Legal Question in Real Estate Law in Nebraska

tree branches

am I responsible for tree braches hanging over the neighbors yard?


Asked on 7/21/07, 8:44 pm

2 Answers from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: tree branches

The answer is a lot more complicated than the question. If the trunk is located entirely on your property, then it is your tree. If the tree is diseased or damaged and presents a hazard to your neighbors or a passerby, it is your responsibility to prune or remove the tree and eliminate the hazard. If the branches or roots invade your neighbor's property, the courts generally hold that their sole remedy is to trim back the offending roots or branches in a manner that is not likely to harm the tree, if possible. Neighbors can pick any fruit hanging over their property, but you may not enter their property to pick fruit or prune the tree without their permission. Leaves fall where they may as nature dictates and the owner of the tree is not responsible for raking them up or cleaning out the neighbor's gutters. If the tree trunk is on the border between the two properties, then it is joint property and nothing may be done to harm or remove the tree without the permission of both parties or with a court order.

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Answered on 7/21/07, 10:24 pm
rajeshwar sharma rajeshwarnathsharma

Re: tree branches

Yes if the tree is creating trouble to neighbours may be yard or less than.

It is advisable to consult attrorney/lawyer

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Answered on 7/22/07, 4:14 am


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