7 days ago
Can you cut your neighbor's tree branches if they are in your yard? What RI law says
Fences may make good neighbors, but not every privacy plant does.
You know the plants – the blackberry or raspberry sending canes into your yard with leaves reaching over the fence, the lilac, that while pretty for a few weeks in the spring, is otherwise running amok, a tree branch that is causing too much shade and makes you nervous.
These plants can cause neighborly disputes, so can you just trim it back to the property line? Here's what to know about the law in Rhode Island, according to attorneys and town governments.
Can you trim a tree branch crossing into your yard?
You can cut branches that overhang into your yard in Rhode Island.
In the 1975 case Rosa vs. Oliveira brought to trial over some cut lilac branches, the Rhode Island Supreme Court ruled in favor of the neighbor who cut the limbs overhanging on her property. Since then, it's held in court.
That means if a tree's roots, stem, branches or other parts interfere with or hurt your property in some way, you are allowed to cut them back as long as you don't damage the health of the tree.
Can you pick fruit or flowers off a branch the overhangs into your yard?
Maybe your aren't interested in cutting the lilac tree back, but would like to pick a few flowers off it in the springtime or maybe there is a fruit tree or berry bush that overhangs and you would like to pick some.
Rhode Island law doesn't say anything about whether it's legal to pick fruit from someone else's tree if you can do so without trespassing, making this a gray area.
More: Can you pick fruit from a neighbor's tree or public park? What RI law says about foraging
"The law in the United States is unclear on this question," notes the 2023 book "Neighbor Law: Fences, Trees, Boundaries, and Noise." "People don't take a lawsuit over a few apples all the way to a court in which written opinions are given, and the legislatures have not considered the issue worthy of attention, so there aren't any specific laws on this issue."
However, this gray area also covers places such as sidewalks and roadways. So while those area are more risky, you are likely safe picking fruit or taking some limbs off of a tree branch that hangs over your property.
Antonia Noori Farzan contributed to this report.
This article originally appeared on The Providence Journal: Can you cut your neighbor's tree branches? Here are the rules in RI
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