Q: Neighbors tree is hanging in our yard. If we cut it it will die. Can they sue us?
The tree grows straight on their property for 10' then takes a hard left and all branches are on our side. If we cut what is on our property, it will die. They told us they will sue us if it dies. What can we do?
A:
Normally you can remove branches over your own property without the permission of the person next to you where the trunk is located.
HOWEVER if you kill the tree in the process, that is not permitted. It sounds like you're setting yourself up to fail if you simply cut the branches without consent.
This is a CLASSIC case of 'why would you think such a funky shaped tree is worth anything beyond the lumber value' but sometime people don't think 'logically' about things, and it is important to not 'just do things and hope' but actually get consent first.
MCL §600.2919 controls here, and if you do this wrong you could be subject to triple damages. Be sure you get local legal advice because this isn't always as 'simple' as it seems.
Thomas. R. Morris agrees with this answer
A:
Generally, in Michigan, when limbs of a tree hang from another’s property onto your property, you may have the right to trim the limbs that extend past the property line. However, two things are VERY important to know: (1) you may only trim up to the property line, and (2) you may only trim it from your property.
You may not go onto your neighbor’s property to trim a tree. Be advised that you are responsible for any damage you may cause to the tree. If the tree dies from the actions you take, your neighbor can bring a civil claim against you.
Speak to a qualified real estate attorney before your neighbor files a civil action for the destruction of a tree. Tree owners are entitled to three times the value of the tree. Malicious destruction of a tree can also result in criminal charges.
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