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My neighbors trees are overhanging my house and ruining my roof,causing carpenter ants and pine needles in gutters- any recourse

my neighbor has very large pine trees lining his property. They have gotten so big that they are hanging on my roof, causing my roof to curl on the corners. My gutters are clogged with pine needles- I have gotten carpenter ants that I have to pay someone to spray for and have asked many times for them to be removed and he will not. He now does not live there, but his children are caring for his home and we have also asked them to have them cut back. What is our recourse at this time?

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Attorney answers (1)

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Reputation Level 14
You have the right to remove tree branches overhanging your property, but only from the property line. If you have the branches removed, make sure you know exactly where the property line is located -- a survey is the best way.

You may also sue for damages proximately caused by the trespassing limbs. If you are planning to sue, call an attorney before the limbs are removed. He or she may bring in an expert witness, such as an experienced roofer, to document your damages.

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