Legal Question in Real Estate Law in Pennsylvania

Re: property borderline

Pennsylvania law affords a full panoply of remedies to a landowner whose property is encroached by overhanging branches or tree limbs. First, an aggrieved landowner is entitled to exercise a self-help remedy by either trimming or lopping off the branches to the extent his property is encroached. Second, if the landowner has incurred reasonable expenses in the course of exercising a self-help remedy, he may recoup those expenses from the trespasser. Third, he may, on a trespass theory, seek equitable relief compelling the trespassing neighbor to remove the trees to the extent of the encroachment and seek appropriate incidental and consequential damages. Pennsylvania law requires no showing of physical harm or damage to the land before a possessor of land can enforce his right to freely enjoy unencumbered and exclusive use of property he rightfully possesses.

Jones v. Wagner, 425 Pa. Super. 102 (Pa. Super. Ct. 1993)

Based on the above case it would appear that the owner of the proerty on which the tree trunk was has the responsibility of cleaning up the mess and related damages.

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Re: property borderline

This is interesting. I think your neighbor asked the same question a day or so ago. My suggestion was to turn it over to both of your homeowners' insurance companies and let them decide but I think Mr. Brown's answer is correct if you want to litigate the issue especially in light of the fact that it was a "rotten" tree trunk.