property virginia treelaw trees
What can I do about this tree?
<p>I live in Chesapeake, Virginia and I haven't been able to find a reference as to what my legal options are when it comes to a neighbor's tree and my yard.  I could only find a "general rule" for America that says one can trim the portions of a neighbor's tree that hangs over your yard, however you have to offer the trimmings to the neighbor if they want it.</p>

<p>Its a magnolia tree, which sheds leaves year round.  Its hard to see in the picture below, but all those yellow spots in the green leaves are dead leaves about to fall.  If I don't mow or rake at least every other week, my backyard looks like it's the middle of fall year-round.  It also drops seed pods - similar to pine cones,  but much denser - that get stuck in my lawnmower. The tree shades the ground near its trunk, so nothing grows there.  There is roughly a 20 foot radius of dirt, leaves, and weeds that looks terrible.  That bottom branch has grown significantly over the last two years and is staying low, which is causing the dead area to grow.  The Sun rises from the right side of the picture, so the tree in front of the magnolia blocks much of the light.  That means, the magnolia has to creep into my yard to get light.</p>

<p>As you can see, about half - and likely more - of the tree is over my yard.  I would love to get rid of the tree entirely, to keep my yard from the constant rain of leaves and pods, but I don't think I can do that.  If I were to trim off all the parts over my yard, I would expect the tree to die, which I think my neighbor would not be happy about.  At the least, I could get rid of that bottom branch, but that wouldn't solve much of my significant annoyance with this tree.</p>

<p>What are my options?</p>

<p><a href="https://i.stack.imgur.com/NcRH7.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/NcRH7.jpg" alt="enter image description here"></a></p>

<p>There are a number of rules related to trespassing vegetation, reviewed in <a href="https://caselaw.findlaw.com/tn-supreme-court/1258188.html" rel="noreferrer">Lane v. W.J. Curry &amp; Sons</a>, 92 S.W.3d 355. Virginia law was set in <a href="https://caselaw.findlaw.com/va-supreme-court/1153823.html" rel="noreferrer">Fancher v. Fagella</a>, 650 S.E.2d 519, that</p>

<blockquote>
  <p>encroaching trees and plants are not nuisances merely because they
  cast shade, drop leaves, flowers, or fruit, or just because they
  happen to encroach upon adjoining property either above or below the
  ground.   However, encroaching trees and plants may be regarded as a
  nuisance when they cause actual harm or pose an imminent danger of
  actual harm to adjoining property.   If so, the owner of the tree or
  plant may be held responsible for harm caused to [adjoining property],
  and may also be required to cut back the encroaching branches or
  roots, assuming the encroaching vegetation constitutes a nuisance.</p>
</blockquote>

<p>so under the circumstances, you can't make him do anything. However, the court continues that</p>

<blockquote>
  <p>the adjoining landowner may, at his own expense, cut away the
  encroaching vegetation to the property line whether or not the
  encroaching vegetation constitutes a nuisance or is otherwise causing
  harm or possible harm to the adjoining property.</p>
</blockquote>

<p>You are, however, responsible for damage to the tree caused by such trimming, and you can't trespass onto his property to trim it (fences are often an approximation of property lines)</p>
