Full question:
Our beautiful 80 year old Hickory tree is dropping nuts on our neighbors driveway. He has told us it is damaging his cars and we have to cut it down. We love this tree, it prevents cars on his higher driveway from accidentally crashing into our daughter's lower level bedroom and it was here long before either house. Half of the crown of the tree overhangs his parking area. Estimates are $5000 - $6000. Legally, do we have to cut it down?
- Category: Real Property
- Subcategory: Neighbor Relations
- Date:
- State: National
Answer:
I cannot provide legal opinions, but generally, natural occurrences like falling leaves or nuts are the responsibility of the property owner where they land. If a neighbor's tree overhangs your property, you typically can trim the branches and roots that encroach. However, you must first notify the tree owner and give them a chance to address the issue. If they do not respond, you can trim the overhanging parts, but only up to the property line and with permission to enter their property, unless the limbs pose an imminent threat. You cannot cut down the entire tree or harm its health or appearance while trimming. I recommend contacting your local building department, as tree ordinances can vary by area.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.