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Home > Archive > Home Repair forum > April 2006 > Trees and Neighbors
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Trees and Neighbors
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| Hi,
This may be old subject for some, but new to me. Bought a place not long
ago and have few trees at the edge of my property.
Are there any universal laws, or state laws dealing with tree and neighbor
issues?
Ex. Leaves from my tree fall on the neighbors yard - who cleans it up.
Roots come to the surface on his property - who has to cover them with soil.
Leaves fall into the neighbors gutters.
Roots penetrate neighbors sewer line - who pays for unclogging. On and on.
Esthetics of trimming.
Of course this works both ways, because I may be getting leaves form his
tree as well.
Everyone in the neighborhood benefits from having trees around, but some of
my neighbors are not rational in this respect - as least in my opinion.
Regards,
Rich
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| hallerb@aol.com 2006-04-28, 6:21 pm |
| whatever is on their property is theirs to do with as they want.
tree roots in neighbors yard, they can dig and chainsaw.
overhanging branches become theirs at property line.
if your otherwise healthy looking tree blows over in a storm and
destroys their home it became their property when it was airborn and
crossed your property line...
dont laugh my tree came down and flattened neighbors car, it wasnt my
problem.
if i had been warned tree looked hazardous, then my insurance would be
liable.
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| trader4@optonline.net 2006-04-28, 7:21 pm |
| Are there any universal laws, or state laws dealing with tree and
neighbor
issues?
Ex. Leaves from my tree fall on the neighbors yard - who cleans it up.
The neighbor
Roots come to the surface on his property - who has to cover them with
soil.
No one has to. If the neighbor wants to, it's up to him
Leaves fall into the neighbors gutters.
The neighbor cleans them
Roots penetrate neighbors sewer line - who pays for unclogging. On and
on.
Neighbor pays
Esthetics of trimming.
In general, you can trim a tree that is not on your property back to
the property line. But you have to do it in a reasonable way, ie try
as best as possible not to harm the tree. I'd also be careful about
cutting roots from a neighbors tree. Certainly if they are causing
problems, you can trim them back. But if you went out and just
starting cutting roots off from a healthy tree that;s on your neighbors
property, for no reason at all, and the tree died, the neighbor could
sue and might win.
If a tree from your property falls onto the neighbors house, it's his
problem. Unless the tree was obviously a danger due to rot, or you had
been told the tree was a danger, etc, then the neighbor would have a
negligence claim against you.
Of course this works both ways, because I may be getting leaves form
his
tree as well.
Everyone in the neighborhood benefits from having trees around, but
some of
my neighbors are not rational in this respect - as least in my opinion.
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Talk to your neighbor, don't be an XXX and plant trees anyway.
Or move trees few feet to your property.
Don't plant tree next to they drains, sidewalks, etc.
You know trees are going to destroy those.
Yes the trees you planted will be your neighbors problem.
But in the end you might not like how they will deal with this problem.
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| Joseph Meehan 2006-04-28, 9:21 pm |
| RichK wrote:
> Hi,
>
> This may be old subject for some, but new to me. Bought a place not
> long ago and have few trees at the edge of my property.
>
> Are there any universal laws, or state laws dealing with tree and
> neighbor issues?
>
First there are common laws, but they are not universal. Local areas
can and do make their own laws. You need to check locally.
Remember that it is not always the law that should rule. Generally good
relations with your neighbors is worth more than the law.
--
Joseph Meehan
Dia duit
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| RichK 2006-04-28, 10:21 pm |
| Thanks hallerb and all,
Thanks for the responses.
The trees are about 20 years old, so I did not plant them. Just got this
place within a year.
The neighbors have lived here much longer than I and apparently were not
bothered by the trees.
All questions I asked were hypothetical, except one. There are hefty roots
at the surface of my neighbors yard, that emanate from my tree. It's
possible that they are at the surface due to soil erosion (on his side), as
the land slopes down.
He has asked me to "do something about it" as it's my tree and the roots
"pose a problem" to his lawnmower and possibly children. Mind you, he has
no children.
I suggested that he deal with the roots as he pleases. This however would
make the tree weaker and at that point he could tell me that the tree is a
hazard. Albeit caused by him.
[hallerb said:]
> if i had been warned tree looked hazardous, then my insurance would be
> liable.
I guess what looks hazardous to one, may not to another. These days with
digicams, one can document this and let a third party determine that.
I'm all for getting along, but only with a reasonable people.
Regards,
RichK
<hallerb@aol.com> wrote in message
> whatever is on their property is theirs to do with as they want.
>
> tree roots in neighbors yard, they can dig and chainsaw.
>
> overhanging branches become theirs at property line.
>
> if your otherwise healthy looking tree blows over in a storm and
> destroys their home it became their property when it was airborn and
> crossed your property line...
>
> dont laugh my tree came down and flattened neighbors car, it wasnt my
> problem.
>
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| mrsgator88 2006-04-29, 12:21 am |
| "RichK" <me@isp.net> wrote in message
news:QaOdnY-Yfq51K8_ZnZ2dnUVZ_tWdnZ2d@comcast.com...
> He has asked me to "do something about it" as it's my tree and the roots
> "pose a problem" to his lawnmower and possibly children. Mind you, he has
> no children.
>
> I suggested that he deal with the roots as he pleases. This however would
> make the tree weaker and at that point he could tell me that the tree is a
> hazard. Albeit caused by him.
In my town you are responsible for the part of the tree on your property,
but, in dealing with a tree, you cannot damage the tree. I think these laws
are typical but still. So the roots are probably your neighbor's problem,
and he's probably SOL if he wants to do something about it, but double check
with your city building department.
S
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RichK wrote:
> Hi,
>
> This may be old subject for some, but new to me. Bought a place not long
> ago and have few trees at the edge of my property.
>
> Are there any universal laws, or state laws dealing with tree and neighbor
> issues?
>
> Ex. Leaves from my tree fall on the neighbors yard - who cleans it up.
> Roots come to the surface on his property - who has to cover them with soil.
> Leaves fall into the neighbors gutters.
>
> Roots penetrate neighbors sewer line - who pays for unclogging. On and on.
> Esthetics of trimming.
>
> Of course this works both ways, because I may be getting leaves form his
> tree as well.
>
> Everyone in the neighborhood benefits from having trees around, but some of
> my neighbors are not rational in this respect - as least in my opinion.
>
> Regards,
>
> Rich
I'm really surprised that the 2 experts on this subject haven't
"chimed" in yet. LOL
Rich, do a Google Group Search on this subject. ; )
This group, btw.
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