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<Bill Armour>
posted
I have been told by neighbors in Utah and California that I am legally responsible for trimming my trees so that they don't encroach on their property. I took care of the branches in Utah, but have not yet addressed the issue in CA.
What are the my legal responsibilities?
What are my ethical responsibilities?
Can I expect my neighbors to trim their trees to my specifications?
 
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<Guy>
posted
Reply to post by Bill Armour, on October 18, 2002 at 15:54:10:

As I understand it, once a tree extends over another property, that part of the tree belongs to that property's owner. If you don't want them to mutilate it by shearing it off at the property line (as MAY be their right), it may be in your interest to reduce the portions over their property in a way that will not hurt the tree.
 
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<John Paul Sanborn>
posted
Reply to post by Guy, on October 18, 2002 at 15:54:10:

Most law concerning trees on residential properies comes from municiple ordinances. Many fall under nuciance type of regulation.

Some argue that Guys description of lotline to the sky rights is an urban myth. That the adjacent property owner cannot require unreasonable trimming of a tree that may cause structural problems which increase the risk of failure.

It may require some research, and maybe consultation with leagal councel familiar with this small portion of property law.
 
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<Guy>
posted
Reply to post by John Paul Sanborn, on October 19, 2002 at 09:16:34:

Well JPS lotline to the sky is an urban and a rural reality, but I agree with you that it is not absolute. People who have sheared trees at that line, causing damage to another's property, have and imo should be held responsible for that damage.

Good advice on looking into local laws and regs.
 
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