Who is responsible 4 tree?

[climberjones]

Im sure this question has been asked on here many times but i havnt seen it !When a tree is on a property line and one homeowner wants limbs cut off there side but the other property owner does not who has the rights or lack there of ? legally!

 

[alanarbor]

it depends. If the tree is directly on top of the line, it is often considered property in common, requiring consensus from both owners.

If it's on one side or the other, most often the offended party can prune limbs back to their property line.

I am not a lawyer, but this is my understanding of it. The laws can vary from state to state, and even from town to town, so do some research on the local area.

My usual response when I get a job request like this is to politely decline to bid.

 

[BlackOakTreeServ]

Im sure this question has been asked on here many times but i havnt seen it !When a tree is on a property line and one homeowner wants limbs cut off there side but the other property owner does not who has the rights or lack there of ? legally!

Hi, CJ,
the owner with the tree limbs in his back yard has the right to cut them to his property line...the owner of the tree has no say...just dont cut anymore than to the fence line.

I will be doing this next week in sac. 4 good size live oak branches hanging over fence line into backyard, from 3 different neighbours...neighbours have no say if there branches are in someone else yard....at lest here in CA.

 

[flushcut]

Hi, CJ,
the owner with the tree limbs in his back yard has the right to cut them to his property line...the owner of the tree has no say...just dont cut anymore than to the fence line.

I will be doing this next week in sac. 4 good size live oak branches hanging over fence line into backyard, from 3 different neighbours...neighbours have no say if there branches are in someone else yard....at lest here in CA.

Same here.

 

[ducaticorse]

MA general laws state something to the effect:

A homeowner has the right to trim any branches from a tree in the neighbors yard that are crossing his property line.

BUT as in a case that I was recently involved in, the trimming of said branches CANNOT directly cause the tree in the adjacent yard to die, if so, the homeowner trimming property line branches can be criminally AND civilly punished.

It's always best to look up the laws in your own area of operation. Just because it is so in one state, county or town, doesn't mean it holds true to your area...... Ignorance is no excuse for violating the law...

 

[treemandan]

Who is responsible? I dunno, but I know who ain't. ME! Or you. Either have it resolved before to touch it or move on.

I will put up with mild case of " Property Line Vegeance" but approach it more like maintainance if its not to much trouble. Ya know, just prune a little here and there but I won't go hacking up a tree over a property line as i don't wanna get shot.

 

[climberjones]

Thanks for the input it sounds like id probably ought to look into the city codes around here before i go snipping !!!!!!!

 

[sgreanbeans]

MA general laws state something to the effect:

A homeowner has the right to trim any branches from a tree in the neighbors yard that are crossing his property line.

BUT as in a case that I was recently involved in, the trimming of said branches CANNOT directly cause the tree in the adjacent yard to die, if so, the homeowner trimming property line branches can be criminally AND civilly punished.

It's always best to look up the laws in your own area of operation. Just because it is so in one state, county or town, doesn't mean it holds true to your area...... Ignorance is no excuse for violating the law...

Same here, when I walk up on a dispute, I politely let them know that they need to come to an agreement in writing before I will give a bid.

 

[NCTREE]

I can tell you that if you end up hacking the side of that ho's tree he won't be happy and will tell all the neighbors. I bet it will be hard getting work in that neighborhood anymore.

 

[48"BAR PINCHER]

Hi, CJ,
the owner with the tree limbs in his back yard has the right to cut them to his property line...the owner of the tree has no say...just dont cut anymore than to the fence line.

I will be doing this next week in sac. 4 good size live oak branches hanging over fence line into backyard, from 3 different neighbours...neighbours have no say if there branches are in someone else yard....at lest here in CA.

SO to clarify this.. If you still have 3 feet to get back to the trunk, then you have to leave 3 foot stubs because the property line is 3 feet from the trunk?

 

[ducaticorse]

SO to clarify this.. If you still have 3 feet to get back to the trunk, then you have to leave 3 foot stubs because the property line is 3 feet from the trunk?

If you don't have consent from the owner of the tree to operate on their side of the fence, the answer is yes.

 

[jefflovstrom]

If you don't have consent from the owner of the tree to operate on their side of the fence, the answer is yes.

You would be responsible for damage to the tree.
Jeff

 

[48"BAR PINCHER]

You would be responsible for damage to the tree.
Jeff

I need to invent adjustable branch collars to solve this problem.

 

[jefflovstrom]

I need to invent adjustable branch collars to solve this problem.

:hmm3grin2orange:

 

[treeseer]

You would be responsible for damage to the tree.
Jeff

Yes it would not have to die to get you into trouble. Stubbing off at the line is bad for the tree and bad for business.

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