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If a tree falls in the forest…

By Gil Gross - Real Estate Today Radio · February 19, 2010 · 2 Comments

This week, let’s look at trees planted along property lines. If a tree is planted on one property, but its branches hang over an adjacent property, which homeowner is responsible for the branches? Also – if there are vines creeping over from one property to the next and are becoming a nuisance, who’s responsible for those?

The rule of thumb here is, if it’s your place? It’s your place! It might not make your neighbor happy, but in most municipalities, if a limb from a neighbor’s tree is hanging over your property, you can trim it, prune it or cut it down, as long as the cuts happen over your property and not your neighbor’s! The same would be true of a creeping vine, or a rambling rosebush — anything on your property is yours to control.

But the down side? If that limb from your neighbor’s tree falls off and hits your house? It’s on you, not him. Check with your insurance company on that one, but in most areas falling limbs are considered ‘Force Majure’ or ‘Acts of God’, and the placements of the roots doesn’t really play a role.

These are the rules of thumb, but it might be different in your area. So if you have a specific problem, call your county or municipal government. They’ll point you in the right direction.

Have a question for Real Estate Today? Drop us a comment – we may use it in an upcoming show!

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2 Responses to “If a tree falls in the forest…”

  1. Is anyone remotely interested in stopping all of this churning of the marketplace for the internet? We have had pictures online, since 1995, how much of this is really about imrproving the sale of real estate and how much is about improving the dollars for techie companies?
    Is there really any objective research, that has been completed?

  2. Hey there,

    I had a question for you? I work with a commercial real estate broker adn was wondering if these laws and rules apply to the commercial sector and properties?
    thanks
    Pat