Trimming legally unclimbable trees

[GrizG]

Going back to the OPs posting... perhaps a two step approach would be best. First send a certified letter requesting permission to climb and prune the trees. Failing an affirmative response to that request follow up with the notice of hazard letter. From speaking with my insurance broker buddy he said it wouldn't hurt to CC your insurance agent/company on those letters.

 

[lone wolf]

I think most of us know a hazard tree when we see it. A 90' tall dead cottonwood with widely spreading branchs, located on the fenceline between two properties would be an example.

I've had that situation, but city code enforcement wouldn't do a damned thing. I recommended the "registered letter" approach, as has been mentioned. The homeowner's insurance advised customer that they should prune out the dangerous limbs at their own expense, or... wait for the branches to do damage, in which they would cover the roof damage and removal of fallen branches from the roof.

I've dealt with insurance companies on houses struck by obviously hazardous trees on abandoned properties. They nearly always pay for structural damage and removal of branches from the structure, less any deductible. They almost never pay for disposal of the fallen branches, nor do they allow tossing the fallen branches back onto the property from which they fell.

Insurance companies, lawyers, and the courts apparently don't like to get involved with proving any liability issues concerning trees. They just allow every property owner to fend for themselves.

I suppose that might change if there was a medical claim from somebody getting beaned by a falling branch.

Different States have different laws regarding all this you must look up the state laws where you live.

 

[GrizG]

Different States have different laws regarding all this you must look up the state laws wher you live.

For sure... There are also local ordinances. Our local ordinances allow for pruning up to the property line as long as the tree isn't compromised in the process. Vegetation along the sidewalks, streets and at intersections all have location and maintenance standards that are geared towards public safety. There is a tree committee involved in street tree planting and removal but much of the maintenance is on the property owners. I've helped the five neighbors around my property with their tree maintenance... pruning and removal.

I chair a transportation related committee in my city. I recently laid the ground work for an initiative to deal with violations of city code regarding vegetation blocking sidewalks and roadways, and causing sight-line problems at intersections. We've got a retired DPW superintendent (several Bay Area CA cities and in CT), a senior engineer for NSYDOT, project managers for major rebuilds of city roads, a county transportation planner, and other knowledgeable people on the committee. When I brought this up every one of them could list vegetation related hazardous conditions around the city. There is a strong interest in undertaking the initiative... and a couple new, young and eager, members that can take on the project coordination.

Perhaps 8-10 years ago I started an initiative to get the street lights repaired. I reported over 350 outages myself over the course of a couple years... The police chief was in attendance at one of the meetings and offered to help. He put out a directive to the force to conduct an outage inventory during their overnight shift. Once the scope of the problem became widely understood the common council approved replacing all the lights in the city with LEDs... it saves money on electric too! Taking the same approach I have no doubt that the hazardous vegetation issues will be resolved... education on property owner responsibilities being a big part of it.

 

[Umbellularia]

How many feet are the closest branches from your roof? I know a picture doesn't always tell the whole story but it doesn't look like they are very close or would risk touching your roof. Can they be reached by trimming them from the roof with a pole saw?

The furthest reaching limb goes 20 feet laterally over the roof. Expect it to grow 2, 3, or 4 feet longer each year. The lowest point above the roof is 20 feet (40 feet above ground.) It angles up from that point. Branches of this species can droop over time as they seek out sunlight.

This species is not know for dropping big limbs. Instead, they rot out at the base and tip over. The practical lifespan is probably 50 years. This is why I mentioned that five of the trees all lean away from me. Thus they are not an "immediate hazard" to me.

 

[jolj]

You can pick fruit & nuts that hang over your fence/ line.
You can trim limbs that hang over your line, you can not kill the plants on the line.
I have sixty year old or older trees on my property lines & I would get a lawyer to explain the law before removing them.
If I had to share with the neighbor, I would try to work something out in writing.
But for limbs on my side or his I would do nothing, just trim & remove.

 

[capetrees]

You can pick fruit & nuts that hang over your fence/ line.
You can trim limbs that hang over your line, you can not kill the plants on the line.
I have sixty year old or older trees on my property lines & I would get a lawyer to explain the law before removing them.
If I had to share with the neighbor, I would try to work something out in writing.
But for limbs on my side or his I would do nothing, just trim & remove.

Over the fence line, they're in your yard. You own the vertical space above you property. You can call them but if she's that nuts, who cares what the response is, just cut to the line

 

[pining_fir_yew]

The homeowner's insurance advised customer that they should prune out the dangerous limbs at their own expense, or... wait for the branches to do damage, in which they would cover the roof damage and removal of fallen branches from the roof.

i'm starting to see more and more clients who report that their insurance companies tell them their coverage will be terminated if they don't pay to remove trees or limbs have been condemned by their agents.

