Jump to content
[[Template core/front/custom/_customHeader is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]]

Trees growing over property lines


Big Country
 Share

Recommended Posts

Here's the deal:

 

In my backyard we have some trees along part of the property line. They hang over the fence so some branches go over into a neighbors yard.

 

I am fairly certain that the law is that anything that hangs over is the responsibility of the person whose yard it is, not the prson where the tree is rooted. However, I checked my county's website for information and couldn't find anything regarding this. Maybe I need to find a listing of state real estate codes or something.

 

The reason I ask is this:

 

Our neighbors have asked us to have the trees cut back as they wish to place a playset in their backyard where the trees hang over.

 

The trees also grow near the power/telephone/cable lines. We have contacted the power company, who came out and said that as the trees are not up to the power lines yet they would not do anything. If they were in the power lines, they would cut them at their expense. We also contacted the phone and cable companies who bth said that they would not do anything. We have had a couple of tree services come out ot provide quotes. All come in at about $500+ just to trim the parts tha hang over into the neighbors area, and not do anything about cleaning up any part of it that is in our yard. One of the services is the one that told us that it is not our responsibility, and if we did cover it we were just being very nice neighbors.

 

I have no issue going halves or something to cover the cost of clearing up the trees from the neighbors yard, but, part of me, with our litigious society, does not want to pay for part of this and have it ome back as being used as some sort of admittance of liability if the trees somehow damaged the neighbors playset.

 

Now, assuming that the tree service, and several other people we have spoken to are correct that the branches that hang over are not our responsibility, and I can find the appropriate law/cose to cite, I am thinking that it would be in my interest to come up with a letter that states that we are willing to pay for half despite no legal obligation to do so, and that i so doing we are not admitting any liability for damage done by the trees in the future. Also, we accept no responsibility, liability or financially, for the future upkeep of the trees.

 

SO, my questions are:

 

1. Where would I most likely find law/code information that covers tree branches crossing over property lines?

 

2. Is it wise on my part to craft such a letter if we are willing to take on some of the financial burden of the cost of removing the trees to make it perfectly clear that we do not accept any future liability pursuant to any code/law we are able to cite?

 

Has anyone had to deal with this kind of a situation, and if so, what was the resolution you came to?

 

Also, assuming I am correct in that I have no legal liability to pay for the tree trimming, any Huddle lawyer willing to look over the letter I come up with, assuming I go that route, to make sure I have properly covered myself?

 

THanks in advance.

Link to comment
Share on other sites

  • Replies 54
  • Created
  • Last Reply

Top Posters In This Topic

Before you go into all of this, have you just told your neighbors in a friendly way that they can go ahead and trim the trees back as they see fit? (Perhaps they just didn't realize the way the laws work (it's not obvious that they would be responsible for trimming "your" trees) and didn't want to go ahead and trim "your" trees.)

Link to comment
Share on other sites

Here's the deal:

 

In my backyard we have some trees along part of the property line. They hang over the fence so some branches go over into a neighbors yard.

 

I am fairly certain that the law is that anything that hangs over is the responsibility of the person whose yard it is, not the prson where the tree is rooted. However, I checked my county's website for information and couldn't find anything regarding this. Maybe I need to find a listing of state real estate codes or something.

 

The reason I ask is this:

 

Our neighbors have asked us to have the trees cut back as they wish to place a playset in their backyard where the trees hang over.

 

The trees also grow near the power/telephone/cable lines. We have contacted the power company, who came out and said that as the trees are not up to the power lines yet they would not do anything. If they were in the power lines, they would cut them at their expense. We also contacted the phone and cable companies who bth said that they would not do anything. We have had a couple of tree services come out ot provide quotes. All come in at about $500+ just to trim the parts tha hang over into the neighbors area, and not do anything about cleaning up any part of it that is in our yard. One of the services is the one that told us that it is not our responsibility, and if we did cover it we were just being very nice neighbors.

 

I have no issue going halves or something to cover the cost of clearing up the trees from the neighbors yard, but, part of me, with our litigious society, does not want to pay for part of this and have it ome back as being used as some sort of admittance of liability if the trees somehow damaged the neighbors playset.

