[smasshh]

I have a neighbor that reaches over my fence to trim my tree branches that are hanging on her side of the fence. She then throws the cut branches in my yard to clean up. I know she's allowed to cut the tree limbs at the fence line or she should come over and tell me to cut them; however, she doesn't come over to tell me she's going to do this, and on other occasions she's waited until I've gone on vacation. I have five trees, three pine and two cedar. One of the pines is already dead from the excessive trimming and rototilling on her side of the fence, and the two others are dying. She's also taken a big chunk of branches out of my cedars. I've called the police about this. They say it's a civil matter and could be malicious mischief... they won't do anything, etc... What do I do? My trees are dying and my yard waste is overflowing.

Thanks

[ScottGem]

You need to sue her. Yes she has the right to trim branches on her side of the fence, but not to the point where it damages the trees. You need to get an expert to testify that her trimming has damaged the trees then sue her for reimbursement.

The police are right, as long as she doesn't come onto your property (which can then be considered criminal trespass), it's a civil matter.

[s_cianci]

Well, legally, as you've said, she can cut any branches that overhang onto her property but she can't throw the waste onto your property. If she cuts them then she's responsible for disposing of them. I don't know if it is strictly a civil matter or if in fact there's any criminal offense she's guilty of. It could maybe technically be considered littering, the same as if she were throwing bags of trash onto your property. You may want to consult with an attorney to be sure and to find out exactly what your options are.