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freeflycpi

freeflycpi

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My neigbor has trimmed a pine tree that is on my property but literally the outside diameter of the trunk touches his property. He had a tree service co. come and trim every branch off of the tree from the base to the top on half the tree 180degrees around. Basically all the branches are on one side of the tree. the tree is about 60 ft tall. It is also located 15-20 feet from the side of my house. Would removing the branches on one side be detrimental to the tree and therefore to my house. It seems to me that it is an accident waiting to happen.

Any insight is appreciated

Actually, is it legal to prune a tree in my yard that overhangs into his all the way to the top?????

Thanks,
Dave
 
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Ekka

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Had a similar request from a tree hater here. Had a huge old Norfolk Pine with a trunk dia of approx 4' up against the fence (other side though, was neighbours tree).

The customer wanted every branch that was coming over the fence cut back to the trunk all the way up, as high as the very tippy top, which would have been half of the trees branches and like you said 180 degrees.

I refused and walked. The tree would have easily been 70 years old.

The rules on this are stupid here. The rules state that you may remove any tresspassing parts whether they be roots or branches...

... however, if the tree has a protection order on it (check with local authority) you must apply for the work and the local authority will come out, have a look and tell you want you can do.

Now this leaves a huge amount of trees open to slather.

what has evolved is a thinking that if the works conducted has either increased or made likely a hazardous situation then the owner has the right to sue for damages. Also, if the tree has been disfigured to the point that it reduces amenity value the owner can sue for that. Now the problem with this is that you have to go it alone and it is highly opiniated as to what the $ value of the trimming and rectification is.

so, simple questions on non protected trees are ...

1. Is the tree hazardous following the trimming?
2. Has the tree lost aesthetic appeal and amenity value?
3. Has the value of the property fallen due to the trimmed trees new beauty.

Then you need to quantify the above into dollar terms and sue.

Usually there is some discussion with neighbs, did you not have this prior to the work?

Any chance of pictures?

My experience with pines is a little limited but I do know that they generally dont reshoot new foliage and branches. The roots on that side of the tree are most likely going to die as they tend to be fed from the foliage on that side. No foliage means no photosynthesis and therefore no food.

This will lead to a slow decline, then in will come the bugs and borers to finish the job off if the thing doesn't get blown over or decay fungi rot the base out.

Some quick TLC may help but it's his side of the fence that needs the work.

Keep us posted, interesting case and would love to see pics.
 
TackleTree

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Your neighbor does have the right to cut anything that passes over the property line on his side. Their is an imaginary line that runs up to the sky, (this is where it gets tricky), can be removed, but it is totally up to point of view, whats over what's not. Do I think it is proper to remove limbs on a tree 180 degrees, no.
So to answer ekkas questions:
1. Is the tree hazardous following the trimming? Yes, All the weight on one side
2. Has the tree lost aesthetic appeal and amenity value? YEP
3. Has the value of the property fallen due to the trimmed trees new beauty. Possibly but more affected by the gas prices. http://www.arboristsite.com/images/smilies/laughing.gif
:laugh:
 

Ekka

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TackleTree, there's no regs here, is there regs where you are on this type of BS pruning?

In our current edition of Arbor Age (Australia) is a story of some arbo who did all this protection zone stuff for a tree that was on the fence-line of a development.

The beaurocrats and developers all sat down and redesigned the place to accomodate this gum tree.

They were so chuffed, patting themselves on the back at what a great thing they had done for this tree.

But to their dismay the adjacent site excavated a deep footing within 200mm of the trunk and the tree had to go. Hahhaaha, how intelligent they all were.

Now had that tree simply been slapped with a VPO (Vegetation Protection Order) all would have been good. The VPO is then overshadowed onto adjacent properties and the neighbouring development would have had to also accomodate the tree. But as it turned out the neighbouring development got a green flag to go for what they did.

As it ends up the tree had to be cut down (structural roots severed) and no-one broke the law. Hahaha, how smart they all are.

