Legal Question in Real Estate Law in Ohio

Rights of Homeowners in Regards to Trees

There is a tree that a majority of the stump resides on my property. The tree is approximatley 40 feet tall and at least 30 years old. My neighbor has stated that we are responsible for prunning the limbs on thier side and for any damage that may be caused as a result of a limb falling on wither their house or property. We did have a tree trimming service come out and the service stated that our neighbor is responsible for trimming their side of the tree.

Who is legally reponsible for trimming the tree and am I responsible for any damage from falling limbs as a result of natural causes(weather)?


Asked on 12/13/04, 2:41 am

1 Answer from Attorneys

William Chris Roderick Linton Belfance LLP

Re: Rights of Homeowners in Regards to Trees

You each have the right to trim the tree from the property line up. You could be responsible for damage if you were aware of an unsafe condition. Essentially, your neighbor is wrong, but you are better off taking care of it since it appears that your neighbor may be looking for a fight.

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Answered on 12/13/04, 10:20 am


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