Hi,
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?

In article , wrote:
Hi,
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?

Yes, it is.

If you were my neighbor and did that, I'd toss it back into your yard.

What makes you think it's your neighbor's responsibility to prune
branches in *your* yard, and then dispose of *your* yard waste?

On 5/13/2011 11:32 AM, Tony Hwang wrote:
Hi,
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?

I can see why you'd cut it but why throw it back? Sounds like something
my mentally deranged neighbor would do.

I'd be sure it's the proper time of year to prune the tree and to use
pruning paint if it's called for. Some trees don't like to be pruned at
all and all healthy trees should be preserved if at all possible.

My neighbor and I share the roots to a big grape vine. It grows on both
sides of the fence but she's convinced it is my vine and I'm responsible
for whatever it does on her side of the fence. She's not completely
mentally or physically together so I just do whatever she wants me to
do. Doing little things for your neighbors isn't a bad thing. It's just
what good neighbors do.

Jim

"Tony Hwang" wrote in message
...
Hi,
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?

You can legally cut whatever overhangs onto your property as long as you
don't trespass on your neighbor's land to do it. At least in most
jurisdictions. And in most jurisdictions, you would be liable for the cost
of them hiring someone really expensive to haul away the branch that you
threw onto their property. That's not allowed.

--
Bobby G.

On 5/13/2011 12:32 PM, Tony Hwang wrote:
Hi,
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?
Where I live (MD), a neighbor's overhanging branch is my property, not
theirs. I can leave it or remove it as I please. In fact, if the
entire tree falls onto my property and causes damage, my neighbor has no
liability unless I can prove negligence in court (i.e., that the
neighbor knew the tree was at risk of falling onto my property and
intentionally did nothing about it).

Check your local laws before you proceed, just in case where you live,
the branch happens to be his property. In any case, why pick a fight
with your neighbor?

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

--
Don Phillipson
Carlsbad Springs
(Ottawa, Canada)

On 5/13/2011 12:32 PM, Tony Hwang wrote:
Hi,
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?

I'm surprised at you asking that question...it borders on nasty to toss
the branch back in the neighbor's yard. If the tree MUST be pruned,
read up on how to do it and do it in a way that doesn't distort the
overall shape. Where I used to live, it was violation of code to prune
trees in a way that distorts them (like pruning all growth on one side).
I think it would be better to have more shade than to offend a
neighbor. In most places, one has a right to prune to the property line
and the stuff you prune over your own property is yours to dispose of.

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.

--

On 5/13/2011 12:47 PM, dadiOH wrote:
....

If you do decide to cut it, I suggest you talk to the neighbor, tell him you
are going to cut it and ask if you can come onto his property so you can cut
it properly. "Properly" is *NOT* just whacking it off, it is cutting close
to the trunk or branch from which is growing so the cambium layer can
eventually grow over the cut; if you just whack it, the stub will rot. If
you do it properly, disposal is still your job.

OTOH, if the neighbor has been asked politely and declined, there's
little incentive to go out of one's way unless there's a special
circumstance (like the neighbor is elderly or otherwise incapacitated,
etc.) If just choosing to ignore it when clearly could if cared, why
should OP take extra care in reciprocal? (Devil's advocate position,
here...)

--

"Tony Hwang" wrote in message
...
Hi,
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?

I saw the same thing the other day on TV, but there might be different laws
in different states. In NY, it said you can cut anything that hangs on your
side, but *you* have to dispose of it, I believe it's the same in CA. As to
the rest of it, yes...it would be rude, and who wants to have issues with
neighbors over something small. JMO

Cheri

dadiOH wrote:
Tony Hwang wrote:
Hi,
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?

You don't like shade on your gazebo? I would.

If you want to cut it, you can cut it but it is up to you to dispose of the
trash.

If you do decide to cut it, I suggest you talk to the neighbor, tell him you
are going to cut it and ask if you can come onto his property so you can cut
it properly. "Properly" is *NOT* just whacking it off, it is cutting close
to the trunk or branch from which is growing so the cambium layer can
eventually grow over the cut; if you just whack it, the stub will rot. If
you do it properly, disposal is still your job.

Hmmm,
I'll have another talk with him and disposing of it myself is no
problem. Our little tool shed suffered a major dent once from the
branch. The tree is not of a kind worthy of looking after, kind of
poplar. I have basic knowledge of pruning (thanks I took 3 years
horticulture class in HS)

On May 13, 12:57*pm, 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.

