Property lines and overhanging trees.

[muleman51]

Don't know if this is the right place or not but here is the question . I'm cleaning up fence lines and some of them are next to a development. Of course a few of the people like to encroach on my side so I decided to cut back all the trees and brush and reclaim about 10 - 30 feet along the way. Some of the trees are on the line with big branches hanging over my field, which are very hard on my machinery. Can I cut those branches that are over hanging in my space. One of the has a tire swing in it. Town people sure like to think they can use whatever is next to them. I just do not want to get in a legal battle with them. Hope someone in the Hearth family knows the answer. Thanks. Jim

 

[fireview2788]

In Ohio if it crosses onto your property you can cut it back to the property line. Not sure about MN.

fv

 

[mtarbert]

Here in Maryland, If it is hanging over your property you can cut it back but, you can not throw the trimmings back on their property. You own it after it is cut.
Mike

 

[thewoodlands]

Don't know if this is the right place or not but here is the question . I'm cleaning up fence lines and some of them are next to a development. Of course a few of the people like to encroach on my side so I decided to cut back all the trees and brush and reclaim about 10 - 30 feet along the way. Some of the trees are on the line with big branches hanging over my field, which are very hard on my machinery. Can I cut those branches that are over hanging in my space. One of the has a tire swing in it. Town people sure like to think they can use whatever is next to them. I just do not want to get in a legal battle with them. Hope someone in the Hearth family knows the answer. Thanks. Jim

I read some of this, maybe it will help. Also check what the local law is, in NY the local law supercedes state law if the article I read is correct.

http://nylawthoughts.com/category/neighbors-trees/

http://www.mnbar.org/benchandbar/2002/mar02/tree.htm

zap

 

[eclecticcottage]

When we checked with the city (in NY) we used to live in, we were told if whatever portion that goes over/overhangs the property line can be trimmed.

 

[seeyal8r]

In oklahoma if your neighbors tree is alive and it falls on your house then your insurance will cover it. if the tree is dead then it is their fault.

But I cut it if i can reach it.

 

[pen]

Built a house this last summer on a small lake lot and this was an issue. We were advised that it was our right to trim any neighboring tree back to the property line. However, if doing so we were to kill the tree, that we could be held responsible for the tree if the property owners wanted to peruse.

Have you talked to the owners of the property next to you yet?

pen

 

[rwhite]

Have you talked to the owners of the property next to you yet?

pen

Exactly. A conversation can solve a lot of issues. Offer to take the entire tree out for them. If they refuse then I would inform them that you are going to cut the tree back.

 

[clemsonfor]

I think most municipalities you can trim an adjacent property owners tree if it overhangs your property,
to your line of course.

In this guys case sounds like it could be half a dozen or more property owners.

 

[Thistle]

In Ohio if it crosses onto your property you can cut it back to the property line. Not sure about MN.

fv

Same here.

 

[muleman51]

There are 5 property owners. I talked to all of them first. All of them understood except one. He has cleaned my side, put bark down and planted Hostas, seems he thinks it was his. He was pretty mad today when I cut more down, but he cooled down pretty fast. He wondered why I didn't do it before he cleaned. Wasn't his in the first place, Dah. The next neighbor wants to help next weekend, he actually works for a tree service, so he should be good help. Got to get them cut soon before the sap runs. They are just boxelders and soft maples.

 

[Backwoods Savage]

You did the best thing muleman. We have a 40 acre woods right next to our house and some of his trees lean over onto ours. I know I can cut those limbs and sometimes even a tree. But, I still always ask even though we are good friends. One time I really puzzled him though. I knew he was not home, so I cut a bunch of oak limbs that were beginning to rot. Then I loaded them up and took them to his place and never said a thing. He puzzled over that for quite some time until he one day spied the limbs had been cut. We had a good laugh over that one.