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Big Country

Trees growing over property lines

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My neighbor at the back fence has some bushes that grow over my fence.

Sometimes his gardeners come over and cut them, sometimes I do.

doesn't bother me. Now if my neighbor had a tree that hung over and made it where I can't enjoy some of my yard, I wouldn't expect that I would have to pay for it.

I'd have some issues with him about that.

despite the fact that it might be your neighbors responsibility to cut them back,

it's your tree. You should take responsibility for it.

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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.)

 

 

oh, so now you are going to be passive extra douchy.

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I'll put it this way BC...my chick had a tree that had some hugh branches leaning over in to her neighbor's yard. She paid to have it taken care of. That is the high road.

 

I had three shade trees planted in my backyard since my home was a new home build. I found out what the canopy size was when the trees were mature and used a distance finder to approximate where I could plant the trees where they wouldn't encroach on my neighbor's yard. Yes, I am anal. :D

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I'd also be willing to bet if the roots from the tree broke your neighbor's water lines you'd be responsible

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I'll put it this way BC...my chick had a tree that had some hugh branches leaning over in to her neighbor's yard. She paid to have it taken care of. That is the high road.

 

I had three shade trees planted in my backyard since my home was a new home build. I found out what the canopy size was when the trees were mature and used a distance finder to approximate where I could plant the trees where they wouldn't encroach on my neighbor's yard. Yes, I am anal. :D

 

 

so a coffee table encroachin on a human being isn't a big deal.........that's 6'5 of insensitity...... man..... :D

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I'd also be willing to bet if the roots from the tree broke your neighbor's water lines you'd be responsible

 

 

i bet you'd be wrong, as usual.

 

i dunno, BC. the letter of the law pretty much says it's his responsibility, but common sense and common courtesy would say it's it least partly your responsibility. i think h8 and polk have had the best advice so far.

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I'll put it this way BC...my chick had a tree that had some hugh branches leaning over in to her neighbor's yard. She paid to have it taken care of. That is the high road.

 

I had three shade trees planted in my backyard since my home was a new home build. I found out what the canopy size was when the trees were mature and used a distance finder to approximate where I could plant the trees where they wouldn't encroach on my neighbor's yard. Yes, I am anal. :D

 

Afraid that they would not be pruned straight? :D

Edited by Big John

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Hint finally taken. :D

 

 

 

i bet you'd be wrong, as usual.

 

:D

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i bet you'd be wrong, as usual.

 

i dunno, BC. the letter of the law pretty much says it's his responsibility, but common sense and common courtesy would say it's it least partly your responsibility. i think h8 and polk have had the best advice so far.

 

 

So the roots from my tree can grow into his property and destroy his property with no liability to me?

 

So if a branch falls from my tree and caves in my neighbor's roof I'm not liable either?

Edited by Grits and Shins

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So the roots from my tree can grow into his property and destroy his property with no liability to me?

 

So if a branch falls from my tree and caves in my neighbor's roof I'm not liable either?

 

Kinda takes away the incentive eh

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I'm fairly sure of the following:

 

In Michigan, the tree belongs to the owner of the land upon which the base of the tree is located. Therefore, you may not ordinarily cut, injure or destroy a neighbor's tree. If your tree damages your neighbor's property, you are likely going to be liable for the damage.

 

However, if the branches of your neighbor's tree encroach into your yard to the extent that they constitute a nuisance or hazard, there is authority that you may cut the branches that overhang your property to abate the nuisance or hazard.

 

So, as stated previously, it appears that the best thing to do is to reach some type of accord with your neighbor.

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Thank you for the input everyone.

 

Like Isaid., my main concern is not wheterh we would have the tree cut or not, but more along the lines of if we accept the responsibility of cutting them back, which the statutes basically state is their responsibility, are we opening ourselves up to future issues by doing so.

 

Yes, we planned on paying or at least splitting the cost of the trimming, I was more concerned with the possible future ramifications (what if they are oddly anal in a Soup like way and want the mtrimmed every couple months). The cheapest quote we have just to trim their side back to the fence line is in the 500-600 range.

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(what if they are oddly anal in a Soup like way and want the mtrimmed every couple months).

 

:D

 

Well, I will say, even though I ensured my trees will most likely never cause my neighbor's any trouble, their's coming in to my yard isn't as big a deal to me. As long as I'm not in the wrong, I don't sweat too much. If/when the time comes, my 6'5 frame will trim their trees back without much ado.

 

:D

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oh, so now you are going to be passive extra douchy.

 

 

 

:D

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Well, just shelled out about $600 to have the trees trimmed.

 

Wife says they are very bare now, so shouldn't have to do it for a few years hopefully.

 

At least my son was entertained all morning watching them cut the trees in the back then he'd run to the front door and look out there to watch them grind up the branches, etc.

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Well, just shelled out about $600 to have the trees trimmed.

 

Sheeoot...I wouldn't have paid it. :D

 

 

 

 

 

 

:ducks:

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I did not read all the post, but it is called "enchroachment" as your tree has "enchroached" onto his property. He can trim the tree back to where the property lines meet but no trimming past the "invisible line" that seperates the two properties.

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I did not read all the post, but it is called "enchroachment" as your tree has "enchroached" onto his property. He can trim the tree back to where the property lines meet but no trimming past the "invisible line" that seperates the two properties.

That's my understanding, at least according to California law. My parents are brawling with a neighbor of theirs on this type of issue, so I've had to do a bunch of related legal research on this subject over the last two weeks.

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That's my understanding, at least according to California law. My parents are brawling with a neighbor of theirs on this type of issue, so I've had to do a bunch of related legal research on this subject over the last two weeks.

 

 

Same for North Carolina law and here it is called "Enchroachment of Borders", and in order for the tree not be trimmed BC would have to ask the other owner for "Leway" for the tree onto his neighbors property.

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Your property line in the eyes of the law has "invisible lines" that reach all the way into space(no kidding). So, planes encroach all the time and the airline would be liable when and if the plane crashed into your backyard. Likewise a tall pine tree etc.....goes straight up. If it get's blown over by storm...a little differnent, as you are responsible for getting it off neighbors said property and repairing damage to yard/house/landscaping.

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Call an Aborist. They will come out for about $75(or possibly free) to tell you eggzachory what to do. More than likely their answer will be somewhere between H8's and Ursa's and a lot of them do low height pruning for less than a hack tree trimmer.

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Well, just shelled out about $600 to have the trees trimmed.

 

Wife says they are very bare now, so shouldn't have to do it for a few years hopefully.

 

At least my son was entertained all morning watching them cut the trees in the back then he'd run to the front door and look out there to watch them grind up the branches, etc.

 

 

More than likely the tree will die if they did not trim it right. Then the big dollars come.

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Call an Aborist. They will come out for about $75(or possibly free) to tell you eggzachory what to do. More than likely their answer will be somewhere between H8's and Ursa's and a lot of them do low height pruning for less than a hack tree trimmer.

 

And not just some hillbilly with a chainsaw in the back of his pick up. You want a "certified arborist" if you are trying to determine if the tree is sick, or getting recommedations on treatment. You want a "consultant arborist" if you need a determination of a tree's fair market value.

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You want a "consultant arborist" if you need a determination of a tree's fair market value.

 

My dad does consulting work on this for court cases in which somebody has illegally cut down somebody else's trees. Trust me... you do NOT want to cut down somebody else's trees.

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