--

My neighbor 45 years ago planted a tree 1 foot inside his property
line. It was there when we bought our house 42 years ago. Then, 40
years later, the tree had grown 3 feet in diameter, 2 feet on his side
of the proerty line and 1 foot on my side of the line. When it needed
to be removed because it was leaning toward his house, I did not offer
to share the cost of removal since it was his tree. He did not ask me
to share in any of the cost. We are all on very good speaking terms,
house-sitting, etc, but I didn't feel it was my responsibility. Other
trees on his side of the property line overhang into my yard, and I
try to trim them as though they were my trees, being careful to trim
them properly, cleaning up the debris and disposing of it, etc.

Unless you want to really annoy the neighbor, I would certainly not
toss debris into his yard.

On 5/13/2011 1:04 PM, Cheri wrote:
"Tony Hwang" wrote in message
...
Hi,
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?

I saw the same thing the other day on TV, but there might be different
laws in different states. In NY, it said you can cut anything that
hangs on your side, but *you* have to dispose of it, I believe it's
the same in CA. As to the rest of it, yes...it would be rude, and who
wants to have issues with neighbors over something small. JMO

Cheri



Sometimes it not so small. My neighbor, back in NM, had a tree that was
huge and old. It would drop huge branches from time to time during wind
storms. One poked a hole in my shed. If the tree fell over it could have
cause serious damage to my house. I asked him about it. He laughed and
said he had insurance.

Jim

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.

On 5/13/2011 1:21 PM, Tony Hwang wrote:
....
This is second owner of the house. When original owner planted that kind
of tree TOO close to the the property line...

That's undoubtedly a big contributor to the attitude--the tree was there
long before they got there; so "what's the problem, again?"

--

dpb wrote:
On 5/13/2011 1:21 PM, Tony Hwang wrote:
...
This is second owner of the house. When original owner planted that kind
of tree TOO close to the the property line...

That's undoubtedly a big contributor to the attitude--the tree was there
long before they got there; so "what's the problem, again?"

--
Hi,
I have my own trees to look after. And little uneasy about possible
damage the branch could cause when windy or snowy days. Being soft wood
tree, the risk is higher.

Tony Hwang wrote in
:



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.




My understanding is that if the branch is hanging over on your side of the
property line, then it's your property, and you are within your rights to
cut it back to the property line.


--
Tegger

On Fri, 13 May 2011 13:34:53 -0500, dpb wrote:

On 5/13/2011 1:21 PM, Tony Hwang wrote:
...
This is second owner of the house. When original owner planted that kind
of tree TOO close to the the property line...

That's undoubtedly a big contributor to the attitude--the tree was there
long before they got there; so "what's the problem, again?"

It's also a big contributor to Tony's attitude, that the first owner
planted it so close to the property line.

but listen to all but one or two of the posters, Tony. The branch
over your property is NOT the neighbor's responsibility. It's bad
enough ticking someone off when you're right, but if you put the
branch on his property, you'll do it when you're wrong.

This was probably the law in England before Columbus was a gleam in
his father's eye. It's not likely any us state has changed the rule,
because most of these rules fit together with each other like a
crossword puzzle.

On Fri, 13 May 2011 13:47:39 -0400, "
wrote:

On 5/13/2011 12:32 PM, Tony Hwang wrote:
Hi,
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?

I'm surprised at you asking that question...it borders on nasty to toss
the branch back in the neighbor's yard. If the tree MUST be pruned,
read up on how to do it and do it in a way that doesn't distort the
overall shape. Where I used to live, it was violation of code to prune
trees in a way that distorts them (like pruning all growth on one side).

I wish someone would tell the electric and maybe the phone companies
that. I hate those V-shaped trees, especially since almost none are
symmetric.

Or would they insist on shortening the whole tree if the rule applied
to them?

I think it would be better to have more shade than to offend a
neighbor. In most places, one has a right to prune to the property line
and the stuff you prune over your own property is yours to dispose of.

On Fri, 13 May 2011 13:01:46 -0500, dpb wrote:

On 5/13/2011 12:47 PM, dadiOH wrote:
...

If you do decide to cut it, I suggest you talk to the neighbor, tell him you
are going to cut it and ask if you can come onto his property so you can cut
it properly. "Properly" is *NOT* just whacking it off, it is cutting close
to the trunk or branch from which is growing so the cambium layer can
eventually grow over the cut; if you just whack it, the stub will rot. If
you do it properly, disposal is still your job.

