Originally Posted by Swifty52
Originally Posted by Old_Toot
Originally Posted by Swifty52
Originally Posted by Old_Toot



Until yours encroaches on mine which doesn’t sound like what’s described here.


Yes sir, I had that 4 years ago, tree branch about 4” diameter extending 25 ft across my drive in front of the garage. Tree sits on both sides of the property line. Neighbor wasn’t happy when I had that branch cut back to the tree but legally I could. I couldn’t legally kill the tree but could trim what was on my property.



Swifty, you could legally kill your half of that tree. Jus sayin.
Grins


Actually that varies from state to state. But this general rule of thumb is what Nebraska goes by.

A property owner has the right to trim branches and roots that encroach onto her property from a tree belonging to a neighbor, but must exercise caution when trimming a tree or its roots. The following general rules apply to trimming a tree:

The tree can only be trimmed to the property line.
There is no right to trespass onto a neighbor’s property to trim a tree unless the limbs threaten to cause immediate and irreparable harm.
The tree cannot be cut down or otherwise destroyed to eliminate the problem. It can only be trimmed back.
The expense of the trimming is borne by the party doing the trimming


You left out the part : If your actions (trimming or chemical application on your property) cause the tree to die, you are liable for the value of the tree.

Pesticide applicators get into this issue frequently. A ground sterilant is applied on one property, but a tree some 100 feet or more away on another property dies, because the root system crossed the property line. The applicator and property owner are liable for damage to the tree. Just hope it was not something 100 feet tall that took 100 years to grow.

People who choose to brew up their own storms bitch loudest about the rain.