No. He can only remove limbs that overhang, only. And cannot damage tree or somehow sicken or poison it by doing so.
This is common law in both the US and Europe. No HA or "city council" can countermand it. Nor can "lack of signage" compromise property rights.Nor value of property. Best to Talk to him, compromise.
One neighbor had an overhanging branch cut from my Australian ash tree, the trimmer didn't ask my permission. It was Ok by me, anyway. He stopped cutting on property line.It wasn't "view" in this case, it was pressing on his roof. So, i Might have been liable if it caused damage.
Based on your wording, I assume this hasn't happened, but you're concerned that it may.
You have the law on your side. Neighbors can't legally cut down your tree to create or preserve their view. If it's near the property line and branches hang over their property, they can trim them back, but not to the extent that it kills the tree.
He is allowed to cut what is hanging over his property. He does not have to enter your property to do that. The fact it was blocking his view is irrelevant.
Not legally, but with something like they he may be willing to bear the consequences to get rid of the tree. You would have to very aggressively sue him to replace it if he did remove it without your permission. You could also try to get the police to get him on criminal trespass and vandalism. Otherwise you can also put other obnoxious things in his view on your property. I would be surprised if he actually cut it down against your wishes, but I wouldn't put it past someone like that to try to poison the tree. If this has not happened yet I would setup a hidden trail cameras to catch him if he tried.
Answers & Comments
No. He can only remove limbs that overhang, only. And cannot damage tree or somehow sicken or poison it by doing so.
This is common law in both the US and Europe. No HA or "city council" can countermand it. Nor can "lack of signage" compromise property rights.Nor value of property. Best to Talk to him, compromise.
One neighbor had an overhanging branch cut from my Australian ash tree, the trimmer didn't ask my permission. It was Ok by me, anyway. He stopped cutting on property line.It wasn't "view" in this case, it was pressing on his roof. So, i Might have been liable if it caused damage.
Based on your wording, I assume this hasn't happened, but you're concerned that it may.
You have the law on your side. Neighbors can't legally cut down your tree to create or preserve their view. If it's near the property line and branches hang over their property, they can trim them back, but not to the extent that it kills the tree.
Tell your neighbor that.
Not in my state.
No, he is allowed to chop off any over hanging branches on his own property
He is allowed to cut what is hanging over his property. He does not have to enter your property to do that. The fact it was blocking his view is irrelevant.
If you ain't said no and don't have no no trespassing signs, why yes.
Absolutely not. Sue him.
Not legally, but with something like they he may be willing to bear the consequences to get rid of the tree. You would have to very aggressively sue him to replace it if he did remove it without your permission. You could also try to get the police to get him on criminal trespass and vandalism. Otherwise you can also put other obnoxious things in his view on your property. I would be surprised if he actually cut it down against your wishes, but I wouldn't put it past someone like that to try to poison the tree. If this has not happened yet I would setup a hidden trail cameras to catch him if he tried.
No, unless he has written consent from the council.
no, he isn't allowed to do that