Protection for the local weed tree? Hah! Especially as they harbor the Sudden Oak Death virus. (I'll assert that every last bay tree in town really is carrying the virus.)

You could propagandize the neighbors into joining the Bay Laurel Culling bandwagon. Then they'll pay you to take down the trees. Brilliant plan.

As I said: Access issues, but not insurmountable. However I've never seen any tree services using those lifts anywhere around here.

We had a friend come in and help us with a big job on a forested site with their shiny new Articulating Crawler Spider Lift, it's got some impressive access capabilities. Maneuvering width is just 35" inches which is just...mind boggling. but when you're paying $2000 per foot of working height you better get some mind boggle action.

I would say that they are pretty commonly used in my area...bidding a climbing job isn't how it used to be, that's for sure.

Tho, Spider Lifts have a decent size footprint so if your work zone is tight then climber all day, baby.

 

[jolj]

Over the fence line, they're in your yard. You own the vertical space above you property. You can call them but if she's that nuts, who cares what the response is, just cut to the line

read my post again, calling or seeing a lawyer was for MY trees being removed from the line, not trimming limbs.

 

[Real1shepherd]

States have different tree laws....check with your state. In WA, if the tree is on your property and the limbs extend into your neighbor's verticle space, that part of the tree is his/hers. They don't need your permission to trim it, but you need their permission to trim it on their side. Exclusions are if the tree is dead/dying and is a potential hazard from storms & wind. Also, the neighbor can't try to kill or damage the tree in any way, even if a large portion of the tree is on their side.

I had a 100 yr old Maple on the corner of my property. Its limbs reached out into the verticle space of two neighbors. The immediate next door neighbor said the roots from my tree were ruining her septic system. She admittedly tried to poison the tree with stuff she was putting in her septic tank. I didn't know the tree laws and was new to the neighborhood. A bad storm brought some big branches down on her side and did some damage to her RV/fence. Also fell across the alley onto another neighbor's property. The tree was not providing me with any useful shade on the corner of the property, so I took it down.

The point of the story being I could have sued the neighbor for trying to poison the tree. And/or she could have hired someone to trim the branches on her side because that part of the tree was hers. I think, therefore, it's important to understand the tree laws in your particular state. My homeowner's policy would not cover the damage to her RV & fence.

Kevin

 

[Seachaser]

You can pick fruit & nuts that hang over your fence/ line.

In Georgia, the nuts belong to the tree owner.
(b) It shall be unlawful for any person, without the permission of the owner of pecan trees grown on private property, to pick or otherwise remove any pecans from the limbs or branches of the trees or to cause pecans to fall from the trees. (c) Any person who violates this Code section shall be guilty of a misdemeanor. OCGA § 44-12-241

 

[jolj]

In Georgia, the nuts belong to the tree owner.
(b) It shall be unlawful for any person, without the permission of the owner of pecan trees grown on private property, to pick or otherwise remove any pecans from the limbs or branches of the trees or to cause pecans to fall from the trees. (c) Any person who violates this Code section shall be guilty of a misdemeanor. OCGA § 44-12-241

I would cut the branches that over hang .

 

[Syflan]

You need to know the laws in your area. Some jurisdictions say that the entire tree belongs to the person whose land it is growing on. Others may allow you to trim what is in your air-space.
All I know is Michigan law. In Michigan you can trim overhanging branches as long as you don't step over the property line. There are limitations, though. If your trimming damages the tree, you are responsible for said damages. Also, if the tree damages your property, the tree owner may be liable for damages, but that is a matter for civil litigation... i.e. a headache.
There are multiple, somewhat conflicting, laws in Michigan, thus there is no internet friendly answer (for Michigan). Your mileage may vary.

 

[jolj]

You need to know the laws in your area. Some jurisdictions say that the entire tree belongs to the person whose land it is growing on. Others may allow you to trim what is in your air-space.
All I know is Michigan law. In Michigan you can trim overhanging branches as long as you don't step over the property line. There are limitations, though. If your trimming damages the tree, you are responsible for said damages. Also, if the tree damages your property, the tree owner may be liable for damages, but that is a matter for civil litigation... i.e. a headache.
There are multiple, somewhat conflicting, laws in Michigan, thus there is no internet friendly answer (for Michigan). Your mileage may vary.

