Legal Question in Real Estate Law in Virginia

Tree and Neighbor

We have a crape myrtle tree of which the trunk is wholly on our property. We have a new neighbor who has opted to park his boat against our fence. With this he has asked us to cut back the tree far enough that the petals do not fall in his boat. What is our responsibility here ? Cutting back the tree as far as he would want us to would kill it.


Asked on 1/30/08, 7:32 pm

1 Answer from Attorneys
Jim Bowman James E. Bowman PLLC

Re: Tree and Neighbor

Property owners generally have the right to trim branches and roots that stray into their property. So, if leaves are falling into the neighbor's yard because of the branches that are over the property line, then he may be allowed to trim these branches, but he can only trim the tree up to the property line. Generally, he cannot injure the health of the tree by his trimming.

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Answered on 1/30/08, 7:48 pm


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