Lately, I have had several questions about what I like to call “neighborly disputes.” Few situations cause such hard feelings as disputes with a neighbor. Questions about overhanging tree limbs and a neighbor's right to trim them are common.

There are few things more annoying to a homeowner than a neighboring yard full of trees with limbs that hang over the property line. There is often the potential of the limbs falling on the neighboring property. This can destroy or damage fences, automobiles, or even buildings.

The first thing that needs to be determined is who owns the tree. An inspection of the trunk, not the limbs, is needed. As long as the entire tree trunk is in the neighbor's yard, the tree belongs to the neighbor. Even if the trunk is in the neighbor's yard, but the majority of the limbs overhang another property, the tree belongs to the neighbor.

What are your rights when your neighbor's tree limbs hang over your property? Generally, you have the option of trimming the branches that overhang your property. This can be done without the permission of the owner of the tree. I would like to point out, however, that often avoiding disputes is as easy as at least giving the tree owner a heads up about what you want and intend to do.

A person may not go onto their neighbor's property or trim branches on the neighbor's side of the property line. If you go onto the neighbor's property, or kill the tree by your actions, the neighbor could have a case against you.

What should you do if overhanging limbs are in danger of falling onto your property, or do fall and cause damage? Generally, you need to put your neighbor on notice of the danger. This usually involves sending a certified letter. If the limbs are not properly maintained, you may have a cause of action against your neighbor for negligence or nuisance. Giving your neighbor notice of the danger gives him or her the opportunity to correct the situation before anything bad happens. If they are on notice, and the damaged limbs fall and cause an injury of some kind to your property, then you can usually seek relief for the damages because the tree owner knew, or should have known, that the limbs were a danger.

If you have concerns about a tree on your property, or neighboring property, it is always a good idea to meet with an attorney who can look at the facts of your situation. What action is needed is dependent on the individual situation. Often, real-life situations are more complicated than the general guidelines mentioned above. If you have questions about your rights, it is usually a good idea to speak with an attorney before taking action. Doing so might save you time and money in the long run.