Law FAQ: My neighbor’s tree hangs over the property line. Do I have the right to cut back the branches?

Law FAQ: My neighbor’s tree hangs over the property line. Do I have the right to cut back the branches?

Yes.  The Tennessee Supreme Court made it clear in 2002 that you definitely have the right to cut away any branches or vegetation to the extent it hangs over onto your property.  In other words, you may cut branches up to the property line; however, you may not cut over into your neighbor’s property.

The case is Lane v. W.J. Curry & Sons, 92 S.W.3d 355 (Tenn. 2002).

The more difficult issue that typically arises in this context is whether your neighbor has a duty to cut back the branches him/herself.  The answer to that question is a bit more fact dependent, but the summary of the law by the Tennessee Supreme Court is as follows:

Encroaching trees and plants are not nuisances merely because they cast shade, drop leaves, flowers, or fruit, or just because they happen to encroach upon adjoining property either above or below the ground.  However, encroaching trees and plants may be regarded as a nuisance when they cause actual harm or pose an imminent danger of actual harm to adjoining property.  If so, the owner of the tree or plant may be held responsible for harm caused by it, and may also be required to cut back the encroaching branches or roots, assuming the encroaching vegetation constitutes a nuisance.  We do not, however, alter existing Tennessee law that the adjoining landowner may, at his own expense, cut away the encroaching vegetation to the property line whether or not the encroaching vegetation constitutes a nuisance or is otherwise causing harm or possible harm to the adjoining property.

Also, there’s a helpful distinction in Footnote 9 in the case relating to rotten/dead trees, which fall into their own special category:

It is important to note, however, that dead or decaying trees that cause harm are in a category of their own and require a different analysis.  Unlike the cases involving harm caused by live trees, which are based on nuisance or trespass principles, cases involving dead or decaying trees are typically analyzed according to negligence concepts.  Thus, liability usually turns on whether the defendant landowner lived in an urban or rural area, and whether the defendant knew or should have known that the tree was dead or decaying and therefore was on notice that the tree might fall.  See, e.g., Staples v. Duell, 329 S.C. 503, 494 S.E.2d 639 (App. 1997); Taylor v. Higley, No. 02A01-9207-CV-00194, 1993 WL 137593 (Tenn.Ct.App. May 3, 1993); see also Restatement (Second) of Torts § 363(2) (1965); Dan B. Dobbs, The Law of Torts 588-89 (2000).  The trees involved in the present case are live, healthy trees.  Thus, we do not reach the question in this case whether or to what extent liability may be imposed for harm caused by a dead or decaying tree.  That subject must await an appropriate case.

Types of Personal Injury Cases We Handle

An unexpected injury can disrupt your health, finances, and daily life in an instant. When that injury is caused by someone else’s actions, having the right legal guidance matters. At Patterson Bray PLLC, we represent individuals who have been harmed due to negligence and help them pursue accountability and financial recovery. For those searching for experienced counsel in Memphis personal injury matters, our firm provides focused representation backed by strategic legal insight.

We are not your everyday law firm. As a small firm with a concentrated approach, we deliver attentive service, cost-effective solutions, and results that reflect our commitment to client satisfaction. Below are the most common types of personal injury cases we handle and how we support our clients at every stage.

Motor Vehicle Accident Injury Claims

Car, truck, and motorcycle accidents are among the leading causes of serious injuries in Memphis. From rear-end collisions to multi-vehicle crashes, these incidents often involve insurance disputes and questions of fault.

We represent drivers, passengers, and motorcyclists injured by negligent motorists. Our team reviews accident reports, medical records, and insurance coverage to build claims that accurately reflect the impact of the injuries on our clients’ lives.

Slip and Fall and Premises Liability Cases

Property owners have a responsibility to maintain safe conditions. When hazards such as wet floors, broken stairs, or uneven surfaces are left unaddressed, serious injuries can occur.

We handle premises liability claims involving slip and falls in stores, apartment complexes, workplaces, and private properties. With a strong foundation in Tennessee personal injury law, we work to show how unsafe conditions led directly to our clients’ injuries and financial losses.

Workplace Injury and Third-Party Liability Claims

While some workplace injuries fall under workers’ compensation, others involve third-party negligence. Equipment failures, unsafe job sites, or actions by outside contractors can create grounds for a personal injury claim.

