# Neighbor wants to trim my trees



## MsDebbieP (Jan 27, 2011)

question: can't they enter the neighbour's property and cut the branch off from that side of the fence? 
I'd be very careful about what you are signing. You have stated some valid concerns.


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## Jackofall1 (Dec 5, 2010)

The simple answer IMHO, don't sign, you have no obligation to do so, if the branch needs trimming it can be done from the other side of the fence, period.


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## AllanJ (Nov 24, 2007)

From the overall picture painted by your description I would say no.

But not too long ago I did grant a neighbor permission to take down some trees at the back of my property. He had to have all of the equipment enter on his property. (Not that relevant but I had a fence with an archway for a gate that no significant equipment could get under.)


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## Bondo (Dec 8, 2007)

> The only concern here is that they are afraid a branch will damage their new fence if it falls. The tree is in good shape,


Ayuh,... So, say No...

When the tree drops debris, 'n destroys your neighbor's stuff,...
You can replace it,... No problem...


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## AllanJ (Nov 24, 2007)

If the tree branch is healthy and in no obvious danger of falling, and it falls anyway, then generally (check your state laws) you are not responsible for damage to your neighbor's property even after your neighbor pleaded with you repeatedly to remove it. That is called an Act of God.

Now your neighbor could cut the branch off himself.


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## handy man88 (Jan 23, 2007)

They could bring in a cherry picker and do everything on their side....it'll cost more though.

In any regard, maybe your stipulation is that the entire tree needs to be trimmed and thinned out. Otherwise, your oak may look distorted, and this excess trimming on one side may throw off the balance of the tree and start to lean in the opposite direction.


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## 95025 (Nov 14, 2010)

Wow. I think I'd be leaning heavily towards "NO!" There are just too many potential liabilities here.


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## handy man88 (Jan 23, 2007)

AllanJ said:


> If the tree branch is healthy and in no obvious danger of falling, and it falls anyway, then generally (check your state laws) you are not responsible for damage to your neighbor's property even after your neighbor pleaded with you repeatedly to remove it. That is called an Act of God.
> 
> Now your neighbor could cut the branch off himself.


I don't think a homeowner is responsible for anything if their tree falls on someone else's property and damages something.

I personally think any tree that can fall and touch any physical structure should be removed.


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## bergerdude (Jan 3, 2010)

Hey,
Great responses...I appreciate it!
See the neighbor should have, as I did, handled any concerns about the trees when the builder was still around.
The neighbor hasn't lived in the home for 3 years, and finally came back and wants to trim the trees....which have probably grown 6 inches in 3 years....they are 100 year oaks. So the trees were the way the always have been.

Not sure if I mentioned....
The area is a wooded area, and the trees are "protected." If the trees die I am liable to replace them with the same size tree or trees (smaller, but more of them). Plus to remove a tree requires a $1500 permit. 

So I am leery of letting someone trim, and possibly trim too much....killing the tree.

There actually is another offending tree that leans and does branch over their gutter about 10 feet above, by about 2 feet. That will be trimmed....that one they CAN access with a cherry picker and they will trim that without any consultation from me for sure~! I asked the town to "make" the builder remove that tree near their gutter 3 years ago....but the town refused...as I mentioned, these trees are "protected"...lol. sheesh.


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## handy man88 (Jan 23, 2007)

bergerdude said:


> Hey,
> Great responses...I appreciate it!
> See the neighbor should have, as I did, handled any concerns about the trees when the builder was still around.
> The neighbor hasn't lived in the home for 3 years, and finally came back and wants to trim the trees....which have probably grown 6 inches in 3 years....they are 100 year oaks. So the trees were the way the always have been.
> ...


Time to put some copper nails into those protected trees.


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## jamiedolan (Sep 2, 2008)

bergerdude said:


> What is the positive of granting permission?


Nothing, there are no positives to granting permission, only liability to gain.

