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new home owner question .... tree trimming
GreenLantern
Member Posts: 1,647 ✭✭✭
I've got one large tree in my yard where the branches hang over into each neighbors yard. Are they responsible for trimming the branches that cross the property line and hang on their side or am I?
GL
Edited by - nunn on 09/24/2002 18:57:38
GL
Edited by - nunn on 09/24/2002 18:57:38
Comments
"It was like that when I got here".
Often the mind believes it is thinking, when it is only passing from one metaphor to the next.
Act of god my ...!
Have guns,will travel
If your neighbors wish to trim branches that grow from your tree across your property line, you are powerless to stop them and you are not legally responsible to pay for the work they perform or hire to perform. They have the right to follow an imaginary line straight up from the property line and remove any encroaching limbs- up to the point of tree mutilation. You, however, are not required to allow or provide them access to the tree trunk if the limbs are not accessable to machinery ( bucket truck) in the event they would be forced to climb the tree.
You are soley responsible for your tree ( all of it ) if a limb falls onto their grass with no damage, they could require you to remove it or pay for its removal. You are responsible for any damage your tree may do to their property including but not limited to: their vehicles, lawn, structures or underground services ( roots in pipes) or a large limb falling and cracking their driveway, sidewalk or septic tank. If you wish to have the tree trimmed you are not required to gain their permission to do so as you own the tree, despite any complaints they may have- neighbors always love large shade trees over their property when someone else is legally responsible for any damage they may suffer. However you or your hired contractor/arborist must gain their (written) permission to enter their property for cleanup or to bring equipment onto their property or to lower limbs onto their property.
Hope it answers your question, probably not what you wanted to hear though. Most of the time I've found everyone can agree, while you/your insurance may be responsible, neighbors probably don't want to spend christmas in a hotel because their house was smashed by a evident hazard tree.
If, in the event your tree causes property damage, you will not be found negligent if you are not an arborist and trained in identifying hazard trees, and the problem is not something a REASONABLE person could or would have deemed a REASONABLE cause for concern ( if the limb isn't split out and barely attached, hanging over their house, ect)
No, I am not a lawyer, I am a practicing ISA certified Arborist and owner of a tree and landscaping company in so. Ohio. The laws may differ (SLIGHTLY) in your locale, but I doubt it, I attended the "trees, people and the law" seminar in 1999 given by Victor Merullo, a prominent green industry lawyer, and the National Arbor Day Foundation. This seminar is given nationally and this case:
Murray vrs Heabron No a-95246 Ohio-1947 is used in the class and as the case study for the countrywide seminar. Its pretty much 'common law' although it may be on the books where you live.
CYA- get the tree checked by a competent and reputable arborist if you have any doubts or if a neighbor has voiced concerns, a consultation would cost a minimal charge ( around 30-100 dollars depending on area and depth of inspection) and would cost much less than a negligence lawsuit defense. Be sure the get the arborist's opinion in writing.
One last note: If the limbs reach close to the ground on their property line and if any child (18 or under) climbs the tree and is hurt by any means- YOU are responsible- EVEN IF THE CHILD WAS KNOWINGLY TRESPASSING AT THE TIME OF THE ACCIDENT! Please read Huffman v Appalachian Power Company- Supreme Court-West Virginia No 20118 decided 19 DEC 1991 if this applys to your situation. Ralph
Nothing very, very good or very, very bad lasts for very, very long.
I had a big Chinese Elm (giant weed) taken down a few years back due to the worries that I had about it being so huge (and a weak tree), and possibly falling on the neighbor's houses, which are a good 60-70 feet away from where the stump now is. I also agree with the advise about an arborist. I kin cuts down jest 'bout any tree ya kin find, and maybe even drive a stake in the ground to prove it fell where I wanted it to, BUT! I don't climb, and most of these trees have to be taken down from the top. Let the experts take care of that, they are worth every penny, if there's a goof, their insurance pays, and they'll probably be there for only a few hours, and you'll have lots of firewood bucked into 6 foot chunks when they leave, but that's up to the contract, we opted to clean up the brush and saw the "remains" into firewood by ourselves once it was on terra firma. They did the hard part, we did the long part....
Like Reb said, the neighbors CAN trim them, even without your permission, but you are still the responsible party.
GL
A lot of problems can be avoided if you talk to you neighbors and are lucky enough to get along with them. I patched up the fence the next day so they could let the dog out. They appreciated this very much.
I rush in where others flee.
When Clinton left office they gave him a 21 gun salute. Its a damn shame they all missed....
Edited by - allen griggs on 09/24/2002 14:49:01
Those people who see nothing but grey areas, no black and white, are lost in the fog.
If you have that much tree, I'd do some trimming over my neighbors' yards to avoid the problem getting worse. I've had mature trees on property and I really didn't want to hassle my neighbors with low hanging branches, so I got the necessary cutting toosl and did some trimming where the branches overhung the neighbors' yards. It just seemed like the neighborly thing to do. I also checked to be sure my branches didn't interfere with their cable or electric lines coming from the pole to their roof. Those inexpensive saws with the jagged teeth work great, and you can put them on a long pole to get up higher without a ladder.
- Life NRA Member
"If cowardly & dishonorable men shoot unarmed men with army guns, the evil must be prevented by the penitentiary...and not by general deprivation of constitutional privilege." - Arkansas Supreme Court, 1878
***I'm in the hi-fidelity first class travelling section I think I need a Leer jet***
Ask anyone who deals with trees when a bad tree will fall, its not during that 50+ mph windstorm you had, but on a bright clear day with no wind- odd, but I've seen it too many times. Those times are when you need to have covered your *, not during acts of nature beyond the norm and beyond our control.
Mr Griggs, be thankful you have decent neighbors, you are in the minority.
There's no laws I know of that state people must always 'get along and be neighborly' but there are laws that state who are at fault when all else fails. Those I posted are some I deal with daily.
As always, there are situations that don't follow the set patterns, and laws are always being updated to include these new circumstances.
I listed the most common problems in the hope that if there were concerns on GreenLantern's part that he would have enough knowledge to make an imformed decision as to have a specialist look deeper.
Hope it helps-Ralph
Nothing very, very good or very, very bad lasts for very, very long.
Nothing very, very good or very, very bad lasts for very, very long.
Nothing very, very good or very, very bad lasts for very, very long.
To satisfy my own curiosity I went out and measured the tree last night. At the narrowest point at the trunk it measured 17' all the way around, then it spreads out into 3 or 4 main branches. This thing is so tall that I don't know if a saw-pole would even reach high enough. As it stands right now I'd almost have to get on the neighbors roofs to do any trimming and unfortunately it crosses the power lines to my house and each neighbor on each side.
The tree doesn't really need trimming right now but what prompted my initial question was just after we moved in, my girlfriend came in the house and said she had just met the next door neighbor. She said that the neighbor had trimmed the tree for now but we'd have to eventually do it. I don't know how that original conversation went and what was said to give my girlfiend the idea that we had to do the trimming but I was under the impression that any part of the tree that was on their side then it was their responsibility to trim it. I justed wanted to get some opinions before any serious issue arises from it.
GL
Nothing very, very good or very, very bad lasts for very, very long.
Nothing very, very good or very, very bad lasts for very, very long.
Nothing very, very good or very, very bad lasts for very, very long.