Tree removal agreement between neighbors 2025

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If a neighbors tree falls onto your home, causing damage, your first instinct might be to reach for a lawyers phone number. You might want to hold off on that. In 1998, an Ohio Appeals Court ruled that property owners can only be held liable for damages caused by falling trees if they are found to be negligent.
Under the Ohio tree laws, trees are considered a part of the property and landowners have a right to that tree, even if it is only halfway on the property. Because of this, it is best practice to get a neighbors permission before removing any tree that sits on the property line.
Legal Responsibilities for Overhanging Branches If your trees branches hang over into a neighbors yard, you are not necessarily responsible for trimming them. Conversely, if your neighbors tree branches hang over your yard, you have the right to trim them, but only up to the property line.
Sample Certified Letter Template: Dear [Neighbors Name], I am writing to bring to your attention a concern I have regarding a tree located on your property at [Neighbors Address]. The tree in question is [describe the trees location, size, and any visible issues, such as dead branches or leaning trunk].
The short answer is yes in most places. Most towns and cities have a bylaw that states that parts of a tree growing in your neighbors yard that grow over the fence into your yard, are in fact your property and you can do as you wish with those parts such as trimming or cutting down or leaving.
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Overhanging limbs can shade a neighbors house, lawn, or garden. A neighbor may trim branches of a tree that cross onto his/her property, but it is always wise to talk with the tree owner before taking action.
Your recourse here is to call the police or sheriff and file a formal complaint for trespass and destruction of personal property (ie the trees).
The Right to Trim: You are legally entitled to trim branches that extend onto your property, but remember, you cant go onto your neighbors property to do the trimming without their permission. Also, you must be careful not to harm the overall health of the tree.

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