Classic neighbors tree hanging over my yard deal

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JNap

ArboristSite Member
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Dec 25, 2012
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Location
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So I just bought a house (bucks county, pa)and in the back corner of my property (where I would like to park my trailer) my neighbor has a tree over hanging the property line and this tree is ready to go. So I'm calling on help from the pros that deal with this daily and also the landowners that have had similar situations. I just bought the place and don't want to start things off on the wrong foot with the neighbor but at the same time I don't want to get screwed when it does go down. Here's a few pics for your reference and scale.
 
Doesn't look 'ready to go' from here.


Park your trailer somewhere else.

Hard to see the detail in the pics but about 1/4 of the tree is down in the neighbors yard (no chainsaw marks) and when I first looked at the house there weren't tree limbs in the neighbors yard and there also used to be an evergreen about 8' wide and 8' tall planted behind my truck that somehow disappeared around the same time their yard filled up with limbs and branches. . . .
 
I'm with Del_ better pics & more info is needed.

Thinking you want the tree to go away?

In the real world (most of the time) it comes down to who is going to pay.

Step one, talk to the neighbor about the tree. Find out if he cares less about it or it's his favorite shade tree.

Step two, depending on new info.
a) See if he will bite on removal if you fund part or all.
b) Ask if you can have your side professional pruned back without harming tree health.

If answer is no & no keep your new neighbor as a friend even though you may have rights to your air space. That's why you have insurance. Live in peace & pick your battles you are new to the neighborhood.
 
The tree looks like it could use a little pruning, but I don't see it as a hazard from what I can tell in these photos.

I second that you should talk to the neighbor first. Probably the best thing to do is offer to pay to have the tree pruned by a pro, and have the arborist prune out anything hanging low on your side and anything that might potentially be a hazard. Doesn't look like a big job, shouldn't be too pricey. I'd think you neighbor would be OK with that.

In some states the law would allow you to do whatever you want with any branches coming over into your side of the yard. I don't know if that's the case in PA, but it's not a good way to make friends with the neighbors.
 
Park your trailer there. Nothing in that tree is going to hurt it. Unless it died last year, that tree's not going anywhere any time soon. The debris is probably normal "never been pruned in it's life" shedding.

"Dwell peaceably with all men…if possible"
 
Do you see the holes in several main limbs? I see silver maples like that all the time. I guarantee that big limb hanging over the truck is hollow. One good ice storm can bring it down. But having said that, I agree with Raintree. Have it trimmed/taken down peaceably if possible, if not let it go and don't park near it. Constant war with neighbors is draining and will make you miserable the entire time you live there.
 
IDK Pennsylvania law but in Minnesota you can cut anything over your property line if you're that worried.
From the picture it doesn't really look bad, but I'm not in the yard looking at it.
Check the local laws, like I say, here you can cut anything over the property line, the flip side is, if it falls on your side of the property line, it's your problem.
 
Ahhhh the classic topped silver maple. I thought we only had those in Ohio......

But it has been pruned, and not very well. you can see where they made the cuts. Would guess 10-12 years ago.

IF it makes you feel better, you can have it trimmed and head those long leads back. But i wouldn't worry about it being "ready to go" It will shed limbs much sooner then the whole tree falls.....

Money wise, it would cost as much to trim it, as take it down, so if you can get the neighbor to pay half then go for it. If he objects, it's not in bad enough shape to fight over. In my humble opinion.

Good luck either way.
 
Good advice so far. this is a non-issue. An arborist with a pole saw/pruner could lighten the sprawl to help it look better.

The holes in the stems are from hack pruning. the woundwood around the holes shows the tree is compensating for the hollows, and then some.
 
Why is it that that some kind of people act like they have some sense then go park their car right under the damn thing?

And I was also thinking that it really isn't so good to be living so close to one and other is it? I mean a lot of people say they are pyschologically sound because they can deal with it but are they really?
 
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If the neighbors tree or limb falls on your truck who pays for the tree clean-up and who pays for the truck?

I'm probly wrong, because apparently I'm crazy, but I think it would be a technical case of his property damaging your property. You could present it like that; the "cheaper to cut it down than have it fall down" approach, but if money and pride are tight, Them's Fightin' Words.
 
Thanks for the advice guys. I definitely not interested in pissing off the neighbor so I'm going to tread lightly here after I get a little more info on how these things usually play out. Got a call into my insurance agent who covers my homeowners and auto so I should have those questions answered soon. I definitely overstated the condition by saying the whole tree was ready to go, I'm confident the tree is in "safe" shape it's the large limbs that have me concerned and that's why I meant to reference by saying "ready to go". The limbs laying in his yard that are about 10" diameter 20' long are causing my concern.


Doesn't look 'ready to go' from here.


Park your trailer somewhere else.

----I would like to use my property as I see fit without having to worry about my neighbors property falling onto mine or dictating how i use my property. If I could afford the land and the drive time/fuel cost I'd have a few acres with no neighbors to worry about!

Why is it that that some kind of people act like they have some sense then go park their car right under the damn thing?

----truck was not under the tree as much as it was forward of it and was only parked in that location to help with the scale of the tree.
 
If the neighbors tree or limb falls on your truck who pays for the tree clean-up and who pays for the truck?

I'm probly wrong, because apparently I'm crazy, but I think it would be a technical case of his property damaging your property. You could present it like that; the "cheaper to cut it down than have it fall down" approach, but if money and pride are tight, Them's Fightin' Words.

In PA, if your neighbors tree falls on your house, truck, or even property, its your responsibility. Most times, your home owners insurance wont pay anything unless it falls on a stucture. I would imagine if it falls on a vehicle, the vehicle insurance would pay for it. Most times that I have ran into trees falling from on persons property to anothers, the guy that owned the tree paid to clean it up, trying to be a good neighbor. But per PA law he doesnt have to, if he wants to be a crappy neighbor.
 
Thanks for the info guys. Talked to my insurance guy and there is no clear definition when it comes to insurance coverage
 
The part of the tree that is on, and over hanging his property, is his responsibility, the part of the tree that is hanging over your property line is your responsibility, and you can prune the branches hanging over your property line. I just watched a case on judge Judy LOL.
I have to laugh when i see these property line issues from people that live in town, or the city. 6" is a big issue, your tree is 4" over my line.
I live on a farm and can't even see my neighbor's house.I like it that way.
My sister lives in langhorn, I think that's in Bucks co?
I lived in levittown when i was a kid (Blue Ridge) My dad would tell my stories, and show me pictures of when Bucks co was all Farm Land. it's hard to imagine, the way it's developed now.
 
I would reccomend reading Arborculture and The Law by Merullo and Valentine. Chapter 3 sites some very specific court cases that can be referenced regarding encroachment and property rights. The main thing is that you can't cut the tree in a way that would eventually harm the tree. If you pruned to much and the tree died or became unbalanced and fell then you could be liable.
 
meh, too much over thinking. just go and knock on his door and talk to them about your concerns. you'll get your answer pretty quick on what type of neighbor you have. better to find out early on what type they will be. just ask if he'd have a problem with you trimming the limbs back over the fence.
no point reading up on varius and vague "laws". get in touch with your own municipality and see what they say after you talk to your neighbor.
 

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