North American Fruit Explorers mailing list at ibiblio

[Debby Williams <debby@debbywilliams.com>]

I found everyone's reactions to my comments about my neighbor
interesting.  I thought I would pass along a bit of info I clipped from
the paper last year.  The columnist is Robert Bruss, a real estate
attorney.

Q:  Do we have the right to cut limbs' and trim branches off a
neighbor's tree if they are hanging over into our yard?  This tree's
roots are also growing under our driveway and cracking it.  The neighbor
has already dug up one big root in our yard and repaired a small portion
of our driveway.  We've asked him several times to cut down the
troublesome tree, but he refuses.  Is he responsible for replacing our
driveway?

A:  The general rule is a property owner has the right to trim tree
branches and roots back to the property line when the offending tree is
located on a neighbor's property.  But please be careful.
A "rule of reasonableness" applies.  Tha means you cannot do anything
that will harm or kill the tree.  For example, if your severe trimming
kills the tree or causes it to fall on your neighbor's house, you could
be liable for damages.  I am not aware of any statute that requires the
owner of the offending tree to pay for trimming, root cutting or damage
to your property.

--
Debby Williams
Author of Fruit and Urban Kitchen Gardening e-zines at:
http://wz.com/homegarden/GardensPlants.html
Regional Advisor at http://www.thevegetablepatch.com/
Oakland County, Michigan USA;USDA Hardiness Zones 5b/6a



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