 

Now, assuming that the tree service, and several other people we have spoken to are correct that the branches that hang over are not our responsibility, and I can find the appropriate law/cose to cite, I am thinking that it would be in my interest to come up with a letter that states that we are willing to pay for half despite no legal obligation to do so, and that i so doing we are not admitting any liability for damage done by the trees in the future. Also, we accept no responsibility, liability or financially, for the future upkeep of the trees.

 

SO, my questions are:

 

1. Where would I most likely find law/code information that covers tree branches crossing over property lines?

 

2. Is it wise on my part to craft such a letter if we are willing to take on some of the financial burden of the cost of removing the trees to make it perfectly clear that we do not accept any future liability pursuant to any code/law we are able to cite?

 

Has anyone had to deal with this kind of a situation, and if so, what was the resolution you came to?

 

Also, assuming I am correct in that I have no legal liability to pay for the tree trimming, any Huddle lawyer willing to look over the letter I come up with, assuming I go that route, to make sure I have properly covered myself?

 

THanks in advance.

 

 

Put nothing in writing that could be used against you in a court of law... :-) Call a local realtor, if they do not know, they can tell you who can answer the question. You can also ask the city attorney for free.

 

I've always heard that anything hanging over the property line is fair game... However, I would not be surprised if there was some law out there stating you had culpability if it encroached on their use of the backyard. Your trees could be potentially seen as a hindrance to them putting up the play set.

 

I'd check with a realtor and/or the city attorney and make sure you mitigate your liability.

Link to comment
Share on other sites

At my old house I had a huge tree in my front yard. I also had a lawn service so I never did any lawn work (best money I ever spend IMO). The way the wind worked there was that most of my leaves covered my neighbors lawn and much less so mine. He only had one tiny tree so 95% of the leaves were mine. So he would always be complaining whenever he would be out raking leaves and I would always give him a knowing smile. He was sort of a jerk but at least he was a jerk raking up my leaves.

 

We had several small run-ins, but none so fun as the leaves issue. The wierd thing too is that the couple next door was named David and Dory.

Link to comment
Share on other sites

I think if the tree is rooted in your property it is your responsibility. If your neighbor treated the portion of the tree hanging in his yard with a broadleaf killer and damaged your tree I expect you'd take exception. Additionally if he cut the branches in such a way to case harm to the tree I expected you'd take exception.

Link to comment
Share on other sites

Here's some articles I've found that are tied to California:

 

http://www.treeservicesmagazine.com/articl...ointofview.html

 

More than likely, your city's going to say something like this:

 

If it is a private tree, the tree has rights to cross property lines. You cannot sever roots and branches that encroach onto your property if it will cause damage to the tree. However, the owner of said tree must take measures to prevent damage to your private property.
http://www.riversideca.gov/trees/faqs.asp

 

A good article: http://www.realtown.com/articles/real-esta...spute-tree-line

 

Hope this helps.

Edited by darin3
Link to comment
Share on other sites

Before you go into all of this, have you just told your neighbors in a friendly way that they can go ahead and trim the trees back as they see fit? (Perhaps they just didn't realize the way the laws work (it's not obvious that they would be responsible for trimming "your" trees) and didn't want to go ahead and trim "your" trees.)

 

 

We had talked some itme ago which is when we got the quotes and such, but, with the baby coming it has bee na very low priority.

 

THe reason it came up was that they wrote us a letter and mentioned putting up a playset. The friends we were with at the time were the ones that first told us they were sure that anything hanging over was their responsibility

Link to comment
Share on other sites

If it was me I'd set fire to the damn trees. I regularly poison the bushes and stuff hanging over on my side of the line in my back yard.

 

These are your trees and it's your job to make sure they aren't a pain in the ass.

Link to comment
Share on other sites

These are your trees and it's your job to make sure they aren't a pain in the ass.

 

I agree.

