On May 28, 6:42*pm, "
wrote:
On Sat, 28 May 2011 18:25:32 -0400, mm wrote:
On Fri, 27 May 2011 20:17:14 -0700, "Steve B"
wrote:

"John" wrote in message
....
I'm curious about people's opinions on the following not-so-
hypothetical situation:

And I'm curious about THIS situation, hypothetical, of course.

Suppose the part of the tree that was hanging over the non-owner's property
was to suddenly disappear in the night, or say, over a weekend when the
owner was away. *How could the owner prove that there ever was a limb there
in the first place without incriminating himself and saying that there was
this limb that was endangering his neighbor?

I like hypotheticals, but here I don't see great advantage, since the
person above whose land the limb was had the right to cut the limb off
at the property line anyhow. *Anyone who says that's not the law
should say what country and state or province they are talking about.
No one has done that for the general rule except the op's later post.

It would be a very quick permanent solution, but if you then have to live
next to that neighbor, I guess it could get sticky from there.

Yep, whether the law is on the side of the person who cut the limb or
not.

Just don't do it in Charlotte.

http://www.charlotteobserver.com/201...rch-fined-for-...

$4000 fine, $100 per branch.

That story from Charlotte sounds like an excellent test case for the
"tree ordinance" in that city... It sounds as if Charlotte is trying
to
dictate how the church must do its landscaping...

The church could quite easily defeat this tree ordinance on the
basis that the method they use to trim their trees back is an
aspect of the practice of their religion and is therefore protected
from regulation under the First Amendment protections...

While the trees that were trimmed may in fact be damaged,
the pictures posted with that article didn't show enough
detail about how and where they were cut... But somehow
this smells like the city wanting to extract its pound of
flesh from an otherwise tax exempt organization...

~~ Evan