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Property lines, neighbors, and tree trimming - advice needed

Dannmann801

Dignitary Member
Supporting Member
10,646
191
Springboro
Anybody got any experience or advice about the legalities on trees located on a property line in regards to trimming or removal?

Here's my situation: what used to be a field on one side of our property has been developed, McMansion going up on the adjacent lot. We have a 30 year old wood fence going down that side of the property, and some trees that are right on the line, which hang over. The builder's guy tore up a bunch of limbs with heavy equipment. New homeowner came over and apologized, was very respectful, said nothing further happens without our say-so. They've offered to take the trees out and put up a wall of evergreen trees on their side.

Our thought is that we like our fence, we like the shade, and would like the trees to stay. But realistically the trunks of some of the trees are growing on both sides of the line, and thru the fence. I'm inclined to tell them that they can trim their half back, straight up if that's what they want. They got rights, but so do we. I just don't know what the legalities are, and don't wanna put any money in to a lawyer.

I want to be a reasonable fellow and good neighbor, but I don't wanna get steamrolled either. Prepared to go to war if necessary.
 

Jackalope

Dignitary Member
Staff member
38,859
260
The way I understand it is as follows.
Any tree on your side is yours. He can trim branches or roots on his side so long as it doesn't kill the tree. If it does you can seek damages 3x the value of the tree.

Any tree on both sides belongs to both and you both must agree.

For a tree that is yours any branches that fall on his side are his responsibility. However any fruit still belongs to you. If the tree belongs to you but falls on his side he is responsible for cleanup. If it caused damages then you are responsible for damages.




http://www.dispatch.com/content/sto.../05/13/TREES.ART_ART_05-13-07_H1_RL6KMT5.html
 

xbowguy

Dignitary Member
Supporting Member
29,687
234
Licking Co. Ohio
We are sorta in the same boat. Very good information in this article Joe. Neighbors Beech tree dropped a branch through the roof of our shed. Wasn't sure about liability until now.
Danno, JMO but day NO to the Evergreen trees unless they are small. This neighbor has about 10 large pines on our line and they are a mess constantly!