tree limb maintenance

[mary6265]

What is the name of your state? Michigan


I own a rental property in detroit and some of the trees are pretty old. Am I responisible for the part of the trees hanging in the neighbors yard or only the portion in my own yard? The neighbor's apparently been harrasssing my tenant about it. I was told that whichever side it's on is who is responsible. Is that true???

 

[mrdonsmith]

This is one the most disputed areas of "neighbor law" around and is generally best resolved between neighbors who are a good speaking terms. Nonetheless, the part of a tree that extends over a boundary technically belongs to the owner on the other side; that owner can cut off a limb only so far as it extends beyond the line. Two things to keep in mind. (1) You mentioned "pretty old" in describing your tree(s). If you know that the tree itself or a limb is in danger of falling because it's rotten or dead, you'd best have it removed or else face a liability issue if it causes damage or injury. (2) Your neighbor may not cut back a tree or part of it in such a way that it physically damages the tree or causes it to die. Creating an unattractive appearance is beside the point. It may end up looking ugly, but if it doesn't threaten the health of the tree, the neighbor can do what I've described. That's why I said it's best to have neighbors who are pleasant. These things best work when there's some form of reciprocity regarding trees, vegetation, fences and the like.

 

[moburkes]

Excellent answer.

 

[mary6265]

Thank you so much for your reply. I do believe it is my responsibility. My neighbor is very unpleasant but thankfully it's a rental so I don't have to deal with him. I've tried very hard to be nice to him. He's also demanding we replace a fence which is my fence because the last tenant I had had dogs which "damaged" it now his dog is able to escape. My tenant now has no dogs and I believe the fence must be 15 years old made from chain link and 2x4's. I feel I would just like to have it removed and let him put up a fence for his dog. Can I do that?

 

[moburkes]

There is no law which states that you cannot remove your fence without replacing it with another.

 

[mary6265]

Thank you!