Question:

Who bears the cost of cutting my neighbor’s branches that overhang my property?

Answer:

Answer from Horav Y. Fleishman shlit”a

The consensus opinion is that the person whose property is being overhung has to take care of it himself because it isn’t גירי דיליה, ( his “arrow” or his active force)

The source is 155,26 where it writes that the person whose property is overhung may cut it off-the implication is that the intent of the Shulchan Aruch is that he is being given permission but he can’t force the owner of the tree to cut it himself.

Tags: damages property

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