Legal Question in Real Estate Law in Virginia

Tree Trimming Responsibility

I have a large 100+ year old tree in my back yard. There are several large limbs my neighboor has asked me to remove because of squirrels and branches which are growing near to his house/gutters. He is asking me to pay the bulk of the cost and to be responsible for arranging the work/signing the contract, etc. He has agreed to pay less than half of the cost to me (not the contractor). I took care of it last time but have since heard from several people in my area that each homeowner is responsible for trimming trees near their home, the actual owner of the tree is not liable. I don't wish to pay/accept liability for potentially dangerous work near his house if I don't have to. Please advise.

Asked on 3/26/07, 2:50 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Tree Trimming Responsibility

Yes, the homeowner who has intruding trees overhanging his or her property is entitled to have them appropriately trimmed back and is normally expected to pay the costs associated with such tree trimming.(This person also bears the risk of responsibilty for any damage to the tree(s)which may result from such trimming.)

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Answered on 3/26/07, 3:17 pm

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