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Owner may not cut down a tree straddling boundary line without neighbor’s consent

March 20th, 2011 by Joseph William Singer

In Young v. Ledford, 37 So. 3d 832 (Ala. Ct. Civ. App. 2009), an Alabama court held that an owner could not remove the half of a tree that sat on his property without killing it and that the owner could not destroy the entire tree without the neighbor’s consent. The landowner claimed that the tree was dangerous and might fall on the owner’s house and the court noted that it is possible an exception might be granted in such cases of boundary trees when they constitute a nuisance.

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