Montpelier, VT asked in Real Estate Law for New Hampshire

Q: My neighbors tree has large branches over hanging onto my property. Can I legally cut them if it’s their tree?

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1 Lawyer Answer

A: There is no clear answer to this question in New Hampshire, surprisingly. The Vermont Supreme Court case of Alvarez v. Katz has some guidance (Vermont law): https://law.justia.com/cases/vermont/supreme-court/2015/2014-385.html.

Practically speaking, if you cut without permission, you are risk the possibility of a claim against you (particularly if it would damage the health of the tree). Best to reach some sort of written agreement/permission with your neighbor.

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