Neighbor wouldn't allow Oak Leader to be cut past property line, tree may die?

[demomike]

Hello,
My neighbors (red?) oak tree overhung my property and was dropping dead branches so I had a tree service come cut them but my neighbor wouldn't allow it to be cut past his property line due to spite, but I digress. There is nothing left on the leader, no branches etc, it is just a 12' limb about 12-15" in diameter sticking out of the main leader at about a 45 degree angle. My question is will it:

a. sprout new branches?
b. die and fall off?
c. remain like that forever?
d. whole tree may die?

I had a few tree services come before having it done and they all suggested cutting it all the way back to the main tree, but I am not sure if it was for aesthetic reasons only. I honestly only care if it sprouts more branches since I will be back to square one.

Thanks!

 

[ElevatorGuy]

It will sprout new growth.

 

[mikewhite85]

It will look ugly and definitely sprout new growth.

While heading cuts like yours are not advisable, cutting back such a large limb to the main trunk would certainly provide a space for rot to set in the main trunk, which would be more likely to compromise the tree long term.

so...
a. sprout new branches? yes
b. die and fall off? improbable but possible
c. remain like that forever? no
d. whole tree may die? unlikely if the tree is in current good health

 

[Del_]

Hello,
My neighbors (red?) oak tree overhung my property and was dropping dead branches so I had a tree service come cut them but my neighbor wouldn't allow it to be cut past his property line due to spite, but I digress. There is nothing left on the leader, no branches etc, it is just a 12' limb about 12-15" in diameter sticking out of the main leader at about a 45 degree angle. My question is will it:

a. sprout new branches?
b. die and fall off?
c. remain like that forever?
d. whole tree may die?

I had a few tree services come before having it done and they all suggested cutting it all the way back to the main tree, but I am not sure if it was for aesthetic reasons only. I honestly only care if it sprouts more branches since I will be back to square one.

Thanks!

You may end up being held libel if the tree dies or shows significant damage due to the damage you hired someone else to do.

You better keep their insurance information.

Removing dead limbs is allowed and so is trimming live if it is interfering with your property but just cutting back because it overhangs can get you in legal trouble.

 

[SS396driver]

You may end up being held libel if the tree dies or shows significant damage due to the damage you hired someone else to do.

You better keep their insurance information.

Removing dead limbs is allowed and so is trimming live if it is interfering with your property but just cutting back because it overhangs can get you in legal trouble.

Never heard of that. Here I can legally cut anything overhanging my property .

 

[Del_]

Never heard of that. Here I can legally cut anything overhanging my property .

If bad cutting damages the tree you can still cut it, but I bet you can still be held liable.

 

[SS396driver]

If bad cutting damages the tree you can still cut it, but I bet you can still be held liable.

Nope . Now if I put a herbicide on it then yes but just cutting the overhang ,no

 

[Del_]

Nope . Now if I put a herbicide on it then yes but just cutting the overhang ,no

OK.

I wonder why the difference between putting a herbicide on your side of the property line and killing the tree differs from you butchering a tree on your side to the extent that it dies is?

 

[SS396driver]

OK.

I wonder why the difference between putting a herbicide on your side of the property line and killing the tree differs from you butchering a tree on your side to the extent that it dies is?

Intent

 

[Del_]

Intent

You could easily damage your neighbors tree with broad leaf killing lawn herbicides if you didn't know better.

You would have no 'intent' to do so if done out of ignorance.

Except now that option is not open to you I guess because now you know!

I view the hacking of major tree limbs as being done out of tree hate, or out of ignorance, or a combination of the two.

I get the feeling the way the opening posts here goes on that this was as much a 'spite' prunning as it was anything. Then blaming the tree owner for not letting his hired what I'm going to call 'hack' arborist not cross the property line to continue his hacking.

 

[SS396driver]

Without pictures your assumption that it’s a hack job has no merit . The intent is that a person know herbicide kill plants indiscriminately, pruning usually does not

 

[Del_]

Without pictures your assumption that it’s a hack job has no merit . The intent is that a person know herbicide kill plants indiscriminately, pruning usually does not

The diameter of the live limb at the property tells me that is is most likely a hack job.

And the "arborist" wanted to go further to the trunk, which is almost certainly a 'hack' move.

I noticed that we didn't get any photos. I'd love to see before and after.

 

[Agrarian]

I get the sense the spite runs both ways. Since the tree belongs to your neighbor, technically so do the branches. Why was it so important to cut the tree versus simply throwing (ahhh giving back) the branches on your neighbor's property? I have red oaks, yes they shed branches occasionally but it is not like watching leaves fall. This couldn't that been that big a problem.

 

[ZinTrees]

I get the sense the spite runs both ways. Since the tree belongs to your neighbor, technically so do the branches.

not the case in TN, not sure about MA where OP is posting from tho
here, you own any part of any tree that crosses your property line, however you cannot remove enough off a "boundary tree" that it would otherwise harm the tree, unless the "stump" grew on your side of the property line (I.e your tree has limbs over the neighbors house, you can remove anything you want on yours, BUT the neighbor can only take off enough to maintain the trees health)

message to OP



also a message to OP
what is your local "tree law"? if the neighbor sues for damages should the tree die, the courts may claim the tree added lots of property value, along with being valuable on its own and you may be on the hook for tens/hundreds of thousands, despite only cutting whats on your side

 

[Agrarian]

not the case in TN, not sure about MA where OP is posting from tho
here, you own any part of any tree that crosses your property line, however you cannot remove enough off a "boundary tree" that it would otherwise harm the tree, unless the "stump" grew on your side of the property line (I.e your tree has limbs over the neighbors house, you can remove anything you want on yours, BUT the neighbor can only take off enough to maintain the trees health)

message to OP

I understand all that and the law is similar here but has nothing to do with the point I was trying to make. If the dead branches bother the OP, he could give them back to the neighbor to deal with by tossing them a few feet. I didn't read anything that said that the tree's limbs were posing a health or safety concern, only that they didn't like the dead branches falling on their property.

And I still feel there is more going on here than a petty dead branch issue.

 

[demomike]

Thanks for the responses! I'm hoping it doesn't grow back but at least I don't have to worry about limbs destroying my fence etc or my kids and dog getting hit. These weren't just sticks falling, they were large limbs/branches.

The tree cutter recommended to my neighbor that it be cut back to the trunk but he said no. A couple companies that gave me quotes said it should be also, one even said they had to or the tree could die so I got mixed info.

 

[ZinTrees]

The tree cutter recommended to my neighbor that it be cut back to the trunk but he said no. A couple companies that gave me quotes said it should be also, one even said they had to or the tree could die so I got mixed info.

cutting back to the bark collar is standard practice, however on a limb this big I doubt it seriously matters, trees screwed up now anyways
the correct answer is remove the whole tree if you are taking off limbs that size, but we all know that wont happen
still need pictures, we cannot help anything off a simply description, all we can do is guess

 

[demomike]

Here is a quick pic. It doesn't look good but it's much better than it was

 

[ZinTrees]

yeah thats gonna get water sprouts, so will the 2 cuts above it, probably rot out in short order and fall on the fence in a few years

 

[TNTreeHugger]

Here is a quick pic. It doesn't look good but it's much better than it was

Is that fence on the corner of your property line?
My guess is that tree is dropping limbs because it's dying.
What about that tree next to it, on the left in the photo? Is it not dropping limbs also?