OTOH, if the neighbor has been asked politely and declined, there's

Declined to do what, to trim his tree when it's the one askeing whose
repsonsibility to trim it? Why shouldn't he decline?

Or to let the one asking come on his yard? I would try to get his
cooperation again, but I wouldn't try forever.

little incentive to go out of one's way unless there's a special
circumstance (like the neighbor is elderly or otherwise incapacitated,
etc.)

Maybe you coudl tell yourself that even young healthy people who are
not cooperative when they should be are incapacitated too.
Psychically, emotionally, because they weren't raised right, or
something. Of course telling yourself this may not convince yourself
of it, or cause you to make allowance for it.

If just choosing to ignore it when clearly could if cared, why
should OP take extra care in reciprocal? (Devil's advocate position,
here...)

For those who care, the Bible in Leviticus 19 says not to take
vengeance and not to bear a grudge. My educated friend tells me a
common illustration of this. You go to your neighbor to borrow a
tool, maybe a power tool, and even though you aren't likely, he
doesnt' think you're likely, to break it or not return it, he says No.
Then later, he comes to you to borrow something equivalent. He's not
likely to break it or not return it either. If you think, "You
wouldn't lend to me so I won't lend to you" and you don't lend it,
that's taking vengeance. If you say "Well, I remember that you
wouldn't lend to me when I asked but I'll lend to you", that's bearing
a grudge. Not doing these things is a hard standard to live up to
sometimes, and there's the question whether one should/can/may treat
everyone in the world like this or as many as one can, or what.

On Fri, 13 May 2011 13:12:27 -0500, JimT wrote:

On 5/13/2011 1:04 PM, Cheri wrote:
"Tony Hwang" wrote in message
...
Hi,
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?

I saw the same thing the other day on TV, but there might be different
laws in different states. In NY, it said you can cut anything that
hangs on your side, but *you* have to dispose of it, I believe it's
the same in CA. As to the rest of it, yes...it would be rude, and who
wants to have issues with neighbors over something small. JMO

Cheri



Sometimes it not so small. My neighbor, back in NM, had a tree that was
huge and old. It would drop huge branches from time to time during wind
storms. One poked a hole in my shed. If the tree fell over it could have
cause serious damage to my house. I asked him about it. He laughed and
said he had insurance.

I'd rather have no hole in my house than the insurance money to repair
the hole.

I was having trouble getting flood insurance for my house. Eventually
I thought, instead of putting my efforts into getting insurance, I
should figure out how to prevent the flood. So I thought about
renting a small excavator or back hoe. (they have a rental place only
two miles from here) I thought of paying them whatever it took to get
them to deliver it right away, but then I got stuck realizing that by
the time I realized one flood was worse than the many harmless ones
there have been, it would be too late to rent anything, even if they
delivered it in 5 minutes, because the rushing water would make it too
dangerous, and that along most of the stream, I don't have access
becaue of other homes (although maybe they would let me in, esp. if I
talked to them in advance), or because the bank is so steep and full
of trees I'll probaby fall over trying to get where I'm going, and
finally because I think the real obstrucion is solid rock walls on the
channel a little downstream from me, and I wouldn't be able to widen
the channel. So I've decided it won't flood my house anyhow.

Jim

On 5/13/2011 2:07 PM, Tony Hwang wrote:


dadiOH wrote:
Tony Hwang wrote:
Hi,
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?

You don't like shade on your gazebo? I would.

If you want to cut it, you can cut it but it is up to you to dispose
of the
trash.

If you do decide to cut it, I suggest you talk to the neighbor, tell
him you
are going to cut it and ask if you can come onto his property so you
can cut
it properly. "Properly" is *NOT* just whacking it off, it is cutting
close
to the trunk or branch from which is growing so the cambium layer can
eventually grow over the cut; if you just whack it, the stub will rot. If
you do it properly, disposal is still your job.

Hmmm,
I'll have another talk with him and disposing of it myself is no
problem. Our little tool shed suffered a major dent once from the
branch. The tree is not of a kind worthy of looking after, kind of
poplar. I have basic knowledge of pruning (thanks I took 3 years
horticulture class in HS)

That's what I would do. Just today I took a dead limb that size off a
chestnut tree. Little too much for my hand saw but with chain saw
probably took a half hour and that included cutting it up for firewood
and carrying it up hill. No big deal for this old man.