As far as I know, in the US, The only way you could be liable for your tree falling is if you were outright negligent in it's care. e.g. if it is dead and half eaten by bugs, sits like that for a year and you fail to remove it, then it falls on the neighbors hours, your likely liable.



bergerdude said:


> trim off a 12inch diameter, 20 foot branch anyway...possibly hurting the tree.


I say no trimming. Let them futz with it from their yard if they must, but I would not grant permission for them to access your property.

However, from the trees health standpoint, this is a 100 year old oak right? Not a chance your going to hurt the tree cutting off a single 12" limb, especially this time of year. It's way too big of a tree at that age to be affected by the removal of one limb, assuming it is healthy in general.


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## handy man88 (Jan 23, 2007)

bergerdude said:


> Hey,
> Great responses...I appreciate it!
> See the neighbor should have, as I did, handled any concerns about the trees when the builder was still around.
> The neighbor hasn't lived in the home for 3 years, and finally came back and wants to trim the trees....which have probably grown 6 inches in 3 years....they are 100 year oaks. So the trees were the way the always have been.
> ...


How about asking a tree company to send out an arborist for a free estimate to get a real professional opinion about the tree?


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## piste (Oct 7, 2009)

Deny permission. Then send them a letter indicating your desire that they not touch the tree. In virtually all cases they have the right to cut anything that overhangs their property to the propery line. By your sending them the letter...if they do cut it resulting in unintended consequences, the letter "might" provide you a bit more protection. In virtually all cases if part of the tree falls without your doing anything to contribute to the event and results in damages to their property you will not be found liable.

PS. NEVER underestimate the arrogance of jerks and their ability to turn things around to try and screw you....ESPECIALLY when it comes to property (line) sorts of issues. I'll never understand why but that's an area that SO many people get real stupid about for no reason IMO.


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## handy man88 (Jan 23, 2007)

It's better to make peace than war....after all, those are people who live next door and could make your life a living hell too.

The best thing is to work with your neighbor to resolve this. Relay the message to the tree company that you want the neighbor to call you. Let it go from there....that's his in to try to make peace.


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## piste (Oct 7, 2009)

handy man88 said:


> It's better to make peace than war....after all, those are people who live next door and could make your life a living hell too.
> 
> The best thing is to work with your neighbor to resolve this. Relay the message to the tree company that you want the neighbor to call you. Let it go from there....that's his in to try to make peace.


Not sure you are responding to my post or not..but irrespective of that...didn't see anyone IMO in the posts above advocating making "war" or making the neighbor's life a living hell. Anywho...the OP sez these people are jerks and I take that on face value. And I have lived next to enough of them to know there is no "working things out" with them...otherwise its always my preferred way to go. But with jerks..."Give them an inch...." and they'll have you grabbin your ankles....been there done that. The best thing in most cases is indeed to work things out....but I've seen time and time again that even otherwise nice, normal people (never mind jerks) get REAL strange when it comes to property boundary related issues. As stated above....I don't understand it and wish it wasn't so....but seen it too many times.

ETA: The "smoking gun" that is evidence the neighbor is not someone you can reason with....is that instead of approaching the OP in person to have a reasonable discussion and work things out...he sends his tree service over with a letter for the guy to sign. Now I'll speculate how this came about. 
Tree Service: "well we can bring in a cherry picker to cut off the branch but that'll add a lot to the cost." 
Neighbor: (being a jerk he's cheap too) "can't you just climb the tree and cut it" 
Tree Service: (by now realizing this guy is a tool and it's a contentious neighbor situation) "not without your neighbors written permission and assumption of liability" 
Neighbor: "Well go ask him for it then."

If he wanted it done so badly he'd have done it already.


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## jamiedolan (Sep 2, 2008)

handy man88 said:


> How about asking a tree company to send out an arborist for a free estimate to get a real professional opinion about the tree?


If you do make sure they are ISA certified.


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## AllanJ (Nov 24, 2007)

I think the neighbor is hoping you will let the tree company's cherry picker (required in any event) drive on your property so it won't have to drive on his.

Say no they may not come on your property except to remove debris which they must do in any event.

