[quote="beastmaster, post: 4605149, member: 11550"
I won't do it. I'd rather remove it then mangle it more. I'm not clear on the law, though I know they can trim their side, I'm not sure they can harm the tree in a way that would kill it.
Going to be an interesting day.[/quote]
Generally, they can take anything over their line, up to the horizon. Unless, it is detrimental to the over all health of the tree. If they do...........do it, and the tree dies as a result, they can be held responsible for the cost of replacement or 3 times the cost of the tree. I know there are small tweaks here and there, but everything I have read about this subject has all been pretty much the same. I think in Cali, it is even more stringent. Up, kinda close to u. In Fallbrook or Temecula, My Jr Sales Arborist at big green (whom I set up to take over the territory after I left and is, from what I understand, rocking it, like I new he could) had a deal where he was the consulting Arborist in a case like that. Owner loved them, neighbor hated them. If I remember right, the party who removed a few trees with out permission, paid dearly. The trees where there before the houses, but to replace them with a few 48" box podocarpus , they had to remove a 6ft block wall and use a crane to get them in from the street. Cant remember the exact figures, but think it was around 40g's! I may have the details wrong, but know it was up there, may have been more. Not sure if they got the job, but know we billed like 4-5gs for the total consultation. Took a lot of time for him to get to the bottom of it all. The HO didn't care, didn't care about the cost of the replacement even if he lost. He wanted to smash the company that did it. Felt bad for whoever it was, as they where hired by the neighbor and thought that they where on his property when they did it. Neighbor new better, but had them do it anyways and of course didn't step up and do the right thing. The HO couldn't go against the neighbor for some reason, think that is was maybe a cash deal, so all the hate and discontent was aimed at the tree service. Again, may not have all the exact facts right, but close enough, it was really bad. It was during my departure prep time, so I had bigger things on my mind at the time.
I will not do this work anymore. Have seen it go bad too many times. If the owner of the tree is cool, then so be it, but if they have the slightest doubt, I pass. I always make both parties sign at the same time, so that way I know they are on good terms. I have seen this issue rip a "good neighbor" relationship to threads and no matter what part you played, one hates you and one loves you.
