dpb wrote:
On 5/13/2011 12:45 PM, Don Phillipson wrote:
"Tony wrote in message
...

One tree branch about ~4 in. in diameter over hangs across the fence
casting shade on our gazebo. I few times mentioned to the neighbor to
take care of his tree but no response at all. Now SWMBO says cut it and
toss the branch over into their yard. Is it too rude to do that?

1. Confirm with city hall that you may remove branches that
overhang your property.

Almost a certainty...but it never hurts to be sure in any given
jurisdiction.

2. Ask the neighbour to choose between removal by a
professional agency at his expense and removal by you
at your expense.

Almost a certainty the owner has no fiscal onus; any expense incurred in
hiring the pro on this side of the fence is OPs, not the neighbor's so
he'll be out the cost if tries that unless neighbor is simply generous
(which doesn't sound as would be, particularly).

The neighbor's responsibility (again, almost certainly) ends at the
property line for incurring costs (other than as another pointed out, in
case of actual negligence if it were diseased or otherwise at fault that
it caused actual damage).

Now, is it neighborly to plant something excessively large at the
property boundary and let it grow where it may be wanted? Not
particularly, but "legal obligation" and "neighborly" don't necessarily
overlap in this area.

Hi,
This is second owner of the house. When original owner planted that kind
of tree TOO close to the the property line at the corner, I know
it's gonna happen. Over hang affects 3 neighbors including us.