The tree on my side of the fence is.........

Youngspanion · #1 06-24-2008, 11:46 AM

There is a tree that is growing on my side of the fence and some of the branches are touching the neighbors house. He asked me if I can trim the tree branches that are touching his house. My question is this:

Whose responsibility is it to cut the branches?

Vince S. · #2 06-24-2008, 11:49 AM

Quote:

Originally Posted by Youngspanion

There is a tree that is growing on my side of the fence and some of the branches are touching the neighbors house. He asked me if I can trim the tree branches that are touching his house. My question is this:

Whose responsibility is it to cut the branches?

IMO since the tree is on your property it's "your" tree, so you should cut the branches.

SuperDuck · #3 06-24-2008, 11:51 AM

I'm pretty sure it's your responsibility as the owner of the tree.

DigMe · #4 06-24-2008, 11:51 AM

It is absolutely YOUR responsibility. He has no control of where your tree is and he had no choice in the decision of placement of the tree. Be a good neighbor and maintain your tree.

bc

jazzy grille · #5 06-24-2008, 11:56 AM

Just stab him a couple times the next time he asks..

SuperDuck · #6 06-24-2008, 11:57 AM

Quote:

Originally Posted by jazzy grille

Just stab him a couple times the next time he asks..

Just watch out for which side of the property line the corpse falls on.

kasanovakarl · #7 06-24-2008, 12:08 PM

Depending on your state laws, technically he can cut anything that crosses over his property line. I would tell him if he doesn't like the branches he can cut down what he sees as necessary over his property, but not to kill the tree.

This way if he cuts down the branches and puts a hole in his roof/gutter/whatever it is his fault and he can pay to have it fixed. If you cut down the branches and cause damage, you will be responsible for repairing whatever damage you've caused.

Stu L. · #8 06-24-2008, 12:09 PM

I've been known to cut my neighbors tree and leave the limbs in their yard. I'm about to cut another of theirs, but at least I told them this time

MJ5150 · #9 06-24-2008, 12:12 PM

Take care of your tree bro. I had this problem with a neighbor when I first moved in to our house years ago. He went back and forth with me for two weeks in a pissing match about who should trim the branches in my yard coming from his tree. I finally did it myself since I got tired of the guys attitude. He moved away a couple years ago finally. He was always splitting hairs with people, arguing on semantics, and so on. I wondered if he would ever make me come rake up the leaves off my tree that blew into his yard.

Why can't people just be nice and take care of things instead of arguing until the cows come home about who has to do it?

-Mike

Mon Rominee · #10 06-24-2008, 12:13 PM

It's your responsibility, but I suggest you two talk about what exactly it is would be the best outcome for all three parties (tree included) and proceed from there so you are all in agreement going in.

R

fourstringdrums · #11 06-24-2008, 12:18 PM

It's your responsibility.

Now if I could only get my neighbor to rake up HIS leaves that blow into my yard immediately after I'm done cleaning up mine. It's harder to prove leaf ownership though.

wazzel · #12 06-24-2008, 12:19 PM

Any branch that extends past your property line can be trimmed by the guy next door without your consnet. You are technically not responsible for trimming the branches that overhang the fence, but if your tree damages your neighbor's house than you are responsible. I cut the branches that cross on to my property line all the time without asking. If asked I would probably trim the branches of my tree that went over the fence, just to stay on good terms with the people next door.

ubado · #13 06-24-2008, 12:29 PM

Quote:

Originally Posted by kasanovakarl

Depending on your state laws, technically he can cut anything that crosses over his property line. I would tell him if he doesn't like the branches he can cut down what he sees as necessary over his property, but not to kill the tree.

This way if he cuts down the branches and puts a hole in his roof/gutter/whatever it is his fault and he can pay to have it fixed. If you cut down the branches and cause damage, you will be responsible for repairing whatever damage you've caused.

Exactly!

Most states laws are .... he would be able to trim any branches that are over his property .... without doing harm to the tree. The only time that there becomes a problem/fault is if the tree branch damages his property (then it is up to the insurance companies to figure out who pays).

