Legal Question in Real Estate Law in Hawaii
property lines
My next door neighbor has a large monkey pod tree that overhangs and perpetually shades about 20% of my back yard which is retarding the growth of plants and shrubs. If I cut off the portion of the tree branches overhanging the property line onto my side of the property line could I be liable should he decide to take legal action.
2 Answers from Attorneys
Re: property lines
If the tree grows and is planted soly on his property, the law of real property provides that he cannot encumber your property with his tree. Ask him to cut it, if he doesn't you can get an injunction to make him do this.
Re: property lines
This may be rumor and it may vary from one state to
another, but I heard once that the law in at least one
state was that anything hanging over your fenceline
is yours to cut down. (You should prefer to have them
do the cutting because it will keep out of your property
longer if cut further back towards the trunk, and because
there would be work involved which you should prefer they
do.)
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