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 am prohibited from giving a legal opinion. Generally, leaves, bean pods, or acorns which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they land.
Property owners typically may trim branches and roots that overhang their property. In most cases this is the only legal recourse, even when damage from a tree is substantial. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree owner the chance to correct the problem. If the tree owner does nothing, the tree can still be trimmed. As a general rule, a neighbor can trim an overhanging tree only up to the boundary line and must obtain permission to enter the tree owner's property, unless the limbs threaten to cause imminent and grave harm. Additionally, the property owner cannot cut the entire tree down and cannot destroy the health or aesthetic appeal of a tree while trimming.
I suggest calling the local building department, as ordinances governing trees vary by local 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.