That like South Carolina, as for Georgia, I would have to have the WHOLE law in print. The above post may not be word for word.
If it is not, then there maybe loop holes. Pecan trees spread 35-40 feet or more, if they are planted ten feet from the property line, how can one make you leave25-30 feet of your land as is?
Posted sign must be close enough to see on the left or right of each other (17'?) or the signs do not up hold the law in S.C.
Example: One posted sign hang in the middle of a 200 foot long fence does very little in court.

 

[gggGary]

Jeeze you guys make me feel bad, I've spent the last week cutting brush and low tree branches on the neighbors side of the fence lines. No permission asked or given ;^).
BUT we have a 50/50 fence line expense rule, if they complain about my brushing I can make them pay 50% of upkeep on my pasture fence. ;^)
I have two neighbors in a fight like above, but the same issue on MY line with the same guy was resolved peaceably.
He was thrilled that I dropped and removed the ash trees on his property but leaning over mine..

My first question; Was an ATTEMPT made to contact? Perhaps to the husband.

 

[user 188535]

My neighbors have six bay trees (Umbellularia californica - California bay laurel) along our mutual property line. Branches coming over the line are negatively impacting my roof. I need to trim them.

Here's the problem: The woman next door has a psychological/mental condition wherein she refuses requests. Her husband knows to toe the party line. Everyone else here knows not to ask them to do anything with their yard. Years ago further neighbors were unable to get their fifth wheel out our dead end street because my immediate neighbors refused to trim their tree branches growing onto the road. It was only when their own cars starting getting scratched that they trimmed. So: Permission to trim or climb the trees will not be forthcoming.

Trees #1 through #5 lean to the east, i.e. away from me. When they eventually rot out at the base, they won't be my problem. Canopy development of these trees is primarily to the east. Tree #6 leans toward my back yard. Its canopy development is primarily to the west. (#5 and #6 reacted to each other and grew in opposite directions.) Tree #2 is on the property line, so I have some say in it.

Trees #1, #3, and #5 aren't really a challenge. The, um, um, deer and squirrels keep those under control for me. I think I could climb tree #2 from my side of the line. The challenge is deciding what to cut. Tree #4 is the big problem. The offending branches are 40 to 50 feet up. Tree #6 has offending branches from 15 feet all the way to its top. It has both access and strategy issues.

Options:

Bucket truck: It would have to park on a one lane road on a slope. The ground here is dubiously soft. The arm would then need to reach 50+ feet laterally.

Portable lift: The work is on a slope. There are also serious access issues.

Pole saw from the ground: I've cut with up to a 33 foot long pole saw. At these heights, the only option is to cut the side of a branch vertically. This usually results in a pinched blade when the branch starts drooping.

Pole saw laterally while climbing #2: #4 is too far away. #6 is even further.

Ascending straight up a rope hanging from #4's branch(es), staying on my side of the property line: I think the limb is still too small, too far from the trunk.

Tarzan swing while climbing #2: Maybe with a lateral line to an anchor 100 feet away...

Scaffolding: I have some. I could build a tower along the property line, bracing it to the house. And then use a normal length pole saw...

Gadget: Somehow raise a saw up to the branch(es) and operate it from the ground.

---

Any suggestions?

Fly me out. I am an expert in dealing with neighborhood buttholes. Call your insurance company and see if they can work it out. They will do ANYTHING to not have to put a patch over a hole in your roof.

 

[KostasVolos]

Just get one of these





Start cutting those suckers in broad daylight ,with your neighbors watching ,while yelling
" An UFO on the sky ! I got it on camera ! Oh cr@p they are shooting at the trees ! Run for your lives "

I bet it will work .
Who knows ,maybe even your neighbors decide to move to another ,alien-free state ...

Here you are (in case that for a moment you seriously thought about it ).Check out the models of F500 series :

https://www.sptlaser.net/fiber-laser-obstacle-remover

 

[GrizG]

I've been doing a lot of property line tree and brush work in the past month. My parents' property borders problem neighbors. The latest problems are from the NYC area and they bought the house my grandparents built. It is one of 4 my family built on the original piece of property. They don't like all the shade on their yard... shade along the south side of their lot and the north side of my parents' lot. Apparently they don't teach things like where the sun rises, sets and travels to folks in NYC. The guy bought a pole saw and chainsaw and has butchered every tree on their property... smoothing the branch collars around the curve of the trees, and leaving torn bark on branches cut mid-branch. I had a talk with his wife who came over while I was pruning and doing repair pruning along the line. I carefully and politely explained things to her in a way that she fully understood her husband has no clue what he is doing. I brought her over to a maple in our yard and showed various pruning cuts that have been done over the years and how they are in various stages of callusing over... Nothing he cut will ever callus over... dead branches and heart rot are in their future. I plan to smile while it occurs. The other neighbor is the "only care about themselves and their money" bank VP and her bank lawyer husband that I've mentioned previously.

