Four Things You Should Know About Encroaching Trees
There are few things as
1. You May Have "Shared Ownership" of a Tree
If a tree is on your property line -- the trunk is both on your property and your neighbor's -- then you and your neighbor both have ownership of the tree. But don't call in the tree removal services just yet. Having shared ownership still means that both you and your neighbor need to agree to remove the tree.
2. Leaves Are Fine, Branches Are Not, And Don't Touch the Fruit!
The "product" of the tree can be a bit complicated legally. If branches extend past your property line, you can cut those branches down. However, your neighbor is not responsible for any leaves that blow into your yard, even if they make quite a mess; leaves are considered to be a natural nuisance and something that, unfortunately, you just need to deal with. And even though you can cut branches down, you're not entitled to take the fruit from a tree, even if it's over your property line!
3. Your Neighbor's Insurance May Cover Tree Damage
If your neighbor has an unsafe tree and it happens to damage your property, it will usually be covered by your neighbor's insurance rather than your own. In this
4. You May Be Compensated for Root Damage
Roots can easily grow into your home's plumbing system. If this does happen, you can request that your neighbor offer compensation. This also applies if the encroaching tree damaged your home's foundation.
In general, you usually can't do anything about an encroaching tree
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