Tree Trimming Question

[roser443]

What is the name of your state (only U.S. law)? Mississippi

My fiancé and I have a HUGE pine tree that sits on our property and some of it's branches reach over our fence and hang over on our neighbor's side and recently our neighbor has decided to hang an ornament from one of the branches.

We plan to trim these branches, including the one holding the ornament. Of course we will inform our neighbor beforehand so he can move the ornament if he so wishes.

We are hesitant though because we have had some SERIOUS issues with our neighbor since we moved onto the property 1 year ago. He stalks us up and down our privacy fence, has called us "trash" and has sexually harassed my fiancé who struggles with an anxiety disorder. We have privacy fence, security cameras, and barbed wire to keep him at bay but he can say whatever he wants as long as he isn't threatening us. It got so bad we had a lawyer draw up a letter threatening to sue if he didn't stop his behavior, this helped some but he still finds "innocent" ways to harass us in an attempt to trigger my fiancé's anxiety disorder.

We want to make sure that if he does not remove the ornament and we cut the branch down (from our property with ropes so that is will fall our side of the fence) and the ornament falls on the ground on his side that he can't say we damaged his property or trespassed in any way. We just want to make sure before we do anything, to minimize the risk of trouble making from our neighbor.

Please help! Thanks and God Bless.

 

[csi7]

You have the right to cut the tree down, trim the branches, and you do NOT need to notify your neighbor ahead of time.

However, the tree ornament can be removed by you as you move the branch back over your side of the fence, and placed gently on the ground, making sure it is still in one piece. Take lots of pictures, date and time-stamped of this whole process.

When it comes to neighbors and anxiety, it is important to remember the criminal law, the civil law, and the property line separation is real. Do not worry about what might happen. Take care of the tree, be careful with the tree ornament, and then be done with the project.

The tree is on your side of the fence, and the branch hangs over the fence, take a picture of this before you start anything. This will help settle any possible differences after the process is completed.

Best wishes.