Compare that to the four neighbors that abut my property. I've pruned and removed trees for them over the years and cleaned up storm damage. I spoke with two of them today about the work I was going to do on my property today. I asked if I could take care of a few things I noticed on theirs... dead branches and a few volunteer trees in bad places. Who knows, maybe another box of steaks will show up like last year when I cleaned up storm damage for the dentist next door. It was like 5 minutes of work for me but apparently worth the $100+ of steak he had delivered to my house.

Who knew that tree work also means being a politician.

 

[singinwoodwackr]

My neighbors have six bay trees (Umbellularia californica - California bay laurel) along our mutual property line. Branches coming over the line are negatively impacting my roof. I need to trim them.

Here's the problem: The woman next door has a psychological/mental condition wherein she refuses requests. Her husband knows to toe the party line. Everyone else here knows not to ask them to do anything with their yard. Years ago further neighbors were unable to get their fifth wheel out our dead end street because my immediate neighbors refused to trim their tree branches growing onto the road. It was only when their own cars starting getting scratched that they trimmed. So: Permission to trim or climb the trees will not be forthcoming.

Trees #1 through #5 lean to the east, i.e. away from me. When they eventually rot out at the base, they won't be my problem. Canopy development of these trees is primarily to the east. Tree #6 leans toward my back yard. Its canopy development is primarily to the west. (#5 and #6 reacted to each other and grew in opposite directions.) Tree #2 is on the property line, so I have some say in it.

Trees #1, #3, and #5 aren't really a challenge. The, um, um, deer and squirrels keep those under control for me. I think I could climb tree #2 from my side of the line. The challenge is deciding what to cut. Tree #4 is the big problem. The offending branches are 40 to 50 feet up. Tree #6 has offending branches from 15 feet all the way to its top. It has both access and strategy issues.

Options:

Bucket truck: It would have to park on a one lane road on a slope. The ground here is dubiously soft. The arm would then need to reach 50+ feet laterally.

Portable lift: The work is on a slope. There are also serious access issues.

Pole saw from the ground: I've cut with up to a 33 foot long pole saw. At these heights, the only option is to cut the side of a branch vertically. This usually results in a pinched blade when the branch starts drooping.

Pole saw laterally while climbing #2: #4 is too far away. #6 is even further.

Ascending straight up a rope hanging from #4's branch(es), staying on my side of the property line: I think the limb is still too small, too far from the trunk.

Tarzan swing while climbing #2: Maybe with a lateral line to an anchor 100 feet away...

Scaffolding: I have some. I could build a tower along the property line, bracing it to the house. And then use a normal length pole saw...

Gadget: Somehow raise a saw up to the branch(es) and operate it from the ground.

---

Any suggestions?

SWAT the neighbors?

 

[singinwoodwackr]

Overkill?

View attachment 1039816

Ballistic trimming?

On the realistic side: Me personally, I'd send them a certified, return receipt, letter informing them of the hazards. If and when something does happen they would be 100% liable... This is based on personal experience. Our back property line neighbor had a lot of ash trees that succumbed to the EAB. I took down 50+ ash from my family's property and other neighbors removed many trees... easily numbering into the 100s on that street. The back line neighbor was notified as outlined above and did nothing. When one of their ash smashed our 1 car garage sized shed we submitted a claim with our insurance company along with a copy of the letter and receipt. We let the insurance company handle it... The neighbor was deemed 100% responsible and between the shed replacement, other damage, and tree removal it was expensive... There was no need for us to get directly involved with the neighbors... people who could well afford to have the trees removed.

Actually, a good idea, imo…well, maybe not the help

 

[singinwoodwackr]

I have the same issue with my neighbor. Talked with the township, they don't care as long as I don't do anything to kill the trees. The two out of the line that I would trim the hardest, I would really rather take down as they both have hard leans towards my house and branches have caused considerable damage to my roof. So that left trimming them out of the question. After speaking with my insurance company, they said to get his insurance to cover it, I would need them inspected and a certified letter sent to him stating the hazard tree(s) have been reccomended to need trimmed and or removed to avoid (further) property damage. Which we did. He refused the letter, but from what the insurance company said his rejection is enough, for them to go after his insurance company for damages.

Spike their water supply?