On May 26, 12:35*pm, "
wrote:
On May 26, 12:12*pm, "chaniarts" wrote:

As for the branches over the pool, it's the pool property owner's
responsibility to trim the branches back to the property line.
A couple things come into play. *First, if it's easier to access
and trim from one property than the other, then a reasonable
neighbor would allow access. * Second, in most cases, it
would be better for the tree, aesthetics, etc for the branch
to be cut off back at the tree, which in this case is on the
other property. * But there is no obligation that the neighbor
do it.

In fact, you may find that if the work cannot in practice be done
without setting foot on the neighbour's property, then the neighbour
can be ordered to allow passage. I was told this in the context of
work on my foundation, which is a few inches from the property line,
but in fact I got on fine with the neighbours and I passed on their
concerns to my contractors and all was hunky dory. Lots of caveats
he the work itself must be urgent in some way, etc. Moot unless the
neighbour refuses to allow you (or your arborists) climb from his side
and there's no other way they can do it. If it comes to that, you
really need to be talking to a lawyer, unfortunately.

But basically, the advice I've always heard is per the current
consensus: it's up to you - er, Bob - to have the tree trimmed the way
he wants it, at his expense. The bit about the neighbour "owning" the
resulting wood I'm not so clear on. Maybe Bob needs to offer it to
him, and if it's useful firewood then I certainly would, but as for
demanding that he pay for removal or take it onto his property I'd
want a lawyer's opinion on paper about that.

Obviously any of these lawyer options will pretty much end any hope of
a friendly relationship thereafter, but if the neighbour is being
obstructionist about reasonable requests, then you're kinda heading
there anyway, and better to be the one on solid legal ground.

Have the work done by a certified arborist, and they'll probably want
to do a tree health report before they start. That covers your butt
from claims that the trimming caused any future problems. Give the
neighbour a copy of the report, costs you 10 cents to photocopy and
it's worth big bucks to him whether he appreciates it or not.

Chip C
Toronto