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Question DetailsAsked on 8/27/2017

neighbors tree drops large nut pods hitting my wife and me when in our patio area. Is there a solution to this?

Can we cut the branches overhanging our yard?? My grandchildren can't sit in our patio area because of these pods hitting them.

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Voted Best Answer

Depends on your legal jurisdiction - in most states, but many times with requirements for advance notification to the neighbors of any substantial cutting to give them time to have it done professionally if they desire, you can in most areas cut any overhanging (in most cases intruding roots too) vegetation which overlaps your side of property line.

Of course, to maintain good neighbor relations before you slab-side their tree, you might discuss it with them - maybe agree on you or them removing selected longer branches which are the worst culprits or such.

There are also generally laws, and this is where you would likely need a property rights lawyer because Tree Service companies commonly balk about doing a major slab-siding of a tree, which make YOU liable if you cut all or a majority of the branches off one side of a tree so it becomes unstable and fails/falls and causes damage to the neighbor's property. So generally if looking to do that, before a tree service will do it, you need to get a court order, filing a civil suit against the neighbor or tree (different states handle it different way) to either get a court order forcing the neighbor to do it (more common by far) or allowing you (quite rarely granted but sometimes in non-resident owner situations) to fell the entire tree because cutting all the branches on your side will make it unstable, or getting a court permanent injunction or "make harmless" judgement basically barring the neighbor from maintaining the nuisance (the nut-dropping tree) which affects your property. In some jurisidctions besed on old english law it reads almost like an assault charge against the tree rather than an action against the owner, thoouygh of course because he owns the tree he is ultimately responsible for its acitons.He would then have the choice of feeling the tree, cutting the overhanging branches over the part of your yard where it directly impacts you (which depending on circumstances could be a lawn, patio, or in some instances the roof where the vegetation dropping causes damage or is at imminent risk of breaking and falling on/through the roof).

In some juridsdictions the neighbor would also be allowed to propose a compormise - like paying for you to get a gazebo or such built to protect the desired area, though you would be able to argue against it on the grounds it would also block the sunlight, for instance.

And obviously, before going the legal route, consider your neighbor's temperament - in some cases might be smarter to build a new patio or porch away from the tree if your neighbor is Norman Bates or Carrie or [insert yuour own most terrifying celebrity or movie character here].

Answered 3 years ago by LCD

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