Who is responsible for tree branches hanging over a neighbor's garden?

Answer 1

Whoever has the tree planted in their garden is responsible for maintaining it and any costs associated with lopping branches etc. If neighbours complain about branches overhanging their yard and its your tree, fix it because if that branch results in any damage, say it falls during a storm etc, you are responsible for any damage!! I have just been through this with a neighbour, if the tree is in your garden, you're responsible, if its in theirs, it their responsibility.

Another Perspective

This can be a troublesome situation and there seems to be no single answer. You should discuss the situation with the owner of the tree and ask that they remove the offending branches. If they don't want to spend the money having the tree trimmed then ask if they mind if you have it done. If they refuse to agree on a plan, in many jurisdictions you can cut branches from a neighbor's tree that overhang your property. It should be done by a professional so as not to cause damage to the tree. You will be liable if your trimming damages the tree.

You should consult with your town building department to determine your local practice and rules. Perhaps they can provide a quick answer. If not, try your homeowner's insurance company. If you can't get a definite answer then consult with an attorney who specializes in real estate law.