Legal Question in Real Estate Law in Delaware
trees near property lines
My husband and I own property in Delaware. We have a large tree growing in the rear of our yard and about one third of the branches overhang into our neighbor's yard. Over the years we have used the services of an arborist to trim our trees. Recently our neighbor approached us and stated she would like to have most of the overhanging branches cut off. I suggested we meet with the arborist to get his opinion. We did so and he told us that cutting so much of our tree would likely severely damage it or kill it. Our neighbor also insists that we are responsible for the cost of trimming the tree even on her side of the property lines. We have always taken responsibility for the branches on our side of the property lines even if the trees were located on other neighbor's yards. The arborist has declared the tree to be healthy and we enjoy its shade. He recommends trimming the overhanging branches to lighten the weight and clear any branches away from our neighbor's home but not to cut off one third of the tree as our neighbor wishes. Legal opinion please. Thank you.
3 Answers from Attorneys
Re: trees near property lines
I just enrolled in rogram. If you still need Delawre real estate please contact our firm. Edward Pankowski
Re: trees near property lines
I just enrolled in rogram. If you still need Delawre real estate please contact our firm. Edward Pankowski
Re: trees near property lines
Generally your neighbor is entitled to use self help in trimming branches and roots back to the property line at their expense.
Generally the courts will not order you to bear the expense unless there is significant damage to their property.
Services available through my Wilmington office for a reasonable fee.
"Normally, this right of removal is considered a sufficient remedy, and an action for damages or for a mandatory injunction to compel the owner of the growth to remove the encroachment will not lie. It is only where some actual and substantial damage has been sustained that an injured landowner may compel the removal of the offending branches. 2 C.J.S. 51, Adjoining landowners ยง 53."
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