 

(I had the same problem with a neighbor's tree once, bought one of those long tree trimmers, and did the job myself. It didn't cost alot, and the trimming got done the way I wanted. :D )

Link to comment
Share on other sites

Best I can give you for advice is a "fer instance"

 

As in, I had a rather sizeable cottonwood growing between my house and the neighbors. The location of the tree was terrible, as any kind of wind that could knock it over would likely drop it on either my neighbor's garage or on my kitchen roof. It had been less than a year since I bought my house at the time, and I asked my neighbor if he would have any problems with my getting rid of the tree (the property line of the tree was pretty clear, but I thought I'd ask anyhow since he had been there a lot longer and I didn't know if he had any kind of agreement with the previous owner). His answer was "it's your tree, do what you want with it". I ended up getting rid of the tree for a reasonable price, I think it was $275 for cutting it down, removal of all debris, and grinding the stump. The nice part is my neighbor is a really good guy who will help me out and he and his wife will keep an eye on my place when I'm on the road for work as well though.

 

Long story short, since I wasn't sure about the whole property line thing at that time, I figured I'd ask. Once I found out it was my tree, I took the full brunt of it to prevent any future damage to mainly my house but also thinking ahead to the possibility it could damage my neighbor's as well.

 

OK, maybe that's not the greatest of advice stories, but what do you expect from me after a night of beers? :D

Link to comment
Share on other sites

Couple ways to look at this, BC. The trunk is on YOUR property.......therefore the tree and any damage it does is YOUR responsibility. (ie. a branch breaks in a storm and damages his roof.....out of your pocket)

 

That being said....anything overhanging the property line your neighbor has a right to trim back any way he sees fit. He could scalp the tree back to the line and damage it irreparably. (Incidently...your power company would probably do this too if you aren't there the day they were trimming. :D )If the tree dies as a result.....still not his problem. Mature trees add value to your own property.....to lose one would be tragic.

 

Your neighbor could be doing a nice thing by bringing it to your attention so you have a say in how it gets trimmed. If you take a hardasse stand and tell him to pay for it himself, he can basically do anything he wants. :D After all....he could have just done it and NOT asked in the first place.

 

I'd have to agree with you and go ahead and offer to split the cost. You'll keep good neighbors AND have the tree trimmed to your satisfaction. You don't have to put it in writing...but make sure you BOTH approve the estimate ahead of time. Could be just limbing the tree up on his side would make enough room for his playset. That shouldn't cost as much as a full tree thinning/maintenance.

 

I don't think I'd start a neighborly standoff over $250. :tup:

Link to comment
Share on other sites

These are your trees and it's your job to make sure they aren't a pain in the ass.

 

That was my initial thought as well and I almost said as much. (But since Hugh One recently said that I had been "extra-douchy lately", I figured I would try to be nicer.)

Link to comment
Share on other sites

How big a tree is it........ :D ......just some branches for a playset.......i'd go Chargerz route and do it myself......keeps the peace and done your way......Those #@&**&^..... tree Butchers oughta have a bounty on'em......what a bunch of rip off artists........ :D

Link to comment
Share on other sites

We had several small run-ins, but none so fun as the leaves issue. The wierd thing too is that the couple next door was named David and Dory.

 

Let me guess: they named their first-born "M" :D

 

 

 

I think if the tree is rooted in your property it is your responsibility. If your neighbor treated the portion of the tree hanging in his yard with a broadleaf killer and damaged your tree I expect you'd take exception. Additionally if he cut the branches in such a way to case harm to the tree I expected you'd take exception.

 

 

These are your trees and it's your job to make sure they aren't a pain in the ass.

 

Agree w/these 2 posts. The law may cover your as...I mean trees....but IMO that's weak. It's your tree encroaching his turf. That simple. If I were him and you balked, I wouldn't be too pleasant about how I got that stuff off my yard.

 

A guy next to me in my first house had red tips (bushes) that got huge and started leaning over into my (fenced) yard. I made a couple subtle but clear hints.....nothing. So one day I got out the trimmer and butched the hell out of the top of one. He politely (but clearly with a little PO'd-ness in his voice) said thanks but don't bother, he'd do the rest.

