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#1
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Trees and Neighbors
Hi,
This may be old subject for some, but new to me. Bought a place not long ago and have few trees at the edge of my property. Are there any universal laws, or state laws dealing with tree and neighbor issues? Ex. Leaves from my tree fall on the neighbors yard - who cleans it up. Roots come to the surface on his property - who has to cover them with soil. Leaves fall into the neighbors gutters. Roots penetrate neighbors sewer line - who pays for unclogging. On and on. Esthetics of trimming. Of course this works both ways, because I may be getting leaves form his tree as well. Everyone in the neighborhood benefits from having trees around, but some of my neighbors are not rational in this respect - as least in my opinion. Regards, Rich |
#2
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Trees and Neighbors
whatever is on their property is theirs to do with as they want.
tree roots in neighbors yard, they can dig and chainsaw. overhanging branches become theirs at property line. if your otherwise healthy looking tree blows over in a storm and destroys their home it became their property when it was airborn and crossed your property line... dont laugh my tree came down and flattened neighbors car, it wasnt my problem. if i had been warned tree looked hazardous, then my insurance would be liable. |
#3
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Trees and Neighbors
Are there any universal laws, or state laws dealing with tree and
neighbor issues? Ex. Leaves from my tree fall on the neighbors yard - who cleans it up. The neighbor Roots come to the surface on his property - who has to cover them with soil. No one has to. If the neighbor wants to, it's up to him Leaves fall into the neighbors gutters. The neighbor cleans them Roots penetrate neighbors sewer line - who pays for unclogging. On and on. Neighbor pays Esthetics of trimming. In general, you can trim a tree that is not on your property back to the property line. But you have to do it in a reasonable way, ie try as best as possible not to harm the tree. I'd also be careful about cutting roots from a neighbors tree. Certainly if they are causing problems, you can trim them back. But if you went out and just starting cutting roots off from a healthy tree that;s on your neighbors property, for no reason at all, and the tree died, the neighbor could sue and might win. If a tree from your property falls onto the neighbors house, it's his problem. Unless the tree was obviously a danger due to rot, or you had been told the tree was a danger, etc, then the neighbor would have a negligence claim against you. Of course this works both ways, because I may be getting leaves form his tree as well. Everyone in the neighborhood benefits from having trees around, but some of my neighbors are not rational in this respect - as least in my opinion. |
#4
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Trees and Neighbors
Talk to your neighbor, don't be an ass and plant trees anyway. Or move trees few feet to your property. Don't plant tree next to they drains, sidewalks, etc. You know trees are going to destroy those. Yes the trees you planted will be your neighbors problem. But in the end you might not like how they will deal with this problem. |
#5
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Trees and Neighbors
RichK wrote:
Hi, This may be old subject for some, but new to me. Bought a place not long ago and have few trees at the edge of my property. Are there any universal laws, or state laws dealing with tree and neighbor issues? First there are common laws, but they are not universal. Local areas can and do make their own laws. You need to check locally. Remember that it is not always the law that should rule. Generally good relations with your neighbors is worth more than the law. -- Joseph Meehan Dia duit |
#6
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Trees and Neighbors
Thanks hallerb and all,
Thanks for the responses. The trees are about 20 years old, so I did not plant them. Just got this place within a year. The neighbors have lived here much longer than I and apparently were not bothered by the trees. All questions I asked were hypothetical, except one. There are hefty roots at the surface of my neighbors yard, that emanate from my tree. It's possible that they are at the surface due to soil erosion (on his side), as the land slopes down. He has asked me to "do something about it" as it's my tree and the roots "pose a problem" to his lawnmower and possibly children. Mind you, he has no children. I suggested that he deal with the roots as he pleases. This however would make the tree weaker and at that point he could tell me that the tree is a hazard. Albeit caused by him. [hallerb said:] if i had been warned tree looked hazardous, then my insurance would be liable. I guess what looks hazardous to one, may not to another. These days with digicams, one can document this and let a third party determine that. I'm all for getting along, but only with a reasonable people. Regards, RichK wrote in message whatever is on their property is theirs to do with as they want. tree roots in neighbors yard, they can dig and chainsaw. overhanging branches become theirs at property line. if your otherwise healthy looking tree blows over in a storm and destroys their home it became their property when it was airborn and crossed your property line... dont laugh my tree came down and flattened neighbors car, it wasnt my problem. |
#7
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Trees and Neighbors
"RichK" wrote in message
... He has asked me to "do something about it" as it's my tree and the roots "pose a problem" to his lawnmower and possibly children. Mind you, he has no children. I suggested that he deal with the roots as he pleases. This however would make the tree weaker and at that point he could tell me that the tree is a hazard. Albeit caused by him. In my town you are responsible for the part of the tree on your property, but, in dealing with a tree, you cannot damage the tree. I think these laws are typical but still. So the roots are probably your neighbor's problem, and he's probably SOL if he wants to do something about it, but double check with your city building department. S |
#8
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Trees and Neighbors
RichK wrote: Hi, This may be old subject for some, but new to me. Bought a place not long ago and have few trees at the edge of my property. Are there any universal laws, or state laws dealing with tree and neighbor issues? Ex. Leaves from my tree fall on the neighbors yard - who cleans it up. Roots come to the surface on his property - who has to cover them with soil. Leaves fall into the neighbors gutters. Roots penetrate neighbors sewer line - who pays for unclogging. On and on. Esthetics of trimming. Of course this works both ways, because I may be getting leaves form his tree as well. Everyone in the neighborhood benefits from having trees around, but some of my neighbors are not rational in this respect - as least in my opinion. Regards, Rich I'm really surprised that the 2 experts on this subject haven't "chimed" in yet. LOL Rich, do a Google Group Search on this subject. ; ) This group, btw. |
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