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mtc701

Tree branches

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I live next to a commercial property and they have large trees along a fence that separates our properties. One of the trees are splitting and if it falls it will fall onto our driveway and thus our cars. I have asked the owner of the property to cut the trees but he does not want to. I know that I can cut the trees as it is on my side but if I ask my neighbor does he have to cut it because it may cause damage? Can I have the city cut the tree? Or am I responsible for all the branches that are on my side.

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Hi @mtc701

 

Welcome to the community and thanks for posting! Unfortunately, disputes between neighbors regarding trees are extremely common. As you mentioned, you can trim the branches on your property. Your neighbor does not have to trim trees on his side because you asked, however, if branches fall and damage your property after you have put him on notice of the unsafe condition he may be liable for your property damages. We have a helpful article about neighbor disputes and trees that you may want to check out.

 

Let us know if you have additional questions.

The FindLaw.com Team

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21 hours ago, mtc701 said:

if I ask my neighbor does he have to cut it because it may cause damage?

 

No.  No law obligates your neighbor to do something just because you ask.

 

 

21 hours ago, mtc701 said:

Can I have the city cut the tree?

 

You're certainly free to ask, but I seriously doubt it since the tree is apparently on private property.

 

 

21 hours ago, mtc701 said:

Or am I responsible for all the branches that are on my side.

 

I'm not entirely sure what this question means.  As you noted, you may cut/trim the portion of the tree that hangs over your property, as long as you can do so without damaging the tree as a whole.  As far as the possibility of the tree damaging your property, if your neighbor is aware of the situation (as he apparently is) and fails to take reasonable action to prevent the damage, he may be liable as a result of his negligent failure to act.

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