[Avodah] My tree grows into your garden, can you force me to trim the tree?

Micha Berger via Avodah avodah at lists.aishdas.org
Tue May 23 13:35:56 PDT 2017


On Tue, May 23, 2017 at 08:54:41PM +0300, Marty Bluke via Avodah wrote:
: We have a tree that is growing into our neighbors garden and they would
: like us to cut down/off the branches that are growing into their garden.
: Strictly speaking al pi din, am I chayav to cut down the branches that are
: on/over their property? I would like to understand what the chiyuv is al pi
: din.

Related question, really came up last week.

Someone had a tree that neighbors were complaining about, that it looked
like it was dying and might fall on the neighbor's roof. On a windy day
recently it actually snapped -- but not falling on the roof, instead the
tree brought down the power lines. A number of people on the block lost
food before power was restored and other expenses were incurred. Is the
owner of the tree liable al pi din? What if the neighbor hadn't warned
him, so that we cannot know if the owner was aware of an issue or not?

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 42nd day, which is
micha at aishdas.org        6 weeks in/toward the omer.
http://www.aishdas.org   Malchus sheb'Yesod: Why is self-control and
Fax: (270) 514-1507       reliability crucial for universal brotherhood?



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