tree owned by both neighbors dispute

[opihikao]

Here are a few articles that pertain to this kind of problem in general. Hope it works out for you, and it remains amicable.

http://archives.starbulletin.com/content...g_portions

http://archives.starbulletin.com/content...s_of_labor

http://archives.starbulletin.com/2004/07...aline.html

(*Snipped by me - Maybe check Hawaii law yourself for guidance as this is 1981 law):

Second, there is the "Hawaii rule." Back in 1981, the high court in that state held that "when trees cause actual harm or pose an imminent danger of actual harm to adjoining property," the neighbor may require the tree owner to pay for the damage and to cut back the endangering branches or roots. And if this is not done within a reasonable period of time, the neighbor "may cause the cutback to be done at the tree owner's expense."

However, to my knowledge, in every state a neighbor has the absolute right to trim overhanging branches and cut roots that encroach on their property. The neighbor cannot, however, trespass onto the next-door property nor demand reimbursement for such actions.


(*More at link)
http://articles.chicagotribune.com/2011-...r-branches