Who is responsible for tree branches

neighbor wants me to cut branches hanging over their house

Cleveland, OH -

Attorney Answers (1)

Shadrach Neiss

Shadrach Neiss

Real Estate Attorney - Cleveland, OH
Answered

Your neighbor has the right to cut the branches that overhang their property, with or without your permission. If an "act of God", such as a severe storm, were to knock the tree over onto their house, then you would not be liable for damages. As the tree is healthy, there is little chance that their house could be damaged by the tree under normal circumstances. Therefore, while you own the tree and cannot be negligent in allowing it to create an avoidable risk to your neighbor, for example by allowing dead branches to hand over their house, it is their responsibility to trim the healthy branches that have grown over their property line.

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