Don't let anyone tell you that it is your responsibility without reading your state/local county laws on the subject.

Offering to help cut down the branches would be a nice thing to do. It's always best to have two people around while doing any limb-work.

If he insists you do it yourself ..... make sure to hurt yourself on his property while doing it .... he'll find out who's responsible for your medical bills real quick.

At my prior house, my neighbor always complained to me about some pine tree branches on our property line (they were there before I bought the house, and the prior owner didn't do anything about them). After I got tired of hearing about how it was difficult to cut the lawn near them .... so I cut all the branches up to 5 ft. off the ground. She hated it the fact that there went some of her privacy ..... after that, she never bothered me about another tree branch hanging over her property again.

blueskid · #14 06-24-2008, 12:44 PM

Quote:

Originally Posted by ubado

If he insists you do it yourself ..... make sure to hurt yourself on his property while doing it .... he'll find out who's responsible for your medical bills real quick.

that never works out right. when my dad and brother broke arms, legs, and busted open heads when helping a neighbor trim a tree, they didn't get a dime. the home owner's insurance screwed them good.

Youngspanion · #15 06-24-2008, 04:05 PM

yeah, I'm gonna end up cutting the branches myself. I cut the tree branches that grow from other neighbors houses onto my property. I don't bother no one. Now I gotta cut the branches on other peoples property because "its my responsibilities." I'm not gonna waste time bothering to see who legally is responsible. I just feel like they can easily do what I'm doing tomorrow.

Now I just have to tell him every time his filth comes onto my propertie.

Thanks Fellas

peterbright · #16 06-24-2008, 04:10 PM

I cut branches before they get to the neighbor's yard. It avoids this argument.

v-12 · #17 06-24-2008, 05:34 PM

Quote:

Originally Posted by ubado

Exactly!

Most states laws are .... he would be able to trim any branches that are over his property .... without doing harm to the tree. The only time that there becomes a problem/fault is if the tree branch damages his property (then it is up to the insurance companies to figure out who pays).

Don't let anyone tell you that it is your responsibility without reading your state/local county laws on the subject.

Offering to help cut down the branches would be a nice thing to do. It's always best to have two people around while doing any limb-work.

+1
find out your local laws before you do anything. i have some neighbors who let their trees grow crazy over my yard, and as per my states law, i prune the heck out of them, to my fence line.
there are a lot of laws about this, ie if the tree trunk is shared certain rules apply, etc.

Youngspanion · #18 06-24-2008, 06:14 PM

Well I guess the guy doesn't want to do it himself so he wants me to do it for him. Easier to do than to fight over it. See, I've always cut my neighbors tree branches when they crossed the fence and some how annoyed me. I always tell 'em first and there are never any problems. This one on the other side of me, is to lazy to cut them himself like I do so I'm forced to take action. Whatever.

What pisses me off the most is that they really are pigs. The house looks like its abandoned. So I'm thinking that they got a hair on their ass and decided that they need me to do it.

steve21 · #19 06-24-2008, 06:22 PM

Quote:

Originally Posted by Youngspanion

Well I guess the guy doesn't want to do it himself so he wants me to do it for him. Easier to do than to fight over it. See, I've always cut my neighbors tree branches when they crossed the fence and some how annoyed me. I always tell 'em first and there are never any problems. This one on the other side of me, is to lazy to cut them himself like I do so I'm forced to take action. Whatever.

What pisses me off the most is that they really are pigs. The house looks like its abandoned. So I'm thinking that they got a hair on their ass and decided that they need me to do it.

The sight of your foliage probably clashes with their decor. Trash nouveau.

BillytheBassist · #20 06-24-2008, 06:37 PM

I would say without a doubt it is your responsibilty..... trim your tree bro,... if it's too much of a job for you to do youself then hire a proffesional to do it. If your going to have tree's.... maintain them, if your not carefeull the tree COULD cause damage to the neighbors house or property and then you will be in a serious mess. I currently have neighbors who allow the family dog to crap in my yard, and then don't clean up after it. I may have to have a talk with them soon.