On 5/26/2011 11:48 AM, John wrote:
I'm curious about people's opinions on the following not-so-
hypothetical situation:

If you have two neighbors, call them Dan and Bob. There is a tree
whose trunk is on Dan's property, but there are branches that overhang
onto Bob's property, in fact, one branch hangs over Bob's pool causing
Bob some grief. The tree is mature, and existed before either moved
into their houses, Bob wants that branch (and several others)
trimmed, but Dan does not want to trim the tree on his property.
Who's responsibility is it to have the branch trimmed?

I know that Dan has no legal obligation to trim the tree, but is there
an implied moral obligation (it's Dan's tree therefore he should trim
it), or is it implied that the trim is for Bob's sole benefit,
therefore Bob should do it? (And splitting the cost does not seem to
be an option here).

I agree with responses but there are a couple of possibilities not
mentioned:

Tree owner's insurance company may want limb removed and pay for removal
to avoid possible higher liability if it damages neighbor's property.
Tree's owner would have to act because if he refused insurance company
could hold him liable for higher damages if limb falls.

There may be local laws, where if there is an imminent danger of the
limb falling (property is unkempt), local authority may fine the owner
and make him trim the offending tree.