Q: Can we trespass on neighbor's property to cut down a tree that grows from my property and overhangs the neighbor's?
I've got a tree that's on my property but severely overhangs the neighbor's yard. I want to remove it, but can't do so without it falling on the neighbor's property. The neighbor refused us access to enter the property and has dogs in the fenced in yard. How am I suppose to cut down my tree?
A:
Why would you want to? If it falls on the neighbor's property, that would be your neighbor's problem.
If you want, you could send your neighbor a letter, by certified mail, reciting that you asked permission and the neighbor refused to give you permission.
A: No you would not have the right to trespass. Not sure why the neighbor does not want the tree cut. I suggest that you put in writing your desire to cut the tree back and ask permission. It will be very good for you to have in writing that your neighbor refuses to let you briefly go across his land to remove the tree limb, in the event that some day in the future the limb breaks and causes damage to his property.
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