Is it legal to cut overhanging tree branches on your property?

UPDATED: Nov 1, 2011

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Is it legal to cut overhanging tree branches on your property?

Our next door neighbor has decided to plant a tall tree on his side of the property line in her front yard. Now the tree branches are overhanging to our side of the property and it’s going to kill all the grass under the shade of the tree as well as leave a mess of leaves on our front yard. We’re even concerned if the roots of the tree will grow to crack our driveway. Is it legal to cut his tree branches that is overhanging over our property without the tree owner’s consent?

Asked on November 1, 2011 under Real Estate Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The law in this country (all states) is that one property owner can prune all limbs from another property that is going into his or her yard so long as the pruning does not damage or harm the tree or plant that is being damaged. You do not need the neighbor's consent to do so.

I would advise the adjoining property owner of your pruning plans before you actually do what you intend to do as a precaution to avoid future problems in the neighborhood. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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