Question:

My neighbor has a big tree which he had brought with the house over ten years ago, previously i had cut branches off already to be able to have a proper sukkah however it grew back. I would like to cut off all the branches that come into my property not just for sukkas being that the land scapping cost more money and it makes allot of garbage during the fall and spring time and lets not for get sukkas issues the is who is responsible to pay it?

Answer:

Answer  From Horav Y. Fleishman shlit”a

You are allowed to cut it down, however he is not obligated to pay for it. The reason is because he only has to pay if the type of damage is considered “gerey delay” his energy, and here it is the natural growth of the tree and not his force.  You can perhaps put something on it that will prevent it from doing this again

Sources:

CH:M siman 155 seif 26

Tags: damages

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2 Responses to “Neighbors tree”

  1. Hi I have a Jewish neighbor who’s tree is in her property, but about 30-40% of branches comes to my side. Forget about leafs. My question is if branches are falling down, and the tree is barking and all the garbage is coming to my yard and hit us , what’s the Halacha?

    • You have the right to get rid of what is bothering you, however you will not have a halachic monetary claim that they pay for it.

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