Could you please clarify the obligations of neighbors who have a tree that straddles the property line?
When a tree straddles the property line, it creates a few thorny issues to resolve.When a tree is on your neighbor’s property, but its limbs or roots extend onto your property, you both have the right to trim them back to the property line so long as you do not damage the overall health of the tree.
You also have the responsibility to do this before it hurts your property. If your neighbor’s tree is healthy and a branch breaks off in a storm, you cannot hold your neighbor responsible, even if it falls on your roof. The law both allows and requires you to protect your property in this situation by trimming the branches back.
However, if the tree is unhealthy or dead when it falls, your neighbor will be responsible for the damage it causes. This is an incentive for him to maintain his property in a way that does not harm others.
Do not remove the tree without your neighbor’s written consent. To get that consent, it will probably mean that you will need to pay for the removal yourself, but that is better than getting sued.
Brewer Realty Group has recently had such a situation arise in a transaction and found this article and information helpful. I hope you can all take a little away from my blog each day! Kind Regards!