DerbyDad03 wrote:
On Oct 21, 4:34 pm, "John" wrote:
Rocinante wrote:
On Sat, 20 Oct 2007 20:55:14 -0400, John wrote:

Rocinante wrote:
On Sat, 20 Oct 2007 17:59:27 -0400, John wrote:

My neighbor has trees that hang all over my fence and more leaves
fall in my yard then in his. I have to rake them every hour if I
want them gone. Can I have a tree guy come in and cut the ones
that hang over and send him the bill? I have sent him countless
letters asking him to do something but have got no response.
What are my options in the matter does anyone know?

John

You can cut the branches on your side without his consent because
they "belong" to you.

However, you cannot also charge him if you do not get written or
verbal consent from him. You are improving your own property, why
should he have to pay for it?

Because they are a nuisance and the cause of distribution of
unwanted litter. Just like a mud slide that caused dirt or
anything else to end up on my land. Just like a car rolling down a
hill I can have it removed and charge him for the tow. Why not?

You missed the point. They are your branches, so you bear the cost
of removing them.

I got the point if indeed this is the case in that community. If
there were a branch to fall from that tree onto a car in the
driveway and cause damage maybe they would not be my branches. That
is my point. Maybe there is a cutoff as to how much of a nuisance
the issue is. If there is one small tree or there are 6 there is
definitely a big difference. At some point anyone would get tired of
cleaning the yard and maybe just decide to let one basket full turn
into several. Like I stated it is to a point where when wet they are
a hazard.- Hide quoted text -

- Show quoted text -

If there were a branch to fall from that tree onto a car in the
driveway and cause damage maybe they would not be my branches. That is
my point.

Oh! Oh! Pick me! Pick me! I know the answer!

They are "your" branches in that *your* insurance company would cover
the damage as a not-your-fault incident. At least that's how it was
with me...

I was in my backyard when I started to hear a creek, creek, *crack*. I
looked up to see a very large branch from a neighbor's tree just
beginning its journey downward onto my roof and deck.

This branch (as well as many others) has been hanging over my house
and yard for years. I was never concerned about the leaves, but have
annually trimmed back any branches that could have come in contact
with my roof, and also those that get too large to look nice.

Anyway, the house next door is currently a rental, so I called the
landlord since the branch was still hung up in his tree and also
resting on my roof and deck. I very politely let him know that I was
going to call my insurance company unless he had another suggestion.
He asked if he could come over and take a look before I put in the
claim and I agreed, cuz that's what good neighbors do.

He came over, agreed that it was too big for either of us to handle,
and asked if I had to pay any deductible. I told him I would let him
know and when it was all cleaned up and taken care of, he gave me a
check to cover the deductible for the inconvenience his tree had
caused.

I believe, based on some phone calls I got from my insurance company
afterwards, that my company went after his to recover the costs, but
that's between them, not me and him.

Bottom line: Yes they are your branches to deal with, on the tree or
on your car. ...in most locations that is...

Not sure if anyone has suggested this before...but perhaps you should
contact your local authorities for the rules where these particular
leaves are. ;-)

That was plan 'B' but knowing the real answers are posted on Usenet I
decided to get them first so I can tell the authorities just why I have not
moved to the desert. It must be really crowded there learning how many find
that the place to go when they don't know what else to do.

LOL