What are my rights when my neighbors trees are overhanging my property

UPDATED: Sep 30, 2022

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What are my rights when my neighbors trees are overhanging my property

My neighbors do not keep
their trees pruned. There is
one tree less than a foot off
the property line. It
overhangs onto my property 10
to 15 foot.

Asked on May 25, 2016 under Real Estate Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The general rule in such a situation, is that any part of the tree that overhangs in your yard you have a right to trim it so long as you do not go over the property line and so long as you do not destroy the tree when doing so. Therefore, you can trim the branches back but you cannot harm the tree (either intentionally/unintentionally). If you do you will be liable for the cost of replacement (and in some states even 3x as much). 

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