Legal Question in Civil Litigation in Virginia
My neighbor planted trees on his side of our adjoining property line that run the length of his property. Since planting, the trees have grown and extend over the line onto my side. What law or decision allows me to cut those trees on my side of the line?
2 Answers from Attorneys
Yes. under applicable Virginia law, you are entitled to trim back to
the property line any tree overhangs or encroachments onto your property but without damage to the tree(s). However, in view of the latter
condition for the trimming, you would seem well advised to engage
the sevices of a professional tree trimmer to handle the job in order
to minimize your exposure to possible liability.
650 S.E.2d 519
Richard A. FANCHER
v.
Joseph B. FAGELLA.
Record No. 062339.
Supreme Court of Virginia.
September 14, 2007.
[650 S.E.2d 520]
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