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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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