Our tree is hanging over the neighbor’s garden, whose responsibility is it to cut it?

 

Question:

If our tree is hanging over the neighbor’s garden, whose responsibility is it to cut down those branches which are hanging over.

If it’s my responsibility, do I have to offer to cut them if the neighbor hasn’t asked me to, If I know the falling leaves are disturbing them.

 

Answer:

You are not required to cut down the branches, however the neighbor may cut the part of the branches that are hanging over, and interfering with their use of their property.

The Halacha would be different if you wanted to plant a tree and the neighbor protests, or where there is direct damage.

 

Sources:

כך מתבאר בשו”ע חו”מ קנה, כה-כט. וראה פתחי תשובה בסימן קנד ס”ק יא, בשם שו”ת שבות יעקב חלק א סימן קנט.

 

 

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