Have a home where a tree on the edge of the neighbors yard has limbs overgrowing my driveway and over the roof of my house. I am worried about the branches above the home for safety reasons and debris/maintenance reasons. The branches over the driveway are more of a nuisance with leaf removal and bugs/worms that hang down from the branches.
You cannot force your neighbor to cut the branches, but I do think he would be within your rights to trim the branches that hang over your property. I recommend that you talk to your neighbor, tell them about your concerns about the branches, before you cut them. Also, take pictures showing that the branches were over your property.
This answer is for information purposes only, and does not establish and attorney client relationship. James Faucher is licensed to practice law in North Carolina only. You should always contact a local attorney to get location specific answers about the law.
I agree with Attorney Faucher. Under the Real Estate Commission guidelines, your neighbor is only required to trim or remove the tree if it is dead. I suggest you speak with the neighbor and ask him about trimming the branches that hang over on your property.
This information is given for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer. You have to find your own local lawyer to get legal advice and help with your problem.
Talk to your neighbor about the situation., If you are on speaking tersm with them it should go pretty easy.
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