 

Hint finally taken. :D

Link to comment
Share on other sites

My neighbor had two cherry trees that were leaning over into my yard,and looked like they weren't real healthy.I'd see them and worry about them falling onto my deck during a storm,but he noticed them as well.

 

One Sunday afternoon,he and his dad cut them down after making sure it was ok if some parts fell into my yard(which they cleaned up).

 

I have great neighbors.

 

The moral of the story:Maybe it's his responsibility,maybe not.But I would go ahead and take care of it.He'll appreciate it and you'll be on great terms with someone you'll be living next door to for a long time.

 

JMHO.

Link to comment
Share on other sites

My neighbor had two cherry trees that were leaning over into my yard,and looked like they weren't real healthy.I'd see them and worry about them falling onto my deck during a storm,but he noticed them as well.

 

One Sunday afternoon,he and his dad cut them down after making sure it was ok if some parts fell into my yard(which they cleaned up).

 

I have great neighbors.

 

The moral of the story:Maybe it's his responsibility,maybe not.But I would go ahead and take care of it.He'll appreciate it and you'll be on great terms with someone you'll be living next door to for a long time.

 

JMHO.

 

 

Sox obviously lives near a virgin forest.

Link to comment
Share on other sites

Our neighbors have asked us to have the trees cut back as they wish to place a playset in their backyard where the trees hang over.

 

Why? :D

 

If the branches are so low they would get in the way, go get a damn $20 pole saw and you two split a case of beer cutting them down, or rent a power pole saw for $30 and do it in 20 min.

 

If they're not in the way, then they'll provide shade for his lily white cracker city kids.

Link to comment
Share on other sites

Whenever my neighbors small trees get out of hand on my property I usually just go ahead and trim them. They do the same if mine go over onto their property. :D

 

Edit: I also have HUGH oak trees in my backyard and one very large branch (probably the size of a medium tree) hung over my neighbors house. She expressed some concern to me so I had it trimmed by a tree company. It cost me $550 and I didn't even think of asking her to split the cost.

Edited by twiley
Link to comment
Share on other sites

Well, i finally found a way around the hospital firewall. BC, go to your neighbor and say this "My tree is hanging over your fence, I really do not know who is responsible for dealing with the limbs and leaves. If you would like, feel free cut the limbs or rake the leaves. If that is not acceptable, perhaps in time I can find the funds to deal with it myself".

 

Stuff like that usually freaks people out and jolts them into action.

 

As a surveyor, I can tell you that anything over the line is theirs to do with as they wish including being able to use the tree as a clothesline or hang broken crok-pots from.

 

RF, I thought I had long ago enlightened you to the idiocy of realtors. You are breaking my heart.

Link to comment
Share on other sites

I think if the tree is rooted in your property it is your responsibility. If your neighbor treated the portion of the tree hanging in his yard with a broadleaf killer and damaged your tree I expect you'd take exception. Additionally if he cut the branches in such a way to case harm to the tree I expected you'd take exception.

 

 

 

I just had a similar situation to what you posted..The people that live behind us have a tree that is hanging over my fence. I dont really mind so much but I moved my garden to a spot that now has one of their trees branches over it. It is limiting the sun that my garden gets a little bit. I had a tree guy come in just to check it out and he said I am within my rights to trim his tree even though it is rooted on his property . The catch is you cant trim it to the point where you might kill it or make it so uneven that its weight will improperly shift

Edited by whomper
Link to comment
Share on other sites

As crude (and usual) as H8's response is, it's right on the money. Go get a case of beer and a pole saw, invite the neighor out to an afternoon of cutting stuff up and everyone will be happy.

Link to comment
Share on other sites

RF, I thought I had long ago enlightened you to the idiocy of realtors. You are breaking my heart.

 

 

As much as I don't care for Realtors, they generally know the law and can point you in the right direction. It seems we all know a realtor or two... Or, as I also said, go to the City Attorney.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

  • Recently Browsing   0 members

    • No registered users viewing this page.

×
×
  • Create New...

Important Information