My neighbor has a tree planted right at his fence. At this point it is overhanging over the entire walkway inbetween our two properties and well over my property line. I am planning to trim the part on my property, but what are my rights about the part of the tree hanging over the alley? I would prefer to trim that part as well to spare myself from trimming all the time and to allow some more natural light to my house. I know legally I can do whatever I want past my property line, but is there any legal consequence if I decide to also trim the branches overhanging the public walkway? I can't go discuss it with the neighbor as the house is sitting vacant since it sold a few months ago. |
If house is empty go ahead. Technically it’s not your tree though. |
Just do a nice job. |
Not sure what the rule is, but since the house is empty, just go trim it. |
Sounds like you'll end up killing the tree. Not a great way to start off on a good foot with your new neighbors. Trim your side only and leave the alley side alone. |
trimming one or two branches wont kill the tree. But it will be obvious that something was cut. and if the new HO took pics, they will likely notice. |
It sounds like OP wants to trim more than two branches though. Sounds like OP wants to trim all of the branches overhanging the property line. Since OP said it was planted near the fence, that sounds like a significant portion of the tree overhanging the property line. |
Better to ask forgiveness than permission.
It’s a great day to cut some branches. |
If the house is vacant, why do you care. The owner doesn't even care. Just trim it. |
My concern is that it won't be pretty. My preferred solution would be to symmetrically cut down the entire tree to a much smaller size to prevent that it looks like s*** once I am done with it. It would be the best outcome for everyone in my view but as there is no neighbor, I cant really ask whether I can access his property to trim it down neatly. As pointed out by a PP, the tree really invades quite a bit of space outside of this neighbor's property line. It is not only butted against my house but also covers almost half of the yard of another neighbor. If I just chop it from my side it will be definitely noticeable and a far cry from pretty. |
I understand that. Keep in mind, depending on the tree, it may grow right back to it's same size, or bigger within a year. I have two flowering trees in my front yard and I trim them as you've described every 5 years or so. It actually spurs a lot of new growth when i do that and they end up even bigger. |
Is this a tree or a large shrub? It sounds like you’re talking about very low branches if they’re interfering with people walking by.
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You are legally entitled to cut all of that away. Since there is no one to ask, I would leave the rest alone. |
It is something like this https://detrichpix.typepad.com/.a/6a00d83452606269e20111688d9f66970c-popup Thin branches and spreading very wide. The branches are not interfering with walking through the alley. They are hanging over a fence. The reason I want to cut it all the way to his fence is that right now the tree blocks all the natural light to my living room. Cutting it just to our property line might not entirely solve this issue, but will at least help with keeping our gutters clear. I will go for some level of trimming either way, but I wanted to understand how far I can cut without creating grounds for a legal dispute. I cant find any clear answer on what are the rules for branches over a public space. Can the neighbor seek compensation if I cut the branches overhanging the alley but stop at his property line? That is what I am trying to understand. |
I have a major pet peeve with people allowing their trees to obscure public walkways. On multiple occasions, I have gotten poked in the eye by branches while walking on the sidewalk after dark. And I’m really afraid some kid is going to get knocked off his bike into the greet by a branch hanging low over the sidewalk, or swerving to avoid a bush that is blocking half the sidewalk.
Trim your branches people and don’t plant stuff so close to the property line! |