Daily Halacha - Choshen Mishpat Laws, 6 Tammuz 5777

When a tree extends from one's property into a neighbor's property and the neighbor demands it be cut, who is responsible for cutting it?

As a general rule in neighbor damages, it is the responsibility of the damaged party to remove what harms them. Therefore, if a tree extends into a neighbor's courtyard, the affected neighbor may cut whatever parts of the tree that disturb them. The fruits of the tree belong to the owner of the property where the trunk is located [Shulchan Aruch 155, 26].

Is it permitted to open a window directly facing a neighbor's window?

It is forbidden to open a window facing a neighbor's window or an entrance facing a neighbor's entrance.

The current practice of making entrances facing entrances or windows facing windows is permissible if they are not directly aligned. Similarly, if the window is covered with a curtain, one may be lenient. Also, if there is a corridor in front of the entrance, there is no concern [See Pitchei Choshen p. 397].

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