Robert Green wrote:
"Tony Hwang" wrote in message
...
Hi,
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?

You can legally cut whatever overhangs onto your property as long as
you don't trespass on your neighbor's land to do it. At least in most
jurisdictions. And in most jurisdictions, you would be liable for
the cost of them hiring someone really expensive to haul away the
branch that you threw onto their property. That's not allowed.

Trespassing requires more than mere presence. At a minimum, there must be
some notification to the interloper that his visitation is not permitted.
This notification can be verbal ("Go away!") or, more often, a sign.

Even WITH prior warning, exigent circumstances (such as a fire or limb about
to fall) trumps the notice.

Were this not the case, the letter-carriers, meter-readers, and so forth
would spend most of their time in jail.

On May 13, 1:02*pm, JimT wrote:
On 5/13/2011 11:32 AM, Tony Hwang wrote:

Hi,
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?

I can see why you'd cut it but why throw it back? Sounds like something
my mentally deranged neighbor would do.

I'd be sure it's the proper time of year to prune the tree and to use
pruning paint if it's called for. Some trees don't like to be pruned at
all and all healthy trees should be preserved if at all possible.

My neighbor and I share the roots to a big grape vine. It grows on both
sides of the fence but she's convinced it is my vine and I'm responsible
for whatever it does on her side of the fence. She's not completely
mentally or physically together so I just do whatever she wants me to
do. Doing little things for your neighbors isn't a bad thing. It's just
what good neighbors do.

Jim

On May 13, 1:05*pm, "Robert Green" wrote:
"Tony Hwang" wrote in message

...

Hi,
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?

You can legally cut whatever overhangs onto your property as long as you
don't trespass on your neighbor's land to do it. *At least in most
jurisdictions. *And in most jurisdictions, you would be liable for the cost
of them hiring someone really expensive to haul away the branch that you
threw onto their property. *That's not allowed.

--
Bobby G.

On May 13, 1:07*pm, Peter wrote:
On 5/13/2011 12:32 PM, Tony Hwang wrote: Hi,
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?

Where I live (MD), a neighbor's overhanging branch is my property, not
theirs. *I can leave it or remove it as I please. *In fact, if the
entire tree falls onto my property and causes damage, my neighbor has no
liability unless I can prove negligence in court (i.e., that the
neighbor knew the tree was at risk of falling onto my property and
intentionally did nothing about it).

Check your local laws before you proceed, just in case where you live,
the branch happens to be his property. *In any case, why pick a fight
with your neighbor?

On May 13, 1:07*pm, Peter wrote:
On 5/13/2011 12:32 PM, Tony Hwang wrote: Hi,
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?

Where I live (MD), a neighbor's overhanging branch is my property, not
theirs. *I can leave it or remove it as I please. *In fact, if the
entire tree falls onto my property and causes damage, my neighbor has no
liability unless I can prove negligence in court (i.e., that the
neighbor knew the tree was at risk of falling onto my property and
intentionally did nothing about it).

Check your local laws before you proceed, just in case where you live,
the branch happens to be his property. *In any case, why pick a fight
with your neighbor?

On May 13, 1:45*pm, "Don Phillipson" wrote:
"Tony Hwang" 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.
2. *Ask the neighbour to choose between removal by a
professional agency at his expense and removal by you
at your expense.

--
Don Phillipson
Carlsbad Springs
(Ottawa, Canada)

On May 13, 1:45*pm, "Don Phillipson" wrote:
"Tony Hwang" 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.
2. *Ask the neighbour to choose between removal by a
professional agency at his expense and removal by you
at your expense.

--
Don Phillipson
Carlsbad Springs
(Ottawa, Canada)

"JimT" wrote in message
...
On 5/13/2011 1:04 PM, Cheri wrote:
"Tony Hwang" wrote in message
...
Hi,
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?

I saw the same thing the other day on TV, but there might be different
laws in different states. In NY, it said you can cut anything that hangs
on your side, but *you* have to dispose of it, I believe it's the same
in CA. As to the rest of it, yes...it would be rude, and who wants to
have issues with neighbors over something small. JMO

Cheri



Sometimes it not so small. My neighbor, back in NM, had a tree that was
huge and old. It would drop huge branches from time to time during wind
storms. One poked a hole in my shed. If the tree fell over it could have
cause serious damage to my house. I asked him about it. He laughed and
said he had insurance.

