1. You have the right to cut branches entering your yard without permission.
     
  16. Jontro

    Jontro Member

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    Maybe you can hire him to cut down the whole thing.
     
  17. BetterThanI

    BetterThanI Contributing Member

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    We actually had this happen at our house when I was a kid. I remember my Dad having a heated discussion with my neighbor (not really an argument, but pretty close). He did some research and it turned out the neighbor did have every right to trim the branches that overhang the fence into his yard.
     
  18. Buck Turgidson

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    This is truth, unless there's a specific HOA restriction.
     
  19. JuanValdez

    JuanValdez Contributing Member

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    Lol, he's the OP. Why should he need to know the definition of some word someone might use before he posts? Especially if knowing about encroachment would preclude him from needing to start a thread.
     
  20. vaioavan63

    vaioavan63 Contributing Member

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    HAHA rep
     

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