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    can I cut tree limbs that are hanging over my nigbors fence and has already put a hole in my roof and it make a mess

    it is a walnut tree

    0  Views: 1025 Answers: 3 Posted: 13 years ago

    3 Answers

    Depends on where you live. In my state, anything that is on or over your property is considered yours to do with what you will. If your neighbors tree was a fruit tree, any fruit overhanging on your side of the line would be yours. So according to my states laws, you could cut the limb back to the property line without your neighbors permission. Double edged sword for your neighbor here, I believe you could also charge them for damage done to your roof.
    south australian law is any plant,shrub or tree protruding over a neighbouring boundary can be cut back to the fence line and all the cuttings can be thrown back over the fence, unlike the state Colleen is from, any fruit you pick off the protruding limbs,the neighbour can asked for them back and you are obliged to just that, as for the damage done to a roof by said tree ,the neighbor is responsible for all damages.
    Obviously, it sounds like the tree limb has grown over the property line, and needs some trimming. But, first I would nicely explain to the neighbor that it's poking holes in your roof, and you need to do it. That way there is no chance of any misunderstanding as to why you did it. Life is a lot more pleasant getting along with the neighbors, rather than approaching the matter like your border has been breached and you're going to launch an attack on his tree in retaliation.


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