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Updated almost 5 years ago on . Most recent reply

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Taylor Fontaine
  • New to Real Estate
  • Fargo, ND
4
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5
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Overhanging Tree Responsibility

Taylor Fontaine
  • New to Real Estate
  • Fargo, ND
Posted

I have a giant tree that overhangs a neighbor's property. Neighbor reached out requesting it to be trimmed. I got a quote to trim it, it would wipe out about significant income for this very cheap property. Is this always the tree owner's responsibility or the neighbor's?

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35
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Carl Fredrickson
  • Wichita , Ks
25
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35
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Carl Fredrickson
  • Wichita , Ks
Replied

Not a lawyer/arborist/other expert in the field, but my understanding is that it can get complicated and depends on the condition of the tree. 

If the tree is healthy, you don’t necessarily have to do anything, but the neighbor also has the right to cut the tree back to the property line (with no vertical limit). They’re not supposed to do it in a way that kills the tree, but I don’t know of any way to guarantee that they don’t. 

If the tree is unhealthy or otherwise dangerous (i.e. large broken branches hung up and at risk of coming down), then you’ve been put on notice and will be responsible for any damage caused, so it would be in your interest to get it taken care of. 

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