345. Right to lop overhanging trees.

Where the branches of a tree belonging to one landowner or occupier overhang the land of an adjoining owner or occupier, the latter may at any time cut off those parts which overhang1 without notice to the former2, provided that in so doing he does not trespass on the adjoining land. However, an adjoining owner is not entitled to lop his neighbour's tree as a precautionary measure before it overgrows his land merely because he knows that in the course of time the boughs will probably overhang his land3. The right to lop is a right to abate a