Our next door neighbor has a row of Leland Cypress trees that she planted just on her side of the property boundary about 10 years ago. We bought our house about 2 years ago, and the neighbor acted a bit oddly about these trees even at the time that we moved in, including trying to convince us that her property extends further than it actually does. We now suspect that she has been a little worried about us complaining about the trees, which have grown to be much larger than she expected.

The foliage of these trees extends at least several feet over our property line, and is actually over the gutter of our house in some places. These trees shade part of our lawn and have effectively prevented grass from growing near the property line. I mentioned to the neighbor recently that I would like to have an arborist or tree company trim these trees back somewhat on our side. She became very defensive and angry, insisting that she won't let anyone touch her trees without her permission and that the trees are not growing over our property. She later gave in a little and said that if their growth is going across our property line, it's "not by much."

I became annoyed with her attitude and told her that to my knowledge, I don't need her permission to trim the growth of her trees over our property. However, I want to make sure I understand the law. I am planning to have a survey done before I do anything else.

The neigbor claims that she doesn't want the trees to be harmed or to be disproportionately heavier on one side such that they fall over in a storm. While I don't want to cause damage to her trees, I think she should have considered this before planting trees so close to the property line.

Does anyone know the law in Georgia or specifically in Dekalb County regarding encroachment of tree limbs or shrubbery? The neighbor is a very contentious, bossy individual, so I feel that I may need to talk to an attorney.

Duplicate post.

In general, the common law doctrine of self help would apply - always good to check with a local attorney.

Have your survey done, find out where the lot line runs, advise neighbor in writing that you want them to have trees trimmed back to the lot line by _____ (give a reasonable period of time) failing which you will be forced to take steps to have the trees trimmed yourself.

Caution: although you are entitled to trim the offending limbs, you must excercise care as to not otherwise kill or damage the trees. Using a professional is a good idea, treat the trimmed ends etc.

You could, if you wish, sue for your costs of trimming in small claims court.

Steve @ www.buyingahouseandsavingmoney.com