Legal Question in Real Estate Law in Hawaii

Plant Encroachment

My neighbor has a large fruit tree that is planted approx. 5 feet from the property line. The branches of this tree extend up to 7-8 feet above my property. The leaves and fruit continuously fall unto my property. Can I cut all the branches encroaching over my property?

He also has a hedge which has grown over teh property line by about a foot. Can I trim this hedge back to the property line?

Asked on 5/10/04, 8:40 pm

1 Answer from Attorneys

Jon Zahaby Zahaby Law Offices
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Re: Plant Encroachment

A Hawaii case, which is still good law, called Whitesell v. Houlton, stated that, "a landowner may always, at his own expense, cut away only to his property line above or below the surface of the ground any part of the adjoining owner's trees or other plant life."

Aloha, Jon A. Zahaby, Esq. 526-0892

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Answered on 5/10/04, 9:32 pm

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