There’s nothing remotely bad with your neighbor cutting branches of trees growing on your fence. In fact, it can be a plausible thing to do because that’s one less job to worry about.
However, the problem can come in when the neighbor starts tossing all the cuttings over the fence right into your yard.
By dumping and tossing the branches into your compound, the neighbor may destroy fragile plants and flowers on your property.
You may try to be the nice neighbor and advise them to schedule their trimming activities and even dispose of the cuttings properly in their yards.
But, Can Your Neighbor Really Throw Fallen Tree Branches From Your Overhanging Tree Back Into Your Yard?
Yes, but it can depend. Whether the neighbor is your mortal enemy or friend, they may have all the rights to dump tree branches and related debris in your compound with or without your permission.
You own what’s on your side; the neighbor owns what’s on their property
Everyone should take care of what’s on their side and dispose of the produced branches on their side.
- The neighbor may freely trim the overgrowths and all the overhanging parts of the tree
- They can be only allowed to trim up to the property line
- The tree and shrubs usually belong to the owner of the yard where the entire trunk falls (if the trunk of your neighbor’s tree ends up falling on your yard, you probably don’t expect them to come and clear it from your own yard)
Do You Own The Tree That’s Littering His Yard With Branches?
First off, how do you even tell if the tree belongs to you?
When you buy a home, it’s standard for the seller to provide a property survey that gives more information about what’s on the property and where it is.
The survey, therefore, should show the exact boundaries of the property.
You can use this survey to determine which plants and trees are situated in your property lines as well as which ones fall within your neighbor’s property.
The trees whose trunks are situated in your property line will be considered part of your property hence yours, and therefore, your sole responsibility when it comes to maintenance.
Things can be interpreted a little differently sometimes if a tree is located in your yard or side of the fence but leans in your neighbor’s property.
If the tree begins shedding leaves and branches in his compound, he’s most likely to be pissed off, rightfully so. There’s unwritten philosophy for that – your tree your leaves/branches!
The neighbor may get upset to a point of tossing or throwing the branches back to your side of the fence especially when it becomes too much to bear, something you should understand.
So, basically, you need to care for what’s on your side – if your tree begins upsetting your neighbor, it is your responsibility to cut the offending branches and dispose of them yourself.
However, this philosophy is usually relaxed a bit when it comes to fruits (sounds great, right?) – most jurisdictions recognize that if a branch of a tree laden with fruit hangs over the fence into your yard from your neighbors’ tree, those fruits are technically yours.
You can also choose to cut those branches if you feel like it.
Does Your Neighbor Have A Nuisance Claim, If Your Tree Branches End Up In His Yard?
This too can depend. Leaves are often considered to be a natural product.
Whether the leaves from your trees cause damage to your neighbor’s property, like clogging his pipes or gutters, he may not have a legal claim against you.
If, however, your tree branches shed those leaves while hanging over his yard, or your tree trunk is dangerously encroaching on his property, then he has a right to cut those branches and all overgrowths up to the agreed property line, but may not throw the debris on your property.
The neighbor may sue if the whole trunk of your tree leans or falls on their property and ends up causing considerable damages.
Laws Do Vary Across States, So Do Neighbors
Neighbors aren’t the same.
You can end up close to a neighbor from hell who, besides munching happily on your border mangoes, won’t count three to throw branches on your yard.
Yes, he may have all the rights to throw branches back on your yard depending on your local laws.
Some localities can permit you to throw garbage, not just tree branches, back in your neighbor’s compound if you can establish that the neighbor has purposefully left the tree unmanaged.
The same can happen to you: from fallen trees, the garbage that has been blown by the wind, branches knocked by wind, balls and dolls thrown over the fence by your kids – all those could be thrown back into your yard, you just need a no-nonsense neighbor.
Ask HOA Or Talk Over The Issue
If your estate is under HOA, you can easily settle your border-related disputes there with your neighbor.
And that should only occur if you are sworn enemies.
If both of you are in a given subdivision with your HOA, and you have no HOA-managed common land, you should consider solving your border-related dispute among yourselves.
Many homeowners don’t have issues with their estate neighbors until they realize that they are being irresponsible on matters regarding garbage management and care for their trees.
Some neighbors can be willing to talk to you about the leaves and branches left on their yards by your tree.
It is in your best interests to talk about it with them as well and even suggest options if you can’t manage the trees all by yourself. In reverse, you also want the neighbors to be considerate.
Cut Your Trees And Take Care Of Them
Tree laws in some areas can be murky.
Also, sometimes you just want to live in peace with your neighbors.
Therefore, it is in your best interest to get rid of problematic trees or take care of them to prevent conflicts.
Summary
Whether the neighbor should toss your tree branches back into your compound or not can depend on an array of factors all of which can considered differently across different localities.
You need to find out the legality of this by checking with your local authorities.
- By default, you own what’s on your side; the neighbor owns what’s on their property.
- The neighbor may freely trim the overgrowths and all the overhanging parts of border the trees
- The tree and shrubs usually belong to the owner of the yard where the entire trunk falls
- When you buy a home, it’s standard for the seller to provide a property survey that gives more information about what’s on the property and where it is
- The survey, therefore, should show the exact boundaries of the property.
- As neighbors, you can use this survey to determine which plants and trees are situated in your property lines as well as which ones fall within your neighbor’s property.
- Matters may be interpreted a little differently if a tree is located in your yard or side of the fence but leans in your neighbor’s property.
- In the event that your tree begins shedding leaves and branches in his compound, he’s most likely to be pissed off, rightfully so, and take an action.
- Your tree your leaves/branches, that’s the old philosophy when it comes to over-the-border trees
- This philosophy is usually relaxed a bit when it comes to fruits – most jurisdictions recognize that if a branch of a tree laden with fruit hangs over the fence into your yard from your neighbors’ tree, those fruits are technically yours.
- Basically, you need to care for what’s on your side – if your tree begins upsetting your neighbor, it is your responsibility to cut the offending branches and dispose of them yourself.
- Do neighbors right for nuisance claim if the leaves and branches from your trees keep falling and blowing into their compound? This too can depend
- Leaves are usually considered to be a natural product, so, whether the leaves from your trees cause damage to your neighbor’s property, like clogging his pipes or gutters, he may not have a legal claim against you
- If, however, your tree branches shed those leaves while hanging over his yard, or your tree trunk is dangerously encroaching on his property, then he has a right to cut those branches and all overgrowths up to the agreed property line, but may not throw the debris on your property.
- Your neighbor may sue if the whole trunk of your tree leans or falls on their property and ends up causing considerable damages.
- Laws and neighbors are never same across regions.
- Talking and negotiations are everything – it is in your best interests to talk with your neighbor about the issue with and even suggest options if you can’t manage the trees all by yourself.
- Better yet, you can get rid of problematic trees or take care of them to prevent conflicts