We evaluate workplace injury cases to determine whether additional legal remedies are available beyond workers’ compensation benefits. Our firm listens carefully to each client and develops legal strategies tailored to their specific circumstances.

Medical Negligence and Healthcare-Related Injuries

When medical professionals fail to meet accepted standards of care, patients may suffer serious and lasting harm. Medical negligence cases can involve misdiagnoses, surgical errors, medication mistakes, or inadequate follow-up care.

We represent individuals harmed by medical negligence and take a focused approach to evaluating these claims. Our goal is to help clients understand their options while pursuing accountability through thorough medical malpractice case preparation.

Product Liability and Dangerous Product Cases

Defective or unsafe products can cause significant injuries when they malfunction or lack proper warnings. These cases may involve consumer goods, tools, machinery, or medical devices.

We handle product liability claims by examining how a product was designed, manufactured, and marketed. As a small firm with big results, we bring detailed attention to cases involving complex product-related injuries.

Dog Bite and Animal Attack Injuries

Dog bites and animal attacks can result in physical injuries, scarring, and emotional trauma. Tennessee law allows injury victims to seek compensation when an animal owner fails to prevent foreseeable harm.

We represent adults and children injured in animal attack cases and work to pursue compensation for medical treatment, emotional distress, and long-term effects.

Focused Representation for Memphis Personal Injury Claims

At Patterson Bray PLLC, we believe personal injury cases deserve personal attention. Small Firm. Better Focus. Big Results. We provide cost-effective solutions and deliver client satisfaction through extraordinary service and commitment. By listening closely and tailoring our strategies to each client’s needs and goals, we help injured individuals move forward with confidence.

If you were injured due to someone else’s negligence and need guidance with a Memphis personal injury claim, contact our team today to discuss your situation and learn how our focused approach can support your recovery.

Injury Law FAQs

Our Memphis injury law firm knows that people dealing with an injury often have questions about how the process works and what steps they should take next. In this FAQ section, our team covers several topics that come up often when someone is hurt because of another person’s actions. Our personal goal is to offer clear information that supports individuals as they decide how to move forward with their claim.

When Should Someone Reach Out To An Attorney After Being Hurt?

We find that it’s helpful to reach out sooner rather than later when an injury occurs. Early contact allows us to review what happened, look at the available details, and offer guidance on possible next steps. Waiting too long can make it harder to gather records, speak with witnesses, or review evidence. Even if someone is unsure whether they have a claim, speaking with our highly trained and experienced professionals early gives us the chance to point them in the right direction.

What Types Of Cases Fall Under Personal Injury Matters?

Personal injury law covers a wide range of situations. Many individuals come to us after a vehicle collision, workplace accident, trip and fall, or an incident caused by unsafe conditions on someone’s property. We also see cases involving product-related harm or situations where a person was hurt due to careless behavior. Each case involves different circumstances, so our Memphis injury law firm takes the time to understand the details before advising someone on the strength of their claim.

How Can An Attorney Help Determine The Value Of A Claim?

We look at several factors when estimating the worth of a case. Medical records, time missed from work, property damage, and long-term effects of the injury all play a part in this process. We also consider how the incident has disrupted the person’s daily life. Our personal injury lawyers can attest that taking the time to examine the full picture often leads to a more accurate claim value. While no two cases are the same, reviewing solid documentation helps us offer a realistic assessment.

What Steps Should Someone Take Immediately After An Accident?

We suggest focusing first on safety and medical care. After that, collecting photos, saving damaged items, and gathering witness names can be helpful. Keeping copies of medical records and bills is also important. When possible, contacting an attorney early in the process helps us preserve evidence details that might be lost over time. These initial actions give our personal injury lawyer a clearer view of what happened and support the person’s claim moving forward.

How Long Does A Person Have To Pursue Legal Action After An Injury?

Each state has a deadline for starting a case, often referred to as the statute of limitations. Once that window closes, it becomes much harder to move forward. Since these time limits vary, we encourage individuals to reach out promptly so we can review the timeline and determine the available options to file a personal injury lawsuit. In Tennessee, the statute of limitations to file a personal injury claim is 1 year from the date of the accident.

Move Forward Today

We hope these answers provide a clearer understanding of what to expect when considering a claim. If someone has been injured and wants to understand their next steps, we invite them to contact our personal injury legal team at Patterson Bray PLLC so we can talk through their situation and offer guidance on how to move forward.