And write down and save the name of that company so you can go after them if they come onto your property without permission if you are out.

You don't mind if he works from his side and trims the branch to about 9 to 15 inches (23 to 38 cm) inside your property line, do you?


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## bergerdude (Jan 3, 2010)

Well...it was peaceful before the neighbors moved in....lol.

Our first contact with these neighbors was them asking if we wanted to go "half-sies" on the fence. We did not, and they proceeded to tell us the fence was going ON the property line. I mentioned I wouldn't go for that, then this BP engineer of 30 years tried to sell me how the property line was indicated on the Plat by "GPS coordinates." Now...not even our military can get accuracy down to the inch! So they have tried telling several lies.

Next the fence was to go 4 inches in from the property line...instead they installed it right up to the property line...and in doing so the crew goofed in one corner by an inch or two.

As I was stringing a line when their installers were out there, the neighbor's wife started yelling at me, " why are you so concerned, mind your own business, why don't you get a job." In a strong accent (no offense to anyone.) Thankfully, during this economy....I have a job, but what if I didn't? How terribly rude was this woman?

Then when I was talking to the installers IN my yard, and the yexplained how they tried to set the fence back, only to be brow beaten by the neighbors, the wife comes around the corner screaming, " Don't you talk to him...I pay you, I pay you...He not pay you, don't talk to him!"

Oh if I only had a tv camera rolling! :wink:

So the "making peace" ship has sailed! lol.

These are the worst neighbors I have ever experienced. They wouldn't listen to me when I said the tree couldn't handle 3 branches to be lopped off like they wanted....they just kept restating "what needs to be done" to me. I consulted 4 arborists, yet they said I was "stalling" and I was to forward my information to them (this was dictated to me, while they were standing in my yard without permission with their fence installers...lol.

So, yes....they aren't invited to any birthday parties! 

Obviously, they only got an arborist so I would let them into my yard...since when I first met them...they had their unqualified landscapers saying it was their right to trim to the property line.


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## AllanJ (Nov 24, 2007)

OT: Now where exactly was the fence installed? If it is on your land they should pay rent (ten dollars a year would probably be appropriate and should keep the peace with all but the most unreasonable). And furthermore the fence company is liable for intentionally putting the fence on someone else's land.

If there are regulations regarding cutting certain kinds of trees they ought to get the appropriate documentation and permission for the city before starting. The tree service can be liable here too, for violating regulations.


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## piste (Oct 7, 2009)

Bergerdude,
Your story is virtually identical to what happened with my ex-neighbors (they moved away thank god). After moving into our house we wanted to put in a fence...but being as we wanted to be sure to put it on our property and within code we paid to have a survey done...only to find our neighbors had landscaped 20 feet into what was now our property including excavating the hilllside permanently changing the terrain. We tried to work with them to address this (because we wanted to be senstive to their interests and all at our expense)..then they end up calling the township complaining about us for no logical reason. The township advised us to avoid them entirely as they were essentially insane. 

Long story short...unless one has experienced for oneself a situation like Bergerdude's...you cannot possibly fathom how unreasonable and rude some people can be. You don't need to antagonize them...but you do need to protect your interests in a most extreme way (documentation, etc.) and allow them only what they are permitted by law, code, etc. People like these will screw you in ways you cannot possibly fathom. As I said above....I've seen time and time again where property line issues make what are in some cases otherwise fairly reasonable people (and in other cases already whacked out people) act totally illogical and wacko. Tell them the tree has legally protected status and you don't want them to do anything to it. The next move is their's.


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## Ole34 (Jan 31, 2011)

fight fire with fire............dont sign anything, give those people an inch an they take a yard the next time..............no pun intended :wink:


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## bernieb (Mar 20, 2010)

But then again your neighbor may be of the caliber, that they will always find something to complain about. Take a picture of the tree now, all sides if possible, as some day when he can't stand the pain no longer, he'll have it whacked. At least have a camera handy for the wife to use while your gone.


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