Situation: Property is within the jurisdiction of a Nevada Homeowners' Association

Problem: A neighbor left a message on my doorstep to trim my flora due to debris landing on his property; otherwise I will be billed for professional trimming. Specifically an overhanging American Pepper (species: Schinus molle) tree.

Question: Does the neighbor have the legal right to charge me for professional trimming?

  • 1
    HOA covenants can certainly bind you to things like this. I would find it odd to be billed by the neighbor versus assessed by the HOA board. What does the covenant you agreed to be bound to say about yard maintenance or overhangs? – user662852 Oct 24 '16 at 21:16
  • The CC&R merely covers the owner vs the 'community'; and arbitration. I see nothing specific about overhanging trees, except for the obstruction of pedestrians on common ground. So I assume my concern is covered under 'common law'...per default. – Frederick C. Lee Oct 25 '16 at 19:06
  • Does the city or county have any regulations? Normally a neighbor can trim, at his/her own expense, up to the property line as long as the tree isn't damaged (killed), but it's going to depend on the local jurisdiction. – mkennedy Oct 25 '16 at 21:12
  • From what I've found, the neighbor can't charge me for the labor of trimming my tree that hangs over his property. The HOA governs the neighborhood. And it is only concerned with impeding a common area (walkway, etc.). – Frederick C. Lee Oct 25 '16 at 22:02

At common law, no. Statute law or the homeowner's rules may change this.

At common law a neighbour is entitled to trim overhanging foliage up to the property line at their expense. Technically, they should place the cuttings on your property since you have ownership in the timber, again statutes often change this. However, if by trimming their side they make the tree unstable and it falls and causes damage then they have been negligent.

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  • Our Home Owners' Association is ultimately covered under Nevada's Revised Statutes. I found nothing about trees infringing in the airspace of a neighbor in the CC&R. Ditto for the Revised Statutes that concern more global issues. The closest issues concern a home owner vs the community. Any conflict is covered via arbitration. – Frederick C. Lee Oct 25 '16 at 19:10

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