mbeach
New Member
There are several trees on my neighbors side of the fence which have limbs hanging over my house and yard. Do I have any legal right to trim the branches that are hanging over on my side of the line?
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Is it legal?
- Thread starter mbeach
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Ah, the touchy subject of the neighbor's trees!
In a word: Yes. Your neighbor's rights in his tree end when they cross your property - the tree is, in essence, tresspassing. You do not have to accept his tree's presence on your property, and you may eject them as you could with any other trespasser. This applies to limbs as much as the roots that lift up your driveway or get into your drains. That having been said, diplomacy may be the better route than simply hacking his tree's limbs when the neighbor is not home...but I'm sure you already knew that, but I had to get that disclaimer in anyway.
If you are concerned about the tree limbs, you are within your rights to carefully, safely cut them in a fashion that does not harm the tree. You will be liable for damage to the tree if you cut it without exercising reasonable care - if you use your dirty old saw and give the tree a disease, for example.
In a word: Yes. Your neighbor's rights in his tree end when they cross your property - the tree is, in essence, tresspassing. You do not have to accept his tree's presence on your property, and you may eject them as you could with any other trespasser. This applies to limbs as much as the roots that lift up your driveway or get into your drains. That having been said, diplomacy may be the better route than simply hacking his tree's limbs when the neighbor is not home...but I'm sure you already knew that, but I had to get that disclaimer in anyway.
If you are concerned about the tree limbs, you are within your rights to carefully, safely cut them in a fashion that does not harm the tree. You will be liable for damage to the tree if you cut it without exercising reasonable care - if you use your dirty old saw and give the tree a disease, for example.
mbeach
New Member
Thanks . . .
Your response agrees with what everyone else has told me, but I cannot find any ordinance, by-law, etc. that ensures my legal right. I am trying to be a good neighbor by consulting and paying for an Arborist so that the work is done properly and does not harm the tree. In return the neighbor has erected a tree house (in the same tree) which is within a foot of the property line, talk about passive-agressive! I was not consulted on the tree house and there was no permit for the work to be done . . . okay, off my soap box. Thanks for the reply!
Your response agrees with what everyone else has told me, but I cannot find any ordinance, by-law, etc. that ensures my legal right. I am trying to be a good neighbor by consulting and paying for an Arborist so that the work is done properly and does not harm the tree. In return the neighbor has erected a tree house (in the same tree) which is within a foot of the property line, talk about passive-agressive! I was not consulted on the tree house and there was no permit for the work to be done . . . okay, off my soap box. Thanks for the reply!
Newfie
Addicted to ArboristSite
A competent arborist in your area will know what the particular laws are and how to work within the legal parameters to achieve your goals.
There are several past threads about this; here's one:
http://www.arboristsite.com/showthread.php?t=19052&highlight=neighbor+trimming+legal
http://www.arboristsite.com/showthread.php?t=19052&highlight=neighbor+trimming+legal
Ekka
Addicted to ArboristSite
How about a picture of The Tree House ... that'll be good to see. 
And by the way, anything that grows over my fence gets the royal chop unless its passionfruit.
And by the way, anything that grows over my fence gets the royal chop unless its passionfruit.
mbeach said:
Your right is a component of common law property rights, and as such are not codified in most jurisdictions. Rather, they are one of the "bundle of rights" that comes with the ownership of property, specifically the right to exclude. Were you to wish to find specific precedent in your jurisdiction that deliniates and explains the scope of your rights in this matter in the eyes of the courts of your state, you would want to look to judicial opinions from the courts of your state. As you might imagine, this is more involved than simply looking up state and local statutes, especially if you don't have a law library nearby and don't have the time to learn how to do legal research. Thankfully this is a pretty straightforward situation where your rights are clear.
Sounds like you have a real charmer of a neighbor. It also doesn't sound like you are going to "win" in this matter - he's not going to be happy no matter what you do. Luckily you're taking the necessary steps to, should he get his shorts in a bunch, be in the right in this matter!
BlueRidgeMark
Addicted to ArboristSite
computeruser said:
Yep. If it's codified, it would probably be in your real estate statutes.
mbeach
New Member
Thanks . . .
I appreciate all the responses, I have read each one carefully which is helping me build my case.
