Brooklyn, NY asked in Land Use & Zoning and Real Estate Law for Michigan

Q: I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property.

I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property. My neighbor picks up all of twigs and branches and dumps them into my property. He claims that since the tree trunk is in my property that I need to deal with all of the mess. Is he correct or does he need to clean up the branches on his own and is violating my property?

2 Lawyer Answers
David Soble
PREMIUM
David Soble
Answered
  • Real Estate Law Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: He is responsible for cleaning up the branches that fall on his property. However, generally, in Michigan, when limbs of a tree hang from Party No.1's property onto Party No. 2's property; Party No. 2 may have the right to trim the limbs that extend past the property line. Debris that falls from one person's tree on another's property is not the tree owner's responsibility. Under the law, Party No. 2 can may only trim up a tree to the property line, and (2) they may only trim it from their property.

Trent Harris agrees with this answer

Trent Harris
Trent Harris
Answered
  • Jackson, MI
  • Licensed in Michigan

A: I agree with Mr. Soble. When your neighbor dumps the twigs and branches back on your property, that is a trespass. You could theoretically sue for damages, but this would be something best resolved out of court between you and your neighbor.

Thomas. R. Morris and Kenneth V Zichi agree with this answer

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