Full question:
The land lord to my next door neighbor wants me to pay for tree limb removal over her property. I have voluntarily removed limbs that over hanged her property before however now she claims that her insurance company will not insure the house with out all of the limbs over her house removed and the tree limbs trimmed back up to the property line. She wants me to pay for this, and says that it is my responsibility. I want to know what my rights are and if I truly am responsible to pay. The tree is in good health and does not pose a risk other than possible act of god issues. Therefor, do I have to pay for tree trimming services for my neighbors property when the limbs overhang the home and property?
- Category: Trees
- Date:
- State: Indiana
Answer:
The answer will depend who owns the trees, based on whose property they are located on. If it is a boundary tree, you may both be responsible for maintenance costs. Trees may be considered an encroachment. For example, when Neighbor A's tree is alllowed to grow onto the Neighbor B's property and damage a fence, it is an encroachment on neighbor B's property. Neighbor A may be required to remove the tree. If notice of an encroachment by a tree is given there is a failure to correct the problem, resulting in damage, the tree owner may be liable for damages. A court has discretion to balance hardships and deny removal of an encroachment if it was innocently made, the cost of removal greatly exceeds the inconvenience to plaintiff, and the plaintiff is compensated for damages caused by the encroachment.
If the tree owner allows the tree to grow so that it damages neighboring property, it would be considered an encroachment onto the adjacent property. In that instance, the tree owner would be required to trim the offending tree. A boundary tree is one planted on the boundary line itself and should not be removed without mutual agreement. Leaves 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 ultimately come to rest. Property owners in every state have the right to cut off branches and roots that stray into their property, in most cases this is the only help that is provided by the law, 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.
The neighbor with the branches reaching onto his or her yard has the right to trim those branches back to the property line (and pay for it himself or herself). The neighbor cannot demand that the tree owner pay to trim the branches. The neighbor cannot harm the tree, kill it, or chop it down. If the neighbor harms the tree, he or she could be liable for damages. As a general rule, a property owner who trims an encroaching tree belonging to a neighbor can trim 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 structural integrity or the cosmetic symmetry and appeal of a tree by improper trimming.
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.
