Neighbour dispute. Any advice?

[treemandan]

Where treemandan? Tell me more. You are not going to ask me to hand out beer are you...just kidding.

That demo brings in many oppurtunities guys. My wife is impressed.

But back to topic , maam. You have to take all things into consideration and there a issues that need to be summed up.
Possibly the tree is a wreck allready and should be removed but for someone that tree might mean a lot . The 'owners' of the tree might just want to be hard. Whatever.
If you think you have a cause, well then pursue by all means but do it right.
working together is probably going to be required for MR. A and B and if you think there is going to be a ripple that will tip you over then get the F out!
As you can see we get entertained quick, so if you can( I can't) post pics and let us know. I didn't exactly mean entertained in like we think its funny but more like "we will entertain this notion".

 

[Sapling]

Thanks everyone!
I guess the main thing is to be on both sides. I have every intention to speak to both people involved. It is not always fair to take sides. Removing a beautiful tree if there is no just cause is always a sad thing. But on the other hand new development in these old inner city neigbourhoods is inevitable and sometimes we take out perfectly good trees for the developers (when on their property) so that they can make a buck (or many bucks as is the case around here these days). The tree owner needs to be informed as to what may potentially happen to her tree due to the construction damage next door. The more she knows the better she will be suited to make a decision regarding her tree. I will step lightly and act as a source of information to these people. And yes TomTree, I get what you are saying and I agree. It is always best to have things in writing which is why I mentioned earlier.... documentation. I am aware of some of the general laws related to neighbour disputes in my city and none of the above information I have discussed was speculation. Believe it or not...I do kinda have a clue what I am doing.
Thanks again everyone!

P.S. Has anyone read Arboriculture and the Law and is it worth purchasing?

 

[forestryworks]

the law here is whoever's side of the fence the trunk is on... it's that person's tree... and you have no right at all to cut anything back to the property line...
if you do, the tree owner has every right to sue...

 

[masterarbor]

the law here is whoever's side of the fence the trunk is on... it's that person's tree... and you have no right at all to cut anything back to the property line...
if you do, the tree owner has every right to sue...

in ohio, anything that hangs on your property can be vandalized.

 

[juststumps]

this is some new jersey law from a lawyers site,, hope it helps..

http://www.njlawblog.com/2007/06/ar...ing-tree-branches-and-encroaching-tree-roots/

 

[zopi]

Ummm...nobody has poked this in...but...what is your interest exactly?

to keep them from getting into it over a tree?

my advice: stay out of it.

ever interrupt a couple of cats fighting?

they will turn on you...then go back to fighting..upshot..you lose twice....

 

[juststumps]

another one...

http://www.uslaw.com/library/article/TNPPropertyCol0725.html

 

[046]

all these laws posted mean very little for you. unless they are for your specific jurisdiction.
stating the obvious... Canadian laws could be completely different than US laws..

since you are splitting the finer points. it would help to find exact laws that dictate rules for trees. note sometimes case laws determines how things fall.

a local attorney that's done this before is who you need to consult with.

that said... if possible, personally I'd stay the h*ll out of this mess brewing...

 

[A. Stanton]

I would say Neighbor A can do anything he wants on his property. However, having said that, and I'm no attorney, I would advise him to check his local regs for set-back requirements. My thinking is that if he imperils Neighbor B's tree by digging deep near her line, without regard for the "set-back area," he may be liable for that tree dying.

 

[(WLL)]

looks like the tree is tresspassing. but things like this can go either way,im sure the judge will decide.who ever planted the tree should have did some better planning and this would have ben avoided. i feel the property owner should be responsable for his property:deadhorse:

 

[squad143]

I would suggest that you contact the Town/City in which this problem exists and find out what their Bylaws are in regards to your questions. Each region has different rules. Ask the local civic employees, they are the ones who will know what the rules are for your area. Good Luck.

 

[Sapling]

Just an update......

Neighbour B is still being very difficult and doesn't want her tree touched. The house has been demoed and construction will begin shortly. I have been in touch with neighbour B's Arborist and we both agree that these people are both very strong headed and are not making it easy on one another. They have agreed to go to mediation and talk about it.

And so that you are aware, the general rule around here is that you can cut a neighbouring tree back to the property line as long as you do not cut off so much that you cause the death or decline of that tree. As I have already stated, I am more concerned with the ground disturbance and the root damage. The tree already has a slight lean toward neighbour A's property and I have been forwarding information to neighbour B so that she is aware of potential problems. I am pretty much done with this.....I have chosen to watch from afar. I will inform as to potential issues associated with construction, etc but if the tree falls over onto neighbour A's property during construction or the tree dies in 5 years because of damage...oh well. I warned her. I cannot predict the future. They will have to go to mediation and talk it out.

 

[squad143]

You're much better off to have chosen this route from the sounds of things. Usually when things get ugly, nobody wins.

Glad to hear the parties have gone to mediation. There might be some hope to their future as neighbors... but I doubt it.