If my neighbors old, huge oak tree is hanging over my property 12-15 ft, can we legally cut the limbs off to our property line?
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If my neighbors old, huge oak tree is hanging over my property 12-15 ft, can we legally cut the limbs off to our property line?
Asked on October 3, 2011 under Real Estate Law, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, under the laws of all states in this country all property owners typically can remove encroachments onto their property from a neighbor's property such as roots, tree limbs and branches so long as the removal of the encroachment does not harm or kill the encroaching vegetation.
In your situation you can remove the limbs from the neighbor's oak tree going over onto your property so long as you do not cut off portions over the neighnor's parcel and do not end up damaging the tree. I suggest that before you start trimming the tree you advise the neighbor of your intentions to do so. I would also follow up with a written letter confirming the intent to prune on your property keeping a copy for future reference if need be.
Good luck.
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