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PAYMENT FOR CUTTING NEIGHBOR’S BRANCES OVERHANGING MY PROPERTY

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.

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