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Old 06-24-2009, 09:55 PM
 
3 posts, read 12,678 times
Reputation: 10

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My neighbor's tree branches hang over into my yard, right over my clotheslines, and drip sap. Needless to say, I can't use my clotheslines anymore. The neighbor has "problems" and is violent, so there is no talking to her - about anything. We've tried.

I've asked a couple of lawyers who told me that it is within my right to trim her overhanging tree branches up to the property line, as long as I don't damage or kill the tree. A few weeks ago I actually found the ordinance that stated this, but now I've "lost" it and can't find it. I don't remember if it is a Louisville/Jefferson Cty ordinance or a Commonwealth of KY ordinance.

However, a city representative told me tonight that I do NOT have the right to trim branches, and that property lines do NOT extend "upwards", i.e., into the sky. I'm inclined to think that she is wrong, but I need some proof of what is legal.

Anybody out there know the legalities of this particular issue? I might also add that prior to last week's storm, one of the branches was so low that I couldn't even walk under it. Thankfully, that branch came down in the storm.

I find it hard to believe that Kentucky would be one of the only states that would not allow residents to trim their neighbor's overhanging tree branches that encroach onto their property.

Help!
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Old 06-25-2009, 04:37 AM
 
Location: Louisville KY Metro area
4,824 posts, read 12,476,629 times
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I just know that Louisville ordinances require trimming of all vegetation such that a pedestrian on a sidewalk can walk without having to duck. This was done with blind people in mind.
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Old 06-25-2009, 10:14 AM
 
Location: Kentucky
6,749 posts, read 19,551,450 times
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Quote:
Originally Posted by kentuckywoman2 View Post
However, a city representative told me tonight that I do NOT have the right to trim branches, and that property lines do NOT extend "upwards", i.e., into the sky. !
I found this on findlaw.com though it is not state specific, I would think this is generally accepted :

•As a general rule a property owner who trims an encroaching tree belonging to a neighbor can trim only up to the boundary line and must obtain permission to enter the tree owner's property, unless the limbs threaten to cause imminent and grave harm. A property owner cannot cut the entire tree down and cannot destroy the structural integrity or the cosmetic symmetry and appeal of a tree by improper trimming
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Old 06-26-2009, 10:21 AM
 
Location: Brooklyn New York
15,226 posts, read 23,743,496 times
Reputation: 19847
Anything that is on your property you can cut. Since they don't seen nice, even more so would I cut the branches !!!! Hey, your clothesline is more important.....at least to me !!
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Old 09-25-2015, 09:06 AM
 
7,080 posts, read 3,778,159 times
Reputation: 10569
Bumping this up. In my case, it's a rental house where the neighbor's tree (planted right next to the dividing fence) not only constantly drops branches and blocks the sun, but now actually reaches my roofline. I think the raccoons are looking to move in for the winter! Do I have the right to trim to the property line and, furthermore, do I have to be the one to do it or pay for it? Seems to me the tree-owner should be responsible for keeping his tree on his property, but I'll let the legal minds out there tell me what Kentucky state law dictates on this. Thanks.
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Old 09-26-2015, 07:00 PM
 
2,391 posts, read 3,865,534 times
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I don't know the answer but from my past experience with this issue, I talked to the owner and asked if I could cut the tree limbs hanging on my side due to reasons and they told me "it was okay".
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Old 09-26-2015, 09:27 PM
 
3,464 posts, read 4,299,109 times
Reputation: 7106
I had an issue where my neighbors tree fell in my yard and damaged my car. I learned a lot about tree law
You may trim what comes over into your yard. For an insurance claim, most things fall under "Act of God" and aren't covered unless beforehand, you sent the neighbor a certified letter after an arborist inspects the tree and finds it a threat to your property. Then, should it fall, they have responsibility and will allow for a more broad range of legal/insurance options.
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