I do not have any pictures as yet, but not a bad idea. I will post when I get them. The trees are in my opinion "weed" trees, the obvious result of not cutting back the sucklings when they pop up. The species is Norway Maple.
I appreciate all the responses, I have read each one carefully which is helping me build my case.
I do not have any pictures as yet, but not a bad idea. I will post when I get them. The trees are in my opinion "weed" trees, the obvious result of not cutting back the sucklings when they pop up. The species is Norway Maple.
"Weed" is a very subjective term; just because these were planted by wind or critters does not affect their contribution or their value, or their liability. Would you want less to cut the branches if the tree was planted by a human? Why? I'll ask again:mbeach said:
"Why do you want to trim the branches?"
Bake some cookies and go over and talk to these people. Break the ice.
Pictures are easy to post here.
Tom Dunlap
Addicted to ArboristSite
Property line treees account for more consulting fees and court costs than any other tree-related issues.
If you decide to follow the advice of arborists instead of lawyers you'll end up talking to the lawyers in the end. Be careful!!!
If you decide to follow the advice of arborists instead of lawyers you'll end up talking to the lawyers in the end. Be careful!!!
Ain't Necessarily So, Mr. Touchdown. If you follow the advice of a lawyer you may be more misinformed than by an arborist. Many shysters are clueless. :alien:Tom Dunlap said:
I once trimmed a declining sourwood that started from one yard then hung over my client's tomato patch. (Knocked on door beforehand, no one home) I pruned it back to a vigorous upright, the best thing that ever happened to that tree.
The owner of the trunk was a lawyer; he cam home just then and started screaming bloody murder that I dared touch "his" tree. I calmly told him that my client owned the earth below and the sky above; no dice. I then referred his concerns to my VP of Customer Relations, my Queensland Blue Heeler dog with a winning personality. This did not cool the lawyer off, so I offered him discounted consulting services if he sought to get a refund from his law school, which so obviously failed to teach him spit about property law.
I love edjerkating idiot lawyers; never heard boo from that one again.
But I wish he'd have been home to answer the knock, and avoid the conflict.
When in doubt, Be Nice!
Tom Dunlap
Addicted to ArboristSite
But, my friend,you proved my words right.
You listened to the arbo, yourself, and ended up talking to the lawyer, with a deficient degree
You listened to the arbo, yourself, and ended up talking to the lawyer, with a deficient degree
darkstar
ArboristSite Guru
hey treeseer i have a charming blue heeler as well charming and a down right terror .... i like to leave a 10$ spot on my truck console for little snipper to steal .... awww and aint she cute ...till they stick their hand in my truck window .....OUCH THEY BE RUNNING LIKE A SCARED MONKEY ..... all to my amusment ... course i could get in trouble ...but she does have her shots hehe
Tree Wizard
ArboristSite Operative
Tom D is right! If we are to work on neighbor's trees, we get a signed release from the neighbor (it is our clients job to get it, we supply the form) that states exactly what we are going to do. No signed release, we don't do anything to tree.
As far as what you can and cannot do straight up and down on the property line is open to Courts' interpretation. More and more courts around the country are starting to lean toward not being able to harm the tree. I have been the "expert witness" for two clients whose neighbors whacked (or hired the whacking) on their trees up to the property line. One client prevailed, one didn't.
As to jerk and misinformed lawyers - I know more jerk and misinformed tree people than I do jerk and misinformed lawyers. Of course, I know a lot more tree people so the percentage may be about the same.
Arborists' jobs are to inform the client on the health, viability, structural integrity, etc. of their trees. It is not to give legal advice. If lawyers are charging your client $200 an hour plus for legal advice, why would you want to give them legal advice for free? Do you want their lawyer giving them tree health advice?
As far as what you can and cannot do straight up and down on the property line is open to Courts' interpretation. More and more courts around the country are starting to lean toward not being able to harm the tree. I have been the "expert witness" for two clients whose neighbors whacked (or hired the whacking) on their trees up to the property line. One client prevailed, one didn't.
As to jerk and misinformed lawyers - I know more jerk and misinformed tree people than I do jerk and misinformed lawyers. Of course, I know a lot more tree people so the percentage may be about the same.
