You will each be responsible for whatever portion of the tree is on your property.
tree branches or roots encroach upon a neighbor’s property. In this particular case, the plaintiff had the right to trim or remove encroaching branches and roots because they were causing damage to her property; however, a landowner also has the right to trim his/ her neighbor’s tree to the property line if the branchesFile Size: KB. Jan 23, Tennessee courts have held that no landowner has a cause of action when branches from a neighbor's healthy tree hang over their land.
Be careful not to trespass onto the neighboring property to trim, place the tree debris on the neighbor's property, or trim beyond your property line. Got a Property Line Dispute? Receive a Free Claim ReviewEstimated Reading Time: 4 mins. Jul 30, If a tree falls down into another’s person’s yard due to natural causes like a storm, the tree owner is not liable.
The tree owner is responsible, if he’s been warned to take it down and he didn’t. If your neighbor’s trees are a threat to your property – if Estimated Reading Time: 3 mins. Feb 15, The same is true in reverse: If a tree on your property falls in your neighbor’s yard, your neighbor should contact his or her insurance company to determine what type of coverage is available for damage or cleanup in their yard. Get Eriesense in your inboxEstimated Reading Time: 3 mins.
In other words, you may cut branches up to the property line; however, you may not cut over into your neighbor’s property. The case is Lane v. W.J. Curry & Sons, 92 S.W.3d (Tenn. ).
The more difficult issue that typically arises in this context is whether your neighbor has a duty to cut back the branches him/herself. Nov 02, If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up.
Even though the tree trunk is on your neighbor’s property, anything from the tree that falls onto your property is your responsibility. These items are not considered damage. If the trunk of the tree on your neighbors' property, they own it, no matter how much of the canopy overhangs the property line.
If the trunk of the tree is directly on the property line (a"boundary tree"), both you and your neighbors jointly own the tree. (See articles on" Neighbors and Trees.