Skip to main content

Do I have the right to trim my neighbors tree if the branches are in my yard?

Greensburg, PA |

do I have the right to trim my neighbors tree if the branches are in my yard?
My neighbor's tree is hanging over in our yard over the property line. We have asked him twice to please trim the tree back. We live in PA, what is our right as homeowners to cut the tree back ourselves? Is there a specific statute that we can look up?

Attorney Answers 3

Posted

You have the right to trim back any part of the tree that encroaches into your property.

Mark as helpful

1 lawyer agrees

3 comments

Asker

Posted

I see you are a lawyer in CA, does this appy everywhere and is there a statute that I can look up? Thanks

Golnar Sargeant

Golnar Sargeant

Posted

This is a matter of U.S common law, so it's pretty much the same. The only difference would be if you live in an HOA. If you do, the CC&Rs of the HOA will be controlling. I have never heard of it being different in any other state, but of course, to be certain, you should consult with a local attorney.

Asker

Posted

thank you so much!

Posted

Take pictures of the tree before you trim it. Make sure it's clearly established that the tree is encroaching on your property. You should also write a letter to your neighbor explaining your intended course of action if they don't address the problem.

This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between Mark D. Copoulos, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.

Mark as helpful

1 lawyer agrees

Posted

I agree with Mr. Copoulos but write separately to add that you should try to trim as close to the property line as possible. Common law provides that you own not only your land, but everything above it and below it. Trim only what's yours.

Mark as helpful

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics