I've been blessed with great neighbors everywhere I've lived. I've never had a dispute with a neighbor. I think that would be awful. I don't know why I've always been so lucky, I've lived in thousands of places over the years and haven't had a bad neighbor yet!

But, I have heard some pretty intense horror stories from friends. So, I feel very fortunate. What happens when a neighbor's trees, branches, or budding vines get a little overgrown, and encroaches on your property? That spot in the sun you need for your tomatoes to grow, for example.

 

Can You Legally Cut a Neighbor's Branches over Your Fence
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Is It Illegal to Remove Your Neighbor's Branches?

Although the facts and rulings in Washington cases have been complicated, one thing is certain, boundary line trees are treated differently than the run-of-mill encroaching branches and roots.

Washington State law doesn't cover you going over onto your neighbor's property to cut down branches, bushes, or trees that are overgrowing on your side of the fence.

If a dispute happens between you and your neighbor, the cases become more complex. Be careful: overzealous trimming could potentially lead to a timber trespass lawsuit, with you having to pay treble damages plus attorney's fees! (See Washington State Law RCW 64.12.30.)

 

Is It Legal to Cut Your Neighbor's Branches on Your Fence
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What to Do If Your Neighbor's Branches, Trees, Etc. Are Overgrowing on YOUR Side of the Fence?

The best thing in my opinion would be to ask your neighbor if they mind if you trim the tree branch hanging in your yard. You might also offer to let them do the trimming if they'd prefer.

I think the key thing is to make sure you connect with your neighbors, so they are kindly aware that you need to resolve the tree branch issue.

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Here are a few things to consider:

 

1. Check the law(s) in your city or county about chopping down a neighbor's overreaching plants, branches, and trees.

2 Contact your neighbor directly and kindly.

3. If you are allowed to trim, trim respectfully as to not harm the tree.

4. And remember: It's also illegal to throw tree branches into a neighbor's yard without their permission.

 

Branches you cut or that fall onto your property become your responsibility. Homeowners involved in tree disputes must abide by local laws.

 

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