So how much time and money was lost on that?

I put pics in to show what I mean, yes, I laugh coz I have wasted too much of my time talking to people about crap that could be fixed with the flick of a pen ... imagine in the above scenario how much was wasted.

Now if the tree's protected then

1. Non certified hacks, loppers, toppers and idiots cant work on it.

2. Permission must be sought prior to works and agreement reached.

3. Standard avenue of litigation for malpractice, malicious damage (which is what incorrect work is)

4. Correct work done, to standards or accepetable methods. No spike climbing, topping, stubbing, hatracking etc .... although I have witnessed some of these methods prescribed to street trees in the UK. ;)
 
TackleTree

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Not sure on the regs but common sense is lacking in these situations. Why would you destroy a tree by idiot pruning/cutting and leave it standing. Doesnt make sense. Also in your situation ekka why dont people think before digging the roots of a tree? Why is there no indication to others about the tree? No common sense. A classic example of not being held accountable. What a bunch of hoopla they went through to save that tree, applaude the effort, too bad the tree suffered! Kind of reminds me of the mentality of those that get a pet who dont take care of it, let it just run free, gets picked up by the pound then youthanized. Not the animals fault but it is the one that suffers. People arent held accountable. Pisses me off!
 
l2edneck

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Common practice here due to pools and ppl thinkin they are safe if its not hanging "over" the house.The only regs in this situation that would apply would be topping or removing more than 25% of the crown/foilage.I would imagine that would be the only recourse.As for a hazard it most definitly is and unforntally its leaning over his house now.All to many times ive seen this done.Pines,oaks even palms.
 
BlueRidgeMark

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Ekka said:
... however, if the tree has a protection order on it (check with local authority) you must apply for the work and the local authority will come out, have a look and tell you want you can do.


Eric, I've never even heard of such a thing in the U.S. If we have them anywhere, it's very few places.
 
Kneejerk Bombas

Kneejerk Bombas

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BlueRidgeMark said:
Eric, I've never even heard of such a thing in the U.S. If we have them anywhere, it's very few places.
In Wisconsin, the DNR requires permits to remove trees within certain distances of bodies of water, the county government has a department of land use which can have permit requirements to cut trees near water, and many suburban cities and towns have permit requirements for cutting trees over a certain diameter. So it's not uncommon, we just don't call them protection orders.
 
Kneejerk Bombas

Kneejerk Bombas

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freeflycpi said:
My neigbor has trimmed a pine tree that is on my property but literally the outside diameter of the trunk touches his property. He had a tree service co. come and trim every branch off of the tree from the base to the top on half the tree 180degrees around. Basically all the branches are on one side of the tree. the tree is about 60 ft tall. It is also located 15-20 feet from the side of my house. Would removing the branches on one side be detrimental to the tree and therefore to my house. It seems to me that it is an accident waiting to happen.

Any insight is appreciated

Actually, is it legal to prune a tree in my yard that overhangs into his all the way to the top?????

Thanks,
Dave
Why would your neighbor cut your tree without first talking to you?
I'd kick his ass.
 

Ekka

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See, fence-line jobs always suck.

I ask them when I'm bidding if they,ve spoken to the neibs.

In the majority of cases they have but if they haven't I go speak to them .... and wow, sometimes the two have a full on fight and I leave. :sword:

Just this weekend I quoted another big limb to come off a Jacaranda, I got them to reconsider to a reasonable reduction and they agreed. They hadn't spoken to the tree owner next door so I made sure that prior to the work they do ... but this is only one limb not half a tree.
 
Elmore

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Ekka said:
... Had a huge old Norfolk Pine with a trunk dia of approx 4' up against the fence (other side though, was neighbours tree).

The customer wanted every branch that was coming over the fence cut back to the trunk all the way up, as high as the very tippy top, which would have been half of the trees branches and like you said 180 degrees.

I refused and walked. The tree would have easily been 70 years old...