Arborists' jobs are to inform the client on the health, viability, structural integrity, etc. of their trees. It is not to give legal advice. If lawyers are charging your client $200 an hour plus for legal advice, why would you want to give them legal advice for free? Do you want their lawyer giving them tree health advice?
happycamper
ArboristSite Operative
I belive you have the right to trim whats on your side
but you must not dammage the tree and or kill off the tree if you
do that you could be in real hot water
posible law suit
so please be care full
this is what I would do
hire a tree service to trim the tree
so that keep you out of possible trouble
with the law if something goes wrong
but you must not dammage the tree and or kill off the tree if you
do that you could be in real hot water
posible law suit
so please be care full
this is what I would do
hire a tree service to trim the tree
so that keep you out of possible trouble
with the law if something goes wrong
treewizard I agree with what you say; the release form is a good idea for a contractor. in this case the owner wants to do the cutting himself, but the principle of getting agreement still is a very good one on any shared tree.
camper, even in lebanon I'm not sure that you can pass off all the responsibilty to a contractor. That would not likely help much in US (that is not legal advice)
camper, even in lebanon I'm not sure that you can pass off all the responsibilty to a contractor. That would not likely help much in US (that is not legal advice)
rfwoodvt
ArboristSite Operative
It is the Common Law thing. If it is not codified it makes it very difficult to set specific precedent, or cite one.
First rule of thumb is "Do No Harm." If you do prune back the overhanging limbs, do it right!
Second rule of thumb, don't cross the property line! So if you can't prune it right on your customer's side don't prune it!
That said, common law provides for your relief from encroachment, so you can prune the branches that poke you when you mow.
But if there are apples hanging from those branches...they're not yours, you cannot take them. That is until they fall to the ground, then they are your's and not your neighbor's. So, while they are hanging, you can't touch them and once they fall, you cannot make your neighbor clean them up.
So, now that we have cleared the muddy waters to a hazy soup, what are your client's rights?
Bottom line is that nobody here has taken an issue to court to get a legal precedent set. Without precedent, there is no clear direction to take.
Be friendly with the neighbors, get their permission, preferably signed.
All of our contracts have an indemnity clause where our client asserts ownership rights or having secured legal permission to work on all trees specified and that they will defend us and pay all legal costs arising from any disputes. While this may not protect us much, it makes our customers pause and get the permissions they need.
By the way, we always keep our eyes open for the potential boundary tree or encroaching tree. If we see one, we'll tell the customer we need their neighbor's consent before we begin.
Above all, don't upset the neighbor, thou you don't live there, your customer does, and you want to be invited back for good reasons, not bad.
Oh Yeah, in parts of California....If your neighbor's tree (on the other side of their lot) blocks your light...you might be able to exercise a legal right to force them to remove it.
So much for property rights!
First rule of thumb is "Do No Harm." If you do prune back the overhanging limbs, do it right!
Second rule of thumb, don't cross the property line! So if you can't prune it right on your customer's side don't prune it!
That said, common law provides for your relief from encroachment, so you can prune the branches that poke you when you mow.
But if there are apples hanging from those branches...they're not yours, you cannot take them. That is until they fall to the ground, then they are your's and not your neighbor's. So, while they are hanging, you can't touch them and once they fall, you cannot make your neighbor clean them up.
So, now that we have cleared the muddy waters to a hazy soup, what are your client's rights?
Bottom line is that nobody here has taken an issue to court to get a legal precedent set. Without precedent, there is no clear direction to take.
Be friendly with the neighbors, get their permission, preferably signed.
All of our contracts have an indemnity clause where our client asserts ownership rights or having secured legal permission to work on all trees specified and that they will defend us and pay all legal costs arising from any disputes. While this may not protect us much, it makes our customers pause and get the permissions they need.
By the way, we always keep our eyes open for the potential boundary tree or encroaching tree. If we see one, we'll tell the customer we need their neighbor's consent before we begin.
Above all, don't upset the neighbor, thou you don't live there, your customer does, and you want to be invited back for good reasons, not bad.
Oh Yeah, in parts of California....If your neighbor's tree (on the other side of their lot) blocks your light...you might be able to exercise a legal right to force them to remove it.
So much for property rights!
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