Tree over neighbor's roof

2 Replies

Looking at a prospective buy and hold property and noticed 3 large tree branches (~1-2ft diameter) that hover about 3-5ft above the neighbor's roof.  The tree branches originate on the property I'm considering.  If I were to pursue this property, should I require the seller to trim back the branches as to avoid a future issue with neighbor due to wind/storm damage?

I would, but technically there probably never will be an issue. In our area the neighbor would have the right to cut the branches off at the property line.  But they can not force the owner to cut them. I know that is not the case in some areas. 

When I lived in North Carolina, we had a hurricane that blew several trees on our property onto our neighbors house. Lots of other folks had the same situation. Since the trees were alive and healthy, it was considered an "act of God" and our neighbor was responsible for getting the trees off his house and repairing he damage. I have heard of other cases where dead or diseased trees came down. In those cases, the tree owner was responsible for damages and tree removal. Based on that, I would say unless the tree is diseased or dead, you are just being a nice guy, if you take the tree out. 

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