I live in Massachusetts. I have a tree near the property line. My
neighbor said the tree is pushing the fence and he asked me to cut the
tree down. But most of the tree branches are over his property. I said
you can cut the branches hang over your property. If by then it's
still a problem, I can consider to cut the tree down. But he asked me
to cut the branches over his property. Can he force me to do that?
What if I refuse to do so? I want to tell him that I don't want to
come into his property to cut those branches, because: 1. Based on
law, he can, and has the right to cut those branches up to the
property line. 2. If I come into his property to cut those branches
for him and injurded, he is liable. I don't want to put him in that
position.

Any suggestions?

Many thanks!

 

The only time a neighbor can make you cut branches is if.

1. They're touching their structure, such as their house.

2. If they're obviously dead limbs.

otherwise it's there choice and they can't make you cut a thing over there line.

 

I would suggest compromising. My parents had the same problem, so if you want to be "good neighbors" have a pro cut it (trim it) or both of you guys get together and trim away. It would just be a nice neighborly thing to do. Is that tree extremely huge? If you only trim the tree, you're only gonna have to trim it again in the future. If you don't want to bother with it ever again, I would cut it down.

 

I see a bigger problem if the tree trunk is pushing on the fence.

1. who owns the fence?

2. Is the fence on the property line or a few inches inside the line (and on whose property)?

If its his fence and the fence sits just inside his property line, he may be able to force you to cut the tree down.
If its his fence, but its actually in your yard, then thats another matter.

 

I have seen more neighbor disputes over trees then I don't know what. Legality aside I think it would be a good idea to sit down with your neighbor and try to come up with a reasonable compromise. Might save some feuding down the way.

 

call your codes enforement office or local municipality office and inquire there. Rules are different all over.

 

Keep in mind that this is the person living next to you and not being able to get along with them makes life less pleasant. I vote for sitting down with him and working out a solution each of you supports.

 

Boundary laws tend to vary from area to area. Typically, if your tree is encroaching on your neighbor's property and pushing on their fence, then this is considered a 'continuing trespass' no matter the length of time of the encroachment. It is then your responsibility to remove the tree. If in doubt, contact your attorney.

In general, if your tree is actually causing problems with your neighbor's property, or interfering with the use of his property, then he has certain rights as to that intrusion. Most states' laws place the burden and expense of properly pruning trees on the landowner on whose property the tree exists. If in doubt, contact your attorney.

 

Another way to look at it: If you really want to save the tree (and are legally entitled to do so), hire a pro to trim it. You don't want your neighbor hacking away at the tree.