Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

For the attorney working in real estate, he/she may want to read up on fences.  What are the liabilities of homeowners with trees that go over property lines?

A tree that is at the boundary of two properties may create an annoyance, dropping leaves that a neighbor needs to constantly rake, blocking sunlight, threatening to fall over, ruining fences leading to dirt on a neighbor’s property. 

Local laws govern whether the tree is considered a nuisance.  A competing book to Nolo Press’ book on neighbor laws, written by Victor D. Merulla,  states that the tree owner must give permission on trimming.  The book, entitled “The Law of Trees” (1989) may be helpful in understanding trespassing.