tree across neighbors line

What is the name of your state? Tennessee

Seems to be a very popular topic. My daughter is being harassed by her neighbor because of a weeping willow tree in her yard. The tree has grown over the line and is hanging over his garage. He has asked her to have it cut down and she told him to trime as much as he needed to, because she can't afford to have it cut down. A little later he complained to my husband who told him if he wanted to my husband would help him trim the part hanging over the garage.(no response) We came home one day and caught him coming from our daughters yard with a camera. My daughter got very upset and asked her Dad to cut the tree down. My husband asked the neighbor if he could get on his garage roof to trim the tree back. The neighbor then informed my husband that he wanted a"professional" to cut the tree down. Our daughter is a newlywed and has had this house about 17 months. She is not financially able to pay a "professional" $500 to cut down a tree she really likes and that is on her property. Yesterday she received a letter unsigned from this neighbor threatening legal action. Whose responsible for trimming the tree over her neighbor's property, the neighbor or my daughter.
Thank you, Honybee

My response:

Let the neighbor sue. Really, it's okay. Your daughter will receive a valuable and easy lesson in Civics, and in how our Justice System works. It's okay.

The reason why I say it's okay is because the neighbor is talking out of his butt, and doesn't know any better. I like the "no signature" letter, by the way - - nice touch; as if that protects the idiot neighbor in some fashion.

You see, here's the crux of the matter, and the neighbor will learn a hard lesson by it - - anything that hangs over or spills over by natural growth onto someone's property is the responsibility of that property owner. Ergo, your daughter has nothing to worry about. The judge will "dismiss" the neighbor's lawsuit. In fact, after hearing the fact, the judge probably won't even ask your daughter any questions. It can be decided by the testimony of the neighbor. (You see, I didn't even ask your daughter any questions, and I've already decided the issue; i.e., The neighbor is an idiot). Case closed.

IAAL

Member

I live in Omaha, NE, and faced the same issue with a neighbor who took me to small claims court (two days before he filed, he mailed a certified letter asking me to cut the limbs, but I had no time to even pick up the letter, much less cut the limbs before he filed). He'd gotten a quote for $188 to trim the tree and I was able to trim it easily as none of the branches were more than one inch in diameter. We got to court a month later and the judge forced me to pay the $63.40 he incurred in court costs, Contable fees to have me served, certified letter and a $3 roll of film to take the pictures. I told the judge I was not aware that the limbs were a problem until I was served the papers and he told me that was my problem and I was responsible for my tree being over the property line.

I really don't want any more problems with him, but I can't trim the tree without going onto his property and don't dare do that or he'll have me arrested for trespassing - he has cameras posted all over (including straight at mine and his other neighbors property) and constantly does things (like cussing at young children) thinking he can taunt us into a brawl with him so he'll have that on his nice cameras. We do our best to ignore him, but he's not happy unless he's making us miserable.

It is now two years later and the tree limbs are starting to grow across the property line again. I'd love to think that it's not a concern for me, but he won this thing once so why should I believe that he won't win again? Or did I just have a judge that wasn't educated on this topic? I've been hesitant to post this question because I see repeated responses that the question has been asked several times, but I've spent hours online trying to find a CLEAR answer and in one response, I read that he can force me to pay, but in another response I read that he can't . . . I would just like a clear definition of the law so I know what my legal rights are.

Please start your own post. You resurrected a thread that was two over years old.