Do we legally have to remove the tree that our neighbor is complaining about?
Full Question:
Answer:
I am prohibited from giving a legal opinion. Generally, leaves, bean pods, or acorns which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they land.
Property owners typically may trim branches and roots that overhang their property. In most cases this is the only legal recourse, even when damage from a tree is substantial. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree owner the chance to correct the problem. If the tree owner does nothing, the tree can still be trimmed. As a general rule, a neighbor can trim an overhanging tree only up to the boundary line and must obtain permission to enter the tree owner's property, unless the limbs threaten to cause imminent and grave harm. Additionally, the property owner cannot cut the entire tree down and cannot destroy the health or aesthetic appeal of a tree while trimming.
I suggest calling the local building department, as ordinances governing trees vary by local area.
