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Tree Branches

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Aheb2829

Guest
What is the name of your state? Rhode Island

I have a question that I need to ask for my mother. We just recieved a letter from a couselor at law representing our neighbor. She is complaining that their are branches from our trees causing a nuisance and hazard to her family and property. The letter said that we had thirty days to trim the branches or their would be further legal action taken. The letter also included an estimate for the trmming for $875. First I would like to know if the branches are her responsibility because they are over her property or our responsibility because the tree stands in our yard. Also should we have the land surveyed before we do anything? Thanks.
 


JETX

Senior Member
Generally, the branches that extend over the property line are hers (the neighbors) to trim and maintain.... as long as the trimming is not done to the harm of the tree itself. Simply, the property line is 3 dimensional; length, width and HEIGHT.

However, if a limb or the tree were to fall and cause harm or damage to the neighbor, your mother could be liable if it is shown that she knew that the tree was diseased or unsafe and failed to do anything about it (negligence).

In the sense of being a good neighbor (and to protect the tree) she could offer to split the reasonable cost of trimming the tree.

As for the survey, it could be of benefit if there are disputes as to where the property line is.
 
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Aheb2829

Guest
The tree does not appear to be rotted or diseased and it doesn't appear as if it will fall at any time soon. My mom is aggrivated that the neighbor didn't call us before contacting a laywer and I don't think that she would be willing to split the bill. If we were to leave the tree as it is would it be possible to be sued and have to trim it. Who determines if the tree is "unsafe"?
 

JETX

Senior Member
Q1) "If we were to leave the tree as it is would it be possible to be sued and have to trim it."
A1) Of course you could be sued (anyone can sue almost anyone over almost anything), but in my opinion, they would not prevail in court.

Q2) "Who determines if the tree is "unsafe"?"
A2) The neighbor could have pictures or ask a tree expert to inspect the tree and fallen limb for obvious signs of prior damage.
 

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