Jim

That's not really the same thing as a branch hanging over your yard. In that
case, I think the neighbor would be responsible if you could prove the tree
was not in good shape.

Cheri

"Tony Hwang" wrote in message
...

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.

I have the same thing going on at my house. The original people planted a
small tree that turned into a big tree. It drops some kind of black berry
type things all over my patio and sidewalk and some of the branches were
resting on almost new roof. The Robins love the berries, but I don't, so I
had a tree service come and cut it back to their side this year. It's a
relief for me, and no grief with the neighbors.

Cheri

"Tony Hwang" wrote in message
...
Hi,
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?

I'd just cut it and, if a hardwood, burn it in my smoker. You can legally
cut what is on your side. Tossing it over the fence will be a childish act
and not worth future aggrevation.

On Fri, 13 May 2011 17:59:19 -0500, "HeyBub"
wrote:

Robert Green wrote:
"Tony Hwang" wrote in message
...
Hi,
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?

You can legally cut whatever overhangs onto your property as long as
you don't trespass on your neighbor's land to do it. At least in most
jurisdictions. And in most jurisdictions, you would be liable for
the cost of them hiring someone really expensive to haul away the
branch that you threw onto their property. That's not allowed.

Trespassing requires more than mere presence. At a minimum, there must be
some notification to the interloper that his visitation is not permitted.
This notification can be verbal ("Go away!") or, more often, a sign.

I woudln't count on that. AFAIK, uninvited guests are entitled to go
up the sidewalk to the door. Nothing else. Or less if there is a
sign.

Even WITH prior warning, exigent circumstances (such as a fire or limb about
to fall) trumps the notice.

I'm sure you're right here. Although a fire is easier to prove than a
limb about to fall.

Were this not the case, the letter-carriers, meter-readers, and so forth
would spend most of their time in jail.

No, because I'm sure letter-carriers are protected by law, and in
additino, they only go up the sidewalk to the door, and a mailbox or
mail slot might be construed as an invitation also. Meter readers are
protected by contract.

On 5/13/2011 3:49 PM, mm wrote:
On Fri, 13 May 2011 13:47:39 -0400, "
wrote:

On 5/13/2011 12:32 PM, Tony Hwang wrote:
Hi,
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?

I'm surprised at you asking that question...it borders on nasty to toss
the branch back in the neighbor's yard. If the tree MUST be pruned,
read up on how to do it and do it in a way that doesn't distort the
overall shape. Where I used to live, it was violation of code to prune
trees in a way that distorts them (like pruning all growth on one side).

I wish someone would tell the electric and maybe the phone companies
that. I hate those V-shaped trees, especially since almost none are
symmetric.

Just a little trimming, the wrong way, can make a tree grotesque. We
have a couple on our street...pretty woodsy neighborhood...one has a
trunk shaped like a tuning fork, with bittersweet climbing on it that
looks like it was had woven in a definite pattern )

Or would they insist on shortening the whole tree if the rule applied
to them?

I think it would be better to have more shade than to offend a
neighbor. In most places, one has a right to prune to the property line
and the stuff you prune over your own property is yours to dispose of.

Tony Hwang wrote:
dadiOH wrote:
Tony Hwang wrote:
Hi,
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?

You don't like shade on your gazebo? I would.

If you want to cut it, you can cut it but it is up to you to dispose
of the trash.

If you do decide to cut it, I suggest you talk to the neighbor, tell
him you are going to cut it and ask if you can come onto his
property so you can cut it properly. "Properly" is *NOT* just
whacking it off, it is cutting close to the trunk or branch from
which is growing so the cambium layer can eventually grow over the
cut; if you just whack it, the stub will rot. If you do it
properly, disposal is still your job.
Hmmm,
I'll have another talk with him and disposing of it myself is no
problem. Our little tool shed suffered a major dent once from the
branch. The tree is not of a kind worthy of looking after, kind of
poplar. I have basic knowledge of pruning (thanks I took 3 years
horticulture class in HS)

My neighbor has poplar trees right on the property line. The trunks are pushing
my fence into my yard. They drop 2-3 inch branches fro 50-70 feet up during
winter storms, which I understand is something poplars do. So far, the only
damage has been a hole in corrugated fiberglass over my firewood, but I do worry
about my garage roof if it happens with different wind direction.

JimT wrote:
On 5/13/2011 1:04 PM, Cheri wrote:
"Tony Hwang" wrote in message
...
Hi,
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?

