No OK Needed to Trim Tree Limbs that Encroach

QUESTION:
We live in a subdivision in Mesa Arizona where most of the homes have orange trees in their back yards. Every year, we have our orange trees trimmed by our landscaping company. Every year, we also have two of our neighbor's orange trees cut back because their branches hang over our back yard. We have never discussed trimming these branches with our neighbor. Do we need permission from our neighbor? Can we bill our neighbor for the trimming?

ANSWER: You do not need your neighbor's permission to cut back the orange trees hanging over your property line, provided that the trees are not destroyed. Unlike other states, such as California, however, Arizona does NOT permit a homeowner to recover the cost of trimming the branches or roots of a tree back to the property line. On the other hand, in Arizona and in most states, the cost of repairing any damage caused by the encroaching branches or roots IS recoverable.