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Trees and shrubs do not respect boundary lines. Some property owners are distressed by this. Most of us do not mind if a neighbor's landscaping hangs over onto our property. Some do, however, especially if the encroaching growth is messy. You need not tolerate overhanging plants and trees if they bother you. Arizona law provides a remedy. Before you exercise legal rights, you should speak with your neighbor about the problem. An amicable solution is always preferable to confrontation. If you cannot informally solve the problem, however, you may take the law and the pruning shears into your own hands. You are legally entitled to cut back encroaching landscaping to your own property line. You have this right even though your grooming may result in a peculiar-looking tree or shrub. You could sue your neighbor to force him or her to do the trimming, but I generally do not recommend this. In most cases it will be simpler and will cost less to do the pruning yourself. Property owners should visualize their boundary lines as extending vertically into the air. Plant material that offends your neighbor should not penetrate these invisible planes. A somewhat different rule governs "boundary line" growth. This term applies to landscape material that is planted on a boundary line separating two properties. You or a prior owner of your property may have agreed with a neighbor to plant trees or shrubs on the boundary line between your lots. This landscaping is jointly owned by you and your neighbor. You may trim boundary line growth, but you may not generally damage, destroy or remove it without your neighbor's permission. People are possessive about their property rights. Some are very serious about them. As a result, property disputes can spin out of control. As with all legal rights, you should exercise common sense and discretion in enforcing your property rights. If you find yourself on the receiving end of a neighbor's pruning activity, accept the limits of your property lines. When you plant new trees and shrubs on your property, plan ahead. Imagine what they will look like when full grown. If your 5-gallon eucalyptus tree eventually is likely to extend over your neighbor's swimming pool, plant it elsewhere, or not at all. Always temper your possessive feelings about your property and landscaping with a large measure of common sense. We all must live together in a complex and crowded world. |