A landowner is entitled to make reasonable use of his or her property. However the use of one's property in a negligence manner by failing to remove a tree that poses a significant danger to adjacent property can cause the negligent landowner to be financially responsible for any such damages.
New Mexico Notice to Landowner of Damaged Tree that Poses Threat to Property of Adjoining Landowner
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FAQ
You can trim branches or roots that cross into your property from a neighbour's property or a public road. You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.
Entering someone's property, without permission, to cut a tree would undoubtedly be illegal. You may need to take matters to court.
Under common law, a person may cut back any branch (or root) from a neighbour's tree that overhangs or encroaches onto their property. In cutting back any overhanging branches (or encroaching roots) the following must be observed: you must not trespass onto the land on which the trees are growing.
You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property. If you live in a conservation area, or the trees in the hedge are protected by a 'tree preservation order', you might need your council's permission to trim them.
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don't like the way it looks, it's up to you whether you do the work.
The responsibility for the tree and any damage it may cause is that of the tree-owner. If his tree damages your property then he is liable. Should the situation become a legal dispute then you may be covered for your legal costs.
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don't like the way it looks, it's up to you whether you do the work.
You may not cut down the tree. You need permission to enter the tree owner's property. You cannot injure the tree when trimming. Trimming may only occur up to the boundary line between properties.
Under common law, a person may cut back any branch (or root) from a neighbour's tree that overhangs or encroaches onto their property. In cutting back any overhanging branches (or encroaching roots) the following must be observed: you must not trespass onto the land on which the trees are growing.
If the branches of a neighbour's tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour's property, as long as the tree is not under a tree preservation order.
