Neighbors and trees

[czechsonofagun]

OK, I am totally ignorant. Tree on my side, branches fall on neighbor's property. Does the neighbor have any leverage to ask for the tree to be cut down? I know it's complicated, but I am sure there are some rules of the thumb - like the tree belongs to me, leaves are for the neighbor and the fruit goes to the government or to the communistic party - whoever is more powerful (that was the way in good old days)

 

[LD1]

If the tree is on your side I think he does have the right to ASK to have it removed, but you have the right to say no.

However, it is my understanding that he has the right, een without your permission, to remove any and all branches that overhang onto his property.

But it would be a dirty thing to do, without at least talking to you before he removes any branches.

Farmers do this all the time in fence rows. Trees may be on other side of fence so they cant cut the tree down but they can cut the limbs out that are in their way on their property.

 

[ToadHill]

LD1 got it right in our area of the country, but check your local laws.

 

[two_bit_score]

Generally, he can cut whatever is on his side..........but he cannot kill the tree in doing so without risking being liable for damages.

However, you are responsible for removing any dead limbs from the tree or the whole tree if it's dead or being responsible for any damage to your neighbors property damaged when it falls.

If a live, green tree is blown down then you are not responsible for the damage caused by it falling since the wind which caused it ti fall is an 'act of God' for which nobody is responsible.

An even more complicated issue is roots acusing damage to a neighbors drive way or home foundation. It gets sticky.

 

[czechsonofagun]

Thank you, everybody, for information to start with. Of course, the topmost priority is for me to have a good relationship with neighbors, but I don't like being pushed around - will work out some solution with the neighbor.

 

[jfox]

Damage from wind is an act of NATURE, not God.
My neighbor had a tree that I asked him for years to trim.
He refused each time.
Finally wind took several big branches off and damaged my house.
I called him and asked to help with the deductible. He reused and said it was an act of God.
While we were talking about it a bird dropped a load on his head. I told him, THAT was an act of GOD!!!!
I still laugh about it, and thank God for the help he gave me!! I paid for it fully though.

 

[J_J]

IMHO. The fact of leaves falling on his property is an act of God, and he has no recourse but to clean them up, even if the wind blew all the leaves, off the tree and on his property, he can not put them back on your property. If your tree limbs are touching his roof, and causing damage, then he has the right to correct that one limb. The road crew can get away with trimming half a tree, but not the citizen. There was a post awhile ago about one neighbor giving permission to the neighbor to trim a little. Well, the neighbor hired a tree guy and he came out and upon the neighbor direction, the tree guy butchered the mans tree. Tree roots are another story. A lot of tree just die, for whatever reason.

 

[biggerten]

Thank you, everybody, for information to start with. Of course, the topmost priority is for me to have a good relationship with neighbors, but I don't like being pushed around - will work out some solution with the neighbor.

This is the real answer.

 

[ultrarunner]

In my area the adjoining property owner has the right to trim above or below ground encroachments providing the tree is not damaged to the point where it dies...

Sometimes this means the neighbor will higher a licensed, bonded and insured arborists to do the work.

Tree removal where I live requires a city permit after a visit from the city arborist. If the tree is deemed an imminent hazard... no permit fee is charged and the city will notify the property owner of the findings and penalty for failure to correct hazardous condition in a timely matter.

It really depends on where you are...

Some time ago I posted about my new neighbor asking to trim some branches overhanging the property line and I told him OK... I have 1 acre and he has several acres.

When I came home I found my trees had been trimmed on one side from the ground to nearly the top 40' up and in the process the "Gardener" took out several of my 10 to 12' oaks... In the interest of being neigbors I paid to replace my Oaks and he later offered to pay... for which I declined...

I tried talking to the gardener and he only spoke Spanish... I told him to wait while I starting calling on my cell phone... I wanted his name, license and insurance... before I could finish dialing he had thrown his ladder and saws in the truck and drove off at a high rate of speed.

 

[Taylortractornut]

Your a better fella than I am I d have been giving a 5 knuckled english lesson over a tree cut in my yard. I m doing battle with the power company over a tree on my place thats been there many years. I ts an old big oak tree. Probabl y about 65 years old at a good guess. Any treethats within 25 feet of a line has to be cut. Thats the trunk not the branches. Well two or three branches are in this area and they marked it to be cut. This on is in my yard in a fenc that runs to my service pole. I raised cane about it and caught them one day in the act of setting up. There was a non power company log truck there. Hes a local sawmiller that removes tree debris from right of way work if theres any. He said thatll saw them boys up some good lumber. . I told them trim the trees or il lhave my lawyer out there. Which i dont have a lawyer but it sounded good. I had the rule book on the trees and they kept saying that tree was sick . Its the healthiest one on the place lol. I went to a board meeting and complained and showed them the book. Turns out the crew was splitting the wood with the sawmiller for removing it and theyed split the lumber.