cutting a tree on/near property line

[unclemoustache]

Got a potential customer that needs a tree down, but it's partially on the property line. It's certainly MOSTLY on the customer's side, but only a bit on the neighbor's side.

Any legal stuff to worry about here? How should I go about this? I certainly mean to talk to that neighbor about it, but apparently she's one of 'those' neighbors who's about 25 cards short of a full deck which is mostly jokers anyway.

 

[KenJax Tree]

If its on both properties then by law you also need the neighbors permission to remove the tree. Make sure you get the ok IN WRITING.

 

[KenJax Tree]

If one property owner cuts down the tree whose trunk straddles the property line of the neighbor, the neighbor who gave no consent for the tree’s removal would be entirely within his or her right to file a legal action for trespass and resulting damages against the property owner who removed the tree.

n the event there is a situation where a tree trunk straddles two separate properties and one property owner wants to remove this tree, it is best to have a signed and dated agreement with the other property owner allowing the tree’s removal to prevent any misunderstandings and a possible lawsuit over the tree’s removal

 

[blades]

When the first property owner gets a signed consent agreement from the second property owner, you will be good to go. You are not responsible for acquiring said agreement. A statement from you for the proposed work giving a general description of what will be involved and any remedial work need afterwards if part of the job is all you need provide at present . You will also need a signed contract from both parties detailing who pays what.( this is so you get paid) Do not become the middleman between the 2 unless you have a hankering for small claims court and the like. Heck my neighbor is still ******** about the the 3 100ft tall 60 year old willows the previous owner had taken down ( nothing on his property) just doesn't like the loss of shade they provided in the late afternoon course he is still bitchin about how messy those trees were at the same time. ( and he had no investment in it either) Fact is 4 years ago when I had a the last one removed, there were 4 in total, ( again not on his property) which was into and over hanging the power lines, he complained about that also.

 

[NSMaple1]

Be very very careful...

http://www.theglobeandmail.com/news...nd-a-changed-legal-landscape/article12698935/

 

[mainewoods]

As KenJax stated, a tree trunk divided by a property line of 2 or more people is considered a "boundary tree", which is owned by all parties involved. Consent from all parties is necessary to remove it, by law. All property owners own that boundary tree, and are equally responsible for it.

 

[svk]

As stated this could be messy if it's not in writing. I know someone who's uncle was helping them clean up standing dead from a wooded area behind their house. He accidentally took three DEAD trees off someone else's property and after all was said and done they were in for 10k for legal fees and replacement costs.

If things go south and it's not in writing and neighbor B goes after neighbor A, neighbor A will come after you. Cover your bases before any work is done. In addition to having it in writing, I'd insist on a walk through with both parties to verbally/visually confirm. Can never be too safe these days.

 

[Cheesecutter]

Be very very careful...

http://www.theglobeandmail.com/news...nd-a-changed-legal-landscape/article12698935/

When that tree dies guess whose tree it will be. You can bet they won't offer to pay for 1/2 the removal. I had to pass on a black walnut tree removal last year because although the tree was in one persons yard it was growing at a 30 degree angle over the fence and the neighbor said I couldn't cross the boundary line for any reason. He benefited from the shade it provided and didn't want to lose it. Sometimes you just have to walk away.

 

[Trx250r180]

could always cut it top to bottom first ,and leave their part ?

 

[old_soul]

Got a potential customer that needs a tree down, but it's partially on the property line. It's certainly MOSTLY on the customer's side, but only a bit on the neighbor's side.

Any legal stuff to worry about here? How should I go about this? I certainly mean to talk to that neighbor about it, but apparently she's one of 'those' neighbors who's about 25 cards short of a full deck which is mostly jokers anyway.

Absolutely get her permission and signature on the work order. See if you can find the actual property pin, not where they "think" the line is.

IF you find out that they don't get along, run run run away as fast as you can.

And if you already KNOW she's crazy, why even consider this nightmare.

 

[ShaneLogs]

Just make sure you do it legally..that's all.

 

[Dogsout]

And if you already KNOW she's crazy, why even consider this nightmare.

If you only take away one thing from this thread please reread the above quote.

 

[redfin]

I was the other neighbor in a situation like this about 8 years ago. I had lived in my house for a few years and had a new neighbor move in next to me. Couple months went by and we were chatting in the yard one day about the very large maple that straddled out property line.

He said he would like to have it trimmed due to some limbs starting to overhang his house. I told him we could split the cost to have it done. Never heard another word about it until I came home from work one day and the tree crew was backing the stump grinder to the stump.

I was just in shock. Easy 100 yr old tree. Don't think I was ever as irritated with a neighbor as I was that day. I know I could have sought compensation but I'm really not that type of person. I'm sure he will reap the return of that one some day.

 

[stihly dan]

Get it in writing. I had an oak that the property line went right through. That neighbor does not live at the house, it's been empty for more than 20 yr's. A caught up with him one day as he stops by the place a few times a year to store stuff. I told him that I would like to take it down as it's dropping dead branches on the driveway. We talked, looked at the tree, and came to the understanding that I would take it down landing it in his yard. Which I did, blocked it up, cleaned up the mess, Split and stacked it in the back near the property line. Several months past until he showed up again. He was upset because he thought we understood he wanted the trunk for saw logs. (there was no mention of that in our conversation. Then last winter I moved the stack to get it of the ground. This spring he wanted to know where his split wood was. I told him and offered that he could have it all. He neither accepted our denied the offer, just said he was disappointed. Now The tree was 75% on my property, I cut it down, I cleaned it up, I split it all, I stacked it for seasoning. He thinks It should be his apparently. I may be mistaken, but I don't think so. I think my solution is going to be to cut another oak down at my new scrounge site, the same size. Then muscle 8 ft logs onto the trailer and dump them in his yard. I WISH I HAD WRITTEN SOMETHING UP AND HAD HIM SIGN IT.

 

[066blaster]

I have been in this situation before if you want the job go talk to the neighbor. See if they need any work done, tell them you will give the a discount, or offer some firewood from the tree. Butter them up if there not on board with it. Most of the time neighbors don't get along. Most don't even want to talk to each other. Try to get them on board or they will whine about a piece of saw dust that hit their lawn. Also remind them if the tree blows down they would be responsible for half of the removal cost. So they should be happy the costumer is paying for the entire removal.

 

[unclemoustache]

Absolutely get her permission and signature on the work order. See if you can find the actual property pin, not where they "think" the line is.
IF you find out that they don't get along, run run run away as fast as you can.
And if you already KNOW she's crazy, why even consider this nightmare.

Well, unfortunately there's a bit more to it than meets the eye. The property in question is a rental which my brother owns, and I am the property manager. Our tenant is getting worried about the termites on the tree (I haven't check it to see how healthy the tree is - will get around to it pronto), but there is bad blood between the tenant and the neighbor. The neighbor has always been nice to me, but I've not talked with her for a couple years now, and maybe she'll go bonkers with me as well.

Anyway, tree inspection is first, then verify the property line, then see if my brother is willing to pay me to remove it, then get signed permission from all parties involved. Sounds like an adventure!! I can see a couple more entries to Uncle Moustache Work Pics thread in the near future.

 

[BillNole]

...Anyway, tree inspection is first, then verify the property line, then see if my brother is willing to pay me to remove it, then get signed permission from all parties involved. Sounds like an adventure!! I can see a couple more entries to Uncle Moustache Work Pics thread in the near future.

SIAP, but how did this turn out? Inquiring minds want to know...

 

[STLfirewood]

Are you going to have to rent a lift again? You should just buy mine it's going to be for sale soon.