On Sun, 09 Jun 2013 16:41:59 -0400, "Percival P. Cassidy"
wrote:

On 06/08/13 11:05 pm, micky wrote:

Is this job too big for a gas tree pruner?

A tree about 10 feet outside my yard was at a 45^ angle over my yard
for the last 6 months, and yesterday some time, it went down a bit
lower, not it's maybe a 30^ angle with the ground. The tree is 35 to
40 feet tall, if it were upright, and now its trunk and branches 12 to
18 feet above the ground. The tree branches are resting on some 20'
high bushes in my yard, and I think it's still held up by the roots
too.

What is a good way to cut it up, while it is still up there?*** That
is, cut off ends, working back to my fence (and then it can be cut off
at the base.)

Branches are 2 - 4" thick and the trunk where I want to cut it is 3 -
7" thick.

I have a couple small and medium-small electric chain saws, but no way
to get them up that high**.

They rent gas driven tree pruners, with telescoping poles, which I
think will reach high enough if I'm 5 feet up a 6 foot ladder. Is
this job too big for them. The engine is at the bottom and the chain
is at the top. Maybe it will stall or won't cut for some reason?

Are there electric tree pruners that might be lighter, that maybe I
can find for rent if I look long enough?

**Or could I tie one of my small electric chain saws to my own
telescoping pole

Gas or electric, I guess the weight of the bar and blade (and electric
motor) is what helps the saw to cut.

***I can't cut it off at the base in order to lower it, because then
it will fall on my new cherry tree, whose cherries are just turning
red, and on my fence.

Thanks.

Is the base of the tree on your property, or who does it belong to??

No, it's on never inspected, mostly neglected wild land behind my
house, owned probably by Warren Buffet's company. I don't want its
agents getting in the habit of walking behind my house, on my land,
since their land is full of bushes, vines, and trees.

That will affect somewhat what you do.

Why? Once a tree falls on a person's land, he has the right to cut
it up. Even if they are willing, I don't want them messing with
this. I don't want them coming on my property, and I think it
unlikely they will hire outside contractors who will take adequate
care of my cherry tree, or anything else for that matter (but even if
they would, I don't want them.)

snip

Did the US inherit English "Common Law"? It is my understanding that, in
English law, if any branches of A's tree overhang B's property, B is
entitled to cut off that portion of the branches that overhang his (B's)
property. But if the tree is a fruit tree, the fruit on those branches
must be returned to A, since they are A's property. IOW, the tree does
not have to *fall* on B's property before he is entitled to cut off the
intruding branches.

Perce

Yes, the US did inherit English Common Law, and indeed, what you said
is the law in the US. I didn't want to argue with whoever said
otherwise. (I forgot about fruit, but what you say sounds right.
This tree has none.)

New York State completely, and I suppose some other states partially,
have enacted laws to replace common law, but those statutes more often
than not say the same thing the common law did. Certainly on
overhanging limbs they do. I'm not sure about overhanging trunks, but
this tree can't be repaired except maybe and at enormous cost.

When I moved in 30 years ago to this townhouse, it was 4 years after
the county government dug a trench and put a big sewer line in
parallel to the stream, just 20 feet from my property. (New
construction had been put on hold until the sewer was completed, but
aiui, my own house and those near it were built illegally in violation
of the hold.) Over the next few years, several trees died because
digging the trench cut too many of their roots. At the same time
grasses and bushes were growing, and then new trees. These new
trees, especially those growing on the slope of the stream bed, are
30+ years old now, and they are either dying or falling down. Most
die, but this one is still alive just about everywhere. The trunk is
not split either. But if you look at the trunk where it goes into the
ground, it used to be vertical, then a 45^ angle, and now about a 30^
angle. I think if my bushes weren't holding it up, it would be my 4o
inch fence, and if not that, the tree would be lying on the ground.
If not now, in 2 or 3 months. (It rained a lot the days before it
fell down from 45 to 30.) If the property owners knew about it,
they'd just call it gone, and wait to see what else grows.

Between me and the street on the other side of the stream, there seems
not to be enough dry land to legally build anything, so I'm hoping
they never do.