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    Anywhere USA's Avatar
    Anywhere USA Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 25, 2008, 05:46 PM
    Overgrown Property Line Landscaping
    My neighbor and I have a friendly disagreement currently going on about his overgrown trees and shrubs along our adjoining property line. In several places, branches and other growth has come through or over the fence, preventing me from mowing my lawn up to the fence. He has told me in the past to cut anything infringing on my property, and to toss the debris over the fence into his yard, and he would dispose of it. My contention is that, since the landscaping is his, it is his responsibility to keep it cut back to where it does not impede my mowing of my lawn. As I said at the beginning, it's a friendly disagreement; Both of us believe we are right. Any ideas out there?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Oct 25, 2008, 06:04 PM

    Here is what unfriendly lawyers and insurance companies contend. When a branch crosses a property line like in your case it has become your property. It is not longer legally the neighbors property even though he may own the stump. You can do what he asks but you can't make him come on your property and do the cutting. By the way after you make the cut he does not need to allow you to toss the branch over on your side, its your property now. Here is another twist, if his tree branch breaks off in a storm and hits your roof who's insurance will handle the repair?? Not his but yours, its used to be his tree but it crossed the property line so its all you pal.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Oct 25, 2008, 08:23 PM

    Yes you are liable for the branches that come over on your property, You have to cut them and even dispose of them.

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