our trees grown over their lot

[rock43]

What is the name of your state?

We bought a house about a year ago in Rhode Island. In our yard, there are many old, untended trees that have grown over our lot lines and over the fences of our neighbors. At the request of one neighbor, my partner paid ($500!) to remove a tree which hung over where our neighbors park their cars. They promised to pay half of the removal but have never ponied up. But these are good neighbors and we don't want trouble with them. The thing is, our other neighbors now want us to trim the portion of our trees over their fences and in their yards. My worry is that 1) if we were to do this and broke something in their yard in the trimming, we would be liable; 2) if the tree blew over i*after* we trimmed it, it would be considered our fault (human intervention in an act of God) and we would be liable for any damage. My question is whether either of these concerns are valid, and also if we have any legal obligation to worry about the portions of the trees overhanging or if this is our neighbors' domain and thus their concern (i.e. problem). Thanks for any advice you can give.

rock43

 

[ralph31]

I will post here what the more learned have posted in the past. This is with
the hope that it will be corrected, if necessary, by a knowledgable person.

You are not responsible for limbs hanging over adjacent property from a tree rooted on your property. The adjacent property owner has the right to trim those over hanging branches, but in a manner that will not do harm to the tree insofar, as killing it.

Another matter comes into play if that tree obviously has problem that would likely make it fall and cause damage to your neighbors property. If this happened and damage is caused you might be held liable for the damages.

Now, IMHO, if your neighbor told you he would bear half the cost of the trimming and you then had the trimming done, then I would expect that neighbor to keep his word. I'll just leave alone how you might get that neighbor to back up his/her words.

I would not let myself get into the same situation with another neighbor. You
might explain to him/her that he has the right to trim the branches over his property at his own expense, but in a manner that would not do harm to the tree. And, you might want the tree trimmed on all sides in an even manner while sharing the expense. I would then tell the professional tree trimmer to obtain the funds, or a deposit, in advance and from each of the parties while leaving the collection expenses up to the tree trimmer.

My knowledge of the law is more or less limited to traffic offenses.