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Default Who Is Responsible For My Neighbors Tree Hanging In My Yard?

On Sat, 01 Apr 2006 01:55:10 GMT, wrote:

On 31 Mar 2006 15:57:15 -0800, "Ron" wrote:


wrote:
Ron wrote:
My neighbor has an oak tree that hasn't been pruned in years and there
are 2 branches / limbs that are so low in my yard I can touch them.

Who's responsibility is it to have the tree pruned?


In general, you can trim the branchs back to the property line as long
as you don't destroy the tree in the process. Unless the tree is an
obvious danger due to rot, damage, etc, in most places in the US the
neighbor isn't legally obligated to trim it if its just branches
extending over the property line.


Well that sucks if I have to pay to have it pruned. Although I can
touch the branches the limbs are about 30 ft up. I'm probably looking
at about (guessing) $400 if not more.


approach your neighbor diplomatically, suggesting that if he pays to
have the tree trimmed, you'll accomodate the tree trimmers working in
your yard. If hes not agreeable, I'd cut the tree off right at the
property line and throw the branches over the fence into his yard.


Your first half is good. No one else so far iiac suggested talking to
the neighbor first, and nicely.

Your second part is bad. If the neighbor honestly thinks it's not his
responsibility, you want to start a war that could last for decades if
they both live there that long.


First, I too think that only the parts of the tree that are above your
property that actually bother you should be trimmed. You don't want
to end up with a tree that looks beautiful on your neighbor's
property, but ugly when viewed from yours.


Maybe some of the limbs are too low for him too, so approach him
nicely about his hiring a trimmer. AIUI, and the People's Court
recently said this also, in some states the bill goes to the owner of
the tree. So first, before you talk to him, check on what the law is
in your state.
www.findlaw.com might have it, but it might be easier
to ask someone. Who, I don't know.

If he's too busy, lazy, etc. suggest to him that you'll find somoone
who will do it at a reasonable price, and you'll give him the bill.
Or if you want to do it yourself with the chainsaw on a pole, he might
pay for that (although he'll think that If he says, please get an
estimate and give me that first, do so. If he wants two, do that.
It's one more phone call, I think.

After it's trimmed, if he's ready to pay the bill immediately, give it
to him, but if he doesn't pay it or you don't think he will, you pay
it and ask him to reimburse you, if that is the law.

Don't go right up to his property line (except maybe with the branches
that are less than 6 feet high). It looks petty and it probably won't
look attractive either. Pretend it is your tree and have it trimmed
(only on your property) to be attractive.