What can you do if there's a tree in you neighbor's yard, but its branches hang over into your yard?
In the scenario where a tree from your neighbor's yard has branches extending into your property, you have certain rights and responsibilities under North Carolina law, specifically N.C.G.S. § 14-128.
Right to Trim: You are generally entitled to trim the branches of your neighbor's tree that extend onto your property, up to the property line. However, this right is subject to certain limitations and responsibilities.
Understanding N.C.G.S. § 14-128: North Carolina General Statute § 14-128 deals with the willful and wanton injury to trees. It's important to note that while you have the right to trim, you cannot legally harm the tree. Under this statute, causing deliberate and unnecessary damage to the tree can lead to legal consequences. it is a Class 1 misdemeanor.
Check Local Laws: Always check local ordinances and regulations before trimming, as they may have specific guidelines or requirements regarding tree trimming.
Professional Assistance: For safe and legal trimming, consider hiring a professional arborist. They can ensure that the tree is trimmed properly, respecting both your rights and the health of the tree.
Neighborly Communication: It’s beneficial to inform or discuss with your neighbor before proceeding with the trimming. This can help maintain good neighborly relations and prevent misunderstandings.
Avoiding Damage: Take care not to damage the tree's health or stability. Illegal or harmful trimming can lead to legal issues.
Legal Advice: If you encounter objections from your neighbor or face a complex situation, seeking legal advice might be prudent to fully understand your rights and obligations.
While you have the right to trim branches hanging into your yard, it's important to do so in a way that is respectful of the tree's health, compliant with local laws, and considerate of your neighbor!
Pamela Greene
Master Property Manager
