Neighbor’s Tree Damages My Property, What Can I Do

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Guest: I have a problem with my neighbor. There’s some, actually it’s wheat trees that have been allowed to just grow up to trees and few years back I did, pay somebody to cut the branches back, but now they’ve grown up and they’re hitting up against my siding. Those squirrels jump on the roof. Um, I get leaves in my gutter and all that. And so I’ve been like threatened not to cut. Well she says I can cut the branches.

Justin: These branches are coming, the trees on her side of the property and the branches are coming over to yours. Is that what you’re saying?

Guest: Oh yeah.

Mark: You can generally cut the stuff that you know, basically you own from the ground up through the air. It’s kind of a bizarre thing to think about, but generally what you’re allowed to do is cut the trees that you know the parts that are over your property. She has no control over that, but yet as far as going onto her property and chopping down a tree, don’t do that can be a big problem.

Justin: The other part is if you do cut that tree back, you can and you die and you kill that tree. You can be responsible. can’t You mark?

Mark: possibly. But it, I mean generally if she’s not bothering to take care of it, I mean the other thing I would do, first off, just always take photos, remember to document everything because if it does come down, you know if you do wind up going to court, it’s definitely good for us if you have photos showing you know exactly what this situation is and then I would just, I would cut the stuff back on your side of the property. And then here’s the other thing to know. Municipalities, oftentimes will have ordinances that prohibit, you know, the growth of scrub trees. So you can also call the city.

Justin: have you tried calling the city yet?

Guest: No, I didn’t call it the city.

Justin: Yeah, call them. Call them. You tell them you’ve already done it. Once you’ve taken care of this, you’re sick of doing it and see if they’ll come out and maybe issue a citation. Cause it always helps to have them on your side. Okay.

Guest: Okay.

Justin: Good luck with that. Hilda.