I saw the same thing the other day on TV, but there might be
different laws in different states. In NY, it said you can cut
anything that hangs on your side, but *you* have to dispose of it,
I believe it's the same in CA. As to the rest of it, yes...it would
be rude, and who wants to have issues with neighbors over something
small. JMO Cheri



Sometimes it not so small. My neighbor, back in NM, had a tree that
was huge and old. It would drop huge branches from time to time
during wind storms. One poked a hole in my shed. If the tree fell
over it could have cause serious damage to my house. I asked him
about it. He laughed and said he had insurance.



My neighbor said exactly that when I told him I was woried about his poplars on
the property line. Unfortunately, it is my insurance that would have to pay,
not his, by just about any laws of the land.

"JimT" wrote in message
...

On 5/13/2011 11:32 AM, Tony Hwang wrote:
Hi,
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?

I can see why you'd cut it but why throw it back? Sounds like something
my mentally deranged neighbor would do.

I'd be sure it's the proper time of year to prune the tree and to use
pruning paint if it's called for. Some trees don't like to be pruned at
all and all healthy trees should be preserved if at all possible.

My neighbor and I share the roots to a big grape vine. It grows on both
sides of the fence but she's convinced it is my vine and I'm responsible
for whatever it does on her side of the fence. She's not completely
mentally or physically together so I just do whatever she wants me to
do. Doing little things for your neighbors isn't a bad thing. It's just
what good neighbors do.
Jim






Look, I'm only a passing lurker here....I just recently come across the
group on checking out things of interest to me.....

I live in Australia, and I believe, by law here , that if you cut an
overhanging branch from a neighbour, you return the branches to the
neighbour again by putting the cutting over the fence, on their land or
outside of their property at the front......

Here is pdf file with regard to the problem (at least here in Oz)

http://tinyurl.com/3dnk8el

Bigbazza (Barry) Oz

mm wrote:

Were this not the case, the letter-carriers, meter-readers, and so
forth would spend most of their time in jail.

No, because I'm sure letter-carriers are protected by law, and in
additino, they only go up the sidewalk to the door, and a mailbox or
mail slot might be construed as an invitation also. Meter readers are
protected by contract.

Okay, how about:
* Jeohovah's Witnesses,
* Door-to-door salesmen,
* Doofus brother-in-law,
* Person inquiring whether you want your car in the driveway drug off and
disposed of,
* Factotum delivering a complaint that the flowers in your front yard do not
match the color-scheme established by the HOA,
* UPS driver,
* Etc.


Point is, there is a legal implied consent for innocent usage of real
property. This implied consent is negated, as I said earlier, by a sign,
verbal rebuff, or locked door. Specifically, "trespass" requires wrongful
interference or one that causes harm or damage to the real property; simple
presence is insufficient to establish civil trespass.

Even IF one could maintain a cause of action against another's civil
trespass, what would the damages be?

Now there IS the issue of criminal trespass, usually defined as entering or
remaining on another's property in spite of notice to not enter or to depart
once there. But there HAS to be notice to the trespasser that entering or
remaining on the land is proscribed.

Bob F wrote:

My neighbor has poplar trees right on the property line. The trunks
are pushing my fence into my yard. They drop 2-3 inch branches fro
50-70 feet up during winter storms, which I understand is something
poplars do. So far, the only damage has been a hole in corrugated
fiberglass over my firewood, but I do worry about my garage roof if
it happens with different wind direction.

You MUST notify your neighbor of your concerns (in writing). Else you
"assent by silence" to the risk. He must then take steps to mitigate the
risk, such as hiring a tree-pruning service to reduce the chance of a
falling branch.

On 5/14/2011 7:56 AM, HeyBub wrote:
mm wrote:

Were this not the case, the letter-carriers, meter-readers, and so
forth would spend most of their time in jail.

No, because I'm sure letter-carriers are protected by law, and in
additino, they only go up the sidewalk to the door, and a mailbox or
mail slot might be construed as an invitation also. Meter readers are
protected by contract.

Snort. The only time they stick to the sidewalks is when the yard is
muddy or full of deep snow. The few walking or semi-walking routes that
are left, if they didn't cut through yards, they would never finish in
their allotted times. See all the recent threads about USPS trying to
bully people into switching to curbside boxes. There is a reason for
that- door-box delivery is EXPENSIVE.

--
aem sends...