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Arizona Real Estate Law
by Christopher A. Combs
The following is for informational purposes
only and is not intended as definitive legal or tax advice. You
should not act upon this information without seeking independent
legal counsel. If you desire legal, tax or other professional advice,
please contact your attorney, tax advisor or other professional
consultant.
Remedy and Recourse for Tree Disputes Between Neighbors
Question: My neighbor’s tree extends over the fence between our North Phoenix homes. While the tree is not a major problem, the tree does shade part of my backyard and drops leaves on the grass. Can I trim my neighbor’s tree? If I hire someone to tree my neighbor’s tree can I send my neighbor the bill?
Answer: American courts unanimously allow for the remedy of "self help" in this situation. In other words, a property owner has the right to trim the roots or branches of his neighbor's tree back to the property line. Some courts also allow the property owner to recover the costs of trimming. In Arizona, however, the Arizona Court of Appeals has ruled that a property owner cannot recover for the cost to trim his neighbor's tree back to the property line. 145 Ariz. 115. The Arizona Court of Appeals said the reason for this rule is to encourage neighbors to settle disputes among themselves without resorting to the courts to recover costs.
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