# Neighbour dispute. Any advice?



## Sapling (Mar 20, 2008)

I have two neighbours who are becoming more and more angry with one another over tree issues. I have done a little research and am looking for some opinions and advice, particularly those of you who have dealt with this type of situation before. 

The neighbourhood is an older innercity neighbourhood with mature trees and old homes. There is a lot of new development happening in our booming city and one neighbour (neighbour A) is building an infill (two houses side by side on the same lot). The other neighbour (neighbour B) has agreed to have a portion of her spruce tree trimmed back (by another arborist) to provide clearance but the tree is still encroching on neighbour A's property where the construction will take place. Neighbour A really wants to trim the tree back to the property line but I advised him to let a professional look at it first so that we can assess the previous work and figure out how much more trimming the tree will need. We do not want to cause an major damage / harm due to excessive cutting.

Really that is the least of my worries....neighbour A will begin construction soon and will be digging up the ground all around his property. The concern I have is all of the major tree roots he will be severing / damaging due to construction. Apparently the tree in question on neighbour B's property is already leaning towards neighbour A and I am afraid of what might happen if he digs up her tree's roots. Neighbour B DOES NOT want to cut down her tree nor does she want any further trimming done. 

What will happen if neighbour A continues with construction and causes the decline of neighbour B's tree? What if the construction on neighbour A's property compromises neighbour B's tree and it falls over during the construction process or in the future during a windstorm, etc? There are several scenarios here and I have never had to deal with neighbour's fighting over roots before....any advice? What are the developers rights and what are the tree owners rights?


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## corndogg (Mar 20, 2008)

The rule I have heard and followed is neighbor A can cut any limb overhanging their property up to the property line. Neighbor A can also dig up thier property all they want up to the property line. Sucks for neighbor B but that's how it goes. Trees are often a source of neighbor disputes and that's what I tell my customers. Spruce often up root anyway, and it's leaning toward neighbor B and roots will be cut on neighbor A side. Sounds like a bad situation and it better come down before it falls. How tall?


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## Sapling (Mar 20, 2008)

It is a mature tree...likely 40 to 50 years old, give or take. It is about 65 to 70 feet tall. 
We always tell our customres that they have the right to cut back to the property line as reasonably possably without causeing the deline of the tree. The root thing however is all new to me. I guess neighbour A is concerned that if neighbour B won't be reasonable (in his eyes) and something does happen to the tree, neighbour B will take him to court. But if neighbour B won't listen to what may potentially happen and work with neigbour A to prevent the potential for both property and human safety, what can you do? What can neighbour A do to cover his butt if something happens?

I guess if he can prove that he took every precaution and documents his actions and his attempts at trying to involve neighbour B, thats all he can really do...what do you think?


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## loveroftrees (Mar 20, 2008)

pictures pictures pictures...video video video..... are you getting my drift?


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## tomtrees58 (Mar 20, 2008)

the rule ??? not do not cut aney thing without ok you will be sorry thats the rule tomtrees put in ink or $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$


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## treeseer (Mar 20, 2008)

corndogg said:


> neighbor A can cut any limb overhanging their property up to the property line. Neighbor A can also dig up thier property all they want up to the property line. it better come down before it falls. How tall?


Do you own any tools besides chainsaws? You are preaching arborphobia here, that is not in line with current court cases, or common civility.

Do unto others as you would have them do unto you--sound familiar?


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## Sapling (Mar 20, 2008)

Does anyone ever have any useful information / opinions around here or do you men just enjoy bickering at each other? Why does every man think his opinion is the right one? Why not an intelligent conversation / discussion?
I am using the Arborist 101 forum to try and gain a little 'expert' advice and discuss questions and issues with people who have some knowledge to offer me.


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## tomtrees58 (Mar 20, 2008)

fool cut the tree and get some not so nice mail ink do you get it tom trees


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## masterarbor (Mar 20, 2008)

tomtrees58 said:


> the rule ??? not do not cut aney thing without ok you will be sorry thats the rule tomtrees put in ink or $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$



tom, i always have a hell of a time reading your posts. could you use some punctuation? i'm not being antagonistic or looking for a response, i just have trouble reading them sometimes.

cheers, kevin
:monkey:


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## masterarbor (Mar 20, 2008)

Sapling said:


> Does anyone ever have any useful information / opinions around here or do you men just enjoy bickering at each other? Why does every man think his opinion is the right one? Why not an intelligent conversation / discussion?
> I am using the