Man, I wish I had a big, old Norfolk Island Pine - Araucaria heterophylla. No one would be allowed to cut it. If I were back in California, this I would grow. I planted some Araucaria araucana - Monkey Puzzle Trees out there. If the new home owner is reading this...don't nap under these trees, please. Those falling cones will knock you out. Not as fine foliage as a Norfolk but still have a nice silhouette.

<img src="http://www.museumoflocalhistory.org/Landmark/photos/5800.jpg">

http://www.museumoflocalhistory.org/Landmark/treepage.php?asset_num=58.00
 
arboralliance

arboralliance

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Who says you don't...

Elmore said:
Man, I wish I had a big, old Norfolk Island Pine - Araucaria heterophylla. No one would be allowed to cut it. If I were back in California, this I would grow. I planted some Araucaria araucana - Monkey Puzzle Trees out there. If the new home owner is reading this...don't nap under these trees, please. Those falling cones will knock you out. Not as fine foliage as a Norfolk but still have a nice silhouette.

<img src="http://www.museumoflocalhistory.org/Landmark/photos/5800.jpg">

http://www.museumoflocalhistory.org/Landmark/treepage.php?asset_num=58.00
Every tree on the planet is yours/ours we are the experts our voice will make the difference...

quote
originaly by Mike Mass
I've only seen one full on fist fight over a property line tree, that was cool, but I have seen the cops called several times and a few court cases result.
I guess we're just more civilized over on this side of the planet.

I think when Ekka refers to a fight he means verbal stouche... I would assume (surely) you jest here Mike Mass...

Surely one thing you're all missing is common law in relation to correct prunning methods or standards of care, due diligence...

If a tree is cut and it is shown to be detrimnetal to its health a straight forward case of compensation is recognised because we do have standards of care and prunning so yes the neighbour can cut as long as it is to standard and if the tree dies or loses vigor etc then the cutter and nieghbour are liable based against the industry standards documentation...
 

Ekka

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Yeah, verbal exchange of compliments on firstly the tree then who owns it followed by threats of poisoning ..... etc etc.

Never physical, we call that a brawl, flogging, belting, hiding etc.

Here's an artists impression of what it now looks like

attachment.php
 
treeseer

treeseer

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arboralliance said:
If a tree is cut and it is shown to be detrimnetal to its health a straight forward case of compensation is recognised because we do have standards of care and prunning so yes the neighbour can cut as long as it is to standard and if the tree dies or loses vigor etc then the cutter and nieghbour are liable based against the industry standards documentation...

Jarrah you are describing what would be be over here an ideal situation and one that has turned out that way in certain jurisdictions. But the neighbor and the cutter and their insurance companies would not find it so "straightforward'. Are industry standatds the same as "standard of care"? Maybe, maybe not.
 
TackleTree

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"If a tree is cut and it is shown to be detrimnetal to its health a straight forward case of compensation is recognised because we do have standards of care and prunning so yes the neighbour can cut as long as it is to standard and if the tree dies or loses vigor etc then the cutter and nieghbour are liable based against the industry standards documentation..."

So as professionals, situations that go to court or require compen$ation for the tree, we can be held accountable? Thats why if something like this happens CYA! Advise client and neighbor of the situation, educate, tell them what the end results could be and for Goodness sakes write it on the estimate or document it so if it ever comes down to who is responsible for the tree, you will not be part of the equation.
 
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Elmore

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Ekka said:
Yeah, verbal exchange of compliments on firstly the tree then who owns it followed by threats of poisoning ..... etc etc.

Never physical, we call that a brawl, flogging, belting, hiding etc.

Here's an artists impression of what it now looks like

attachment.php

Ekka...you #%*#. What have you done to my tree?
 
arboralliance

arboralliance

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well...

Elmore said:
Ekka...you #%*#. What have you done to my tree?
Elmore, if you dont servcie those potential clients someone else will...

Thats a beautiful job Ek-ol-boy most blokes would have left ladder stubbs all the way up for free climbing on...
 

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