Mr. Rodriguez has a neighbor with a huge tree. One of its branches is growing over the fence into Mr. Rodriguez's yard. The leaves that fall off this branch and wind up in the pool located on Mr. Rodriguez's property. This has been a problem for several years. Now Mr. Rodriguez is wondering if can bring an action for removal of the tree branch, even though it has been more than five years.
A) Yes if Mr. Rodriguez states this is a recent problem.
B) There is no recourse because the time period to bring an action has expired.
C) Yes because there is no Statute of Limitations for removal of the tree branch.
D) There is no recourse because the tree is not on Mr. Rodriguez's property.

Question

Quizplus · Accepted Answer

In many jurisdictions, there is no specific statute of limitations for the removal of tree branches overhanging onto another's property. Property owners generally have the right to trim branches that encroach onto their property from a neighbor's tree, as long as it does not harm the overall health of the tree.

Mr Rodriguez Has a Neighbor with a Huge Tree