Well if the driveway is on HIS property then there is nothing wrong with that. BUT if YOUR tree is hanging over it then YOU should be a kind neighbor and trim it back. After all if it hangs over to his property then he has that right to cut it back. Besides if you know your tree is growing into HIS driveway doesn't that make YOU the jerk for not maintaing it?
His driveway is in fact on my property by 2 inches, he had it done without permits, when we had our property surveyed, it was found to be on our property. We did not make him rip it up the 8 inches that we have a LEGAL right to, so no he is in fact the ASS and we may change our mind and make him remove those inches.
Your neighbor is well within his right to trim the tree.
If his driveway was indeed built with no permits, and is over the boundry line he is clearly in code violation.
My neighbor's fence was 9" on my side of the line and because of it being a privacy fence it needed to over on their side another two feet. After my homeowner's association hearing they told me I could charge him rent, sell him that much of my property, or have him comply. I chose for him to comply. They told him to move it, and fined him; he refused to comply so the HOA sent a company out to survey his property, moved his fence and put a lien on his property. They will get their money before he gets his tax return. That's one way of dealing with someone who just doesn't care about other people.
You're lucky your neighbor doesn't sue you for a damaged paint job; you are liable if your tree falls on his car and dents it. I don't know about tree sap damage.
It make no sense to me as to why you would plant a tree on the property line anyway; that's just dumb and careless. Did you plant one under a utility line too?
Tell your neighbor you will cut the tree down if he removes the driveway from your property.
I would cut the tree down anyway if it was me, you're just asking for a lawsuit.
hey dumb ass, the tree was there 10 years before he enlarged his driveway and put it 3 inches onto my property without permits. He also fucked up on the driveway he put on the other side of his house,again with no permits. You sound like more of an ass then him. We are going through the process now of finding a solution to the problem, cutting down a tree that was planted 10 years before the asshole decided to put more driveway under it, isnt going to happen, he will have to tear up the driveway or buy the land from us. Lesson to learn, get permits and have your property surveyed, dont ASSume the fence is on the property line.