Legal Question in Real Estate Law in Rhode Island

Re: Tree on property line.

Your neighbor does have a common law right to trim back any trees that overhang his property. This right was re-affirmed in a 1975 case by the name of Rosa v. Oliveira. In that case the RI Supreme Court in upholding the action by the landowner who cut the neighbor's tree stated:

"In taking such action, she was exercising her common-law right as a

landowner to cut off the limbs which were overhanging or encroaching

on her property from trees located on the adjoining property"

As to whether your neighbor can compel you to cut the tree back that is a much more difficult question. The neighbor could sue for "equitable relief" which would be an injunction ordering you to cut back the tree. This may however be a costly and time-consuming method costing far in excess of the cost of just cutting the tree.

Finally, over the years I have been paid a lot of money to preside over neighbor wars and even I think it is a tremendous waste of money. Unless you are planning on moving in the near future, I would be very careful about getting into an unnecessary fight.

I hope this is helpful, if not please feel free to call.

Jules J. D'Alessandro, Esq.

D'Alessandro Law Associates, Inc.

1515 Smith Street

No. Providence, RI 02911

Tel: (401) 353-0440

Fax: (401) 353-0344

E-Mail: [email protected]

Web: www.dlawinc.com

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