The court has confirmed that homeowners have the right to self-help, which means they can prune the branches or roots of a neighbor's tree that invade their property. By law, you can cut off branches and branches that extend beyond the property line. However, the law only allows trees to be trimmed and trees cut down to the property limit. You cannot enter the neighbor's property or destroy the tree.
If you damage the tree, you could be held responsible for up to three times its value. Most trees have a replacement value of thousands of dollars, while ornamental or iconic trees can even fetch tens of thousands. Removing unwanted trees without professional help may seem like an economical alternative, but it presents many risks. Virginia law allows you to prune branches from a neighbor's trees if they invade your property. In this case, there is no difference when it comes to aerial problems of pruning a tree or pruning your neighbor's tree that crosses your property line. When your family is at risk of cutting down trees with excessive debris, looking for tree service companies and websites isn't a quick or reliable solution.
On the other hand, if the tree was not properly maintained and your neighbor knew or should have known that the tree or its branches posed a threat, then your neighbor could be responsible for the damage caused. If you are interested in issues related to trees and want to learn more about the Massachusetts Rule, the Hawaii Rule, and the Virginia Rule, Smith v. During that review, the court clarified that Virginia residents are generally not responsible for damage that results from falling trees on public roads. During winter months, when trees are dormant, pruning them will cause less stress and leave them ready to grow again in spring. However, if tree branches that lose their leaves hang over your garden or the trunk of the tree invades your property, then you have the right to prune those branches to the property line. Regardless of knowledge about trees, it's also important to note that Virginia courts generally don't hold the defendant accountable when weather events or invisible rot are the reason for the tree's fall. Tree removal costs vary widely depending on the number of trees removed, their height, trunk diameter, and accessibility. Under Virginia law, it is your responsibility to clean up most of the annoying objects that a tree might drop in your yard.
If your neighbor took reasonable care to maintain the tree branch and a reasonable person didn't think the tree branch threatened to fall, then probably not.
