the neighbor owns up to his property line and that includes above it to the heavens and below to hell....yes, he can cut those branches....

Ask the neighbor to have it trimmed for safety reasons. Should they refuse you can cut it back to the property line. They cannot encroach!

I'm going to be interested in seeing the answers from all over the country, and hope that some of the attorneys among us will weigh in. Because I think it's the tree owner's responsibility to keep that tree trimmed back to where it does not encroach. So if it was my neighbor, I would request that they have the tree trimmed back to where it cannot fall over into my yard. If they refuse, I would probably contact my attorney to make sure it's okay for me to do so. I wouldn't want to wait until a problem came up.

It is not a clear CUT answer. Sure the tree is encroaching onto your property, but is cut back to the point that tree is out of balance to the point the topples over and does damage to the property of the tree owner, it most likely will be found that the actions of trim resulted in the cause of the damage.

A court found in the favor of the tree owner, that the tree was out of balance. Due to extreme cutting on one side, this caused it to fall and cause damage to the owners home.  Experts  explained that the tree had withstood  years  and many hurricanes. The tree fell over 3 month after being trimmed in a minor thunderstorm. they argued that the tree should be trimmed on all sides equally would of reduced that chance of the tree falling over. 

So be careful with trimming trees and try to make all parties happy and agree  before work begins.

I don’t think it is always a simple matter as there may be local regulations. It would seem best to have the “owner” of the tree take care of the issue. Consulting an attorney might be prudent.

Wanda Kubat-Nerdin I would say if it was a nuisance encroachment, they could trim the tree. However, asking permission keeps good neighborhood relationships.

It occupies air 'over' the neighbor's property - it's absolutely his/her right to trim it. 

Most 'nice' neighbors alert the owner of the root of the tree first though!

You are allowed to trim the portions that overhang your yard... but nothing that could damage the viability of the tree.  So it's probably best to hire a professional arborist, when doing the trimming... just in case.

We had that problem when we were younger. A neighbor's apple tree grew onto and over the fence surrounding our pool area.  We would be hit by apples all the time and they would be bobbing in the pool.  My parent would keep cutting the branches on our side of the fence and the neighbor was ticked the tree not thriving.  You don't plant a tree on a propert line.

Yes it is legal but no more than the fence line...

That's a great question for an attorney in your area.

In the State of Utah Wanda Kubat-Nerdin , you can trim to the property line, provided you don't damage or destroy the tree, or remove its fruit.   If you injure the tree, you could be liable for three times the damages, more if the damage was intentional.   Utah Code Ann. § 78B-6-1002 (partial authority)

Most of the answers here believe it's legal, but given the picture you provided, the encroachment is severe--it's not merely an overhang situation, potentially placing corrective measures within your state's triple damage statute.

I would write a letter to the neighbor requesting it.

In IL, you can chop the parts that are on your side of the yard. Problem I see with this scenario, after trimming the tree will fall over.

Yes, but it's best to check with the neighbor and just ask if they mind if you trim some limbs back. They might prefer to trim it themselves, or hire a professional arborist to trim it back.

That happened to me just recently and we talked to the neighbor.  The weekend they trimmed the tree.

In my city, the owner of the tree is responsible for maintaining it. However, if it encroaches on my property, I am legally permitted to prune it back without asking permission.

I believe that could very much depend on laws in each local jurisdiction.

yes you can.  But I totally agree with Debe about the good neighbor policy

Like most things in life, this is not a question that involves a simple trim/not trim answer in my opinion.  I'm glad to see Brian L. Sirota, Esq. answer from his legal perspective.   

Generally those brances are the responsibility of they person who owns the land below them, but since trees are very expensive it is best to check with a lawyer and an arborist before cutting any of them.

Yes you can if it is encroaching on your property. Proper thing to do would be check with your neighbor first.

I would check with the local authorities in your county or city.

I don't know what the law would say. But......

If it was my property, and a neighbors tree was leaning on my property, possibly dropping its leaves and chestnuts or chipmunk crap or whatever on my property, I wouldn't feel bad about trimming it.

Yes.  It is encroaching onto your property.

Yes.

It is YOUR property up to the heavens and the neighbor is an idiot for planting it so close to the property line...and it they did not plant it, they need to trim it so that it does not encroach on the neighbor.

Eve

Wanda Kubat-Nerdin It should be legal, but must fallow local rules.

Probably. You need to comply with the local laws and regulations.

Trim but don't kill or you are liable.

I would check with local municipalities. My clients just closed on a home last month.  The neighbors tree was encroaching over the fence and into the chimney presenting a safety hazard.  We knocked on the neighbors door and  explained the situation.  He agreed that it needed to be cut and authorized my clients to have it trimmed.  

Sounds like the tree is a hazard. Check with a local attorney, but my understanding is that on your side of the property trimming is permitted.

I think it is legal, but I would check with the local authorities first.

Neighbor always wins, including roots encroaching.

Start with talking with the neighbor and then if you can't come to an agreement look for other avenues.  But if there is a danger to property take care of it right away.

Barbara Todaro summed it up, short and sweet.

Knowing Wayne Martin is or was an attorney, I'll bow to his wisdom

I believe this to be a legal issue. If the encroached neighbor trims it and damages the growth of the tree, the tree owner could sue for damages. I do know that if the tree falls onto the encroached neighbor's property it is the encroached neighbor's responsibility to take it away. That is our local law and our insurance paid for removal. It doesn't seem right though.

Wanda,

Jeff Dowler has a reasonable answer.  A

Legal.

Depends on which local and state laws prevail over the dirt in which the tree is rooted.

Some state laws could compel the owner to correct verifiable harm.

IN the land of fruits and nuts an owner was required to remove a tree because the shadow it cast fell upon the neighbotrs solar panel.

Other states and local laws allow property owners to protect all that encroaches on their property line but not compel the 'tree owner' to fix.

In other locations unsolved tree murders has been known to occur.

If the tree falls on your home, then you are responsible; not the neighbor. Go ahead and trim the branches that encroach onto your property's space.

In Colo.  The neighbor has the right to cut the part on their side.  Does not make for good neighbors sometimes.

It is legal here in Florida.  And it does make for some strange looking landscaping.

It happens very often...unfortunately. I am not sure about the legal suggestion on it , but principals usually reach out to the neighbor to discuss the matter privately since some trees can be damaged and die if not trimmed professionally. 

Yes, but if the trimming will affect the vitality of the tree, you might give the neighbor the opportunity to have his own arborist in to take care of the problem to fix any potential problems back on him. A paper trail of all diligent efforts to enlist his input and control of the situation is to your benefit.

Discussing the issue with the neighbor is the first step. If the neighbor refuses to trim the tree the neighbor has the right to trim what is encroaching on his property.

Wanda Kubat-Nerdin - when Barbara Todaro says so....

It is here.

Yes.  You can do what you want when it's on your side of the line.  I trim the branches of my neighbor's tree every 1-2 years when they start covering up my orange tree.

I'd reccomend talking to the neighbor first, then doing what is necessary to clean up over the line. Make sure the property line is established. 

Only after the neighbor refuses to take care of the problem.

Parked and reading...