Legal Question in Criminal Law in Missouri

State of Missouri. trees were plated by neighbor about 6 inches from the fenceline. neighbor was told when she was planting the trees that the branches need to be kept clean on our side. they were not and husband cut the branches hanging over property line, he cut to trunk as that is how it is suppose to be done as to not harm tree. now property damage charges filed. no malicious intent, the trees are healthy and thriving, pleading Not Guilty...any advice


Asked on 2/10/12, 11:59 am

2 Answer from Attorneys
Anthony Smith LawSmith

unless you have agreed otherwise, you can cut the branches and roots that grow onto your properrtty. If the tree was planted six inches from property line, it would not take long for edge of trunk to reach property line. It will be up to prosecutor or plaintiff to prove that your husband cut portion of tree on the other land. If fenced line is on neighbors side of propertgy line, they might be ablr to.

Good luck

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Answered on 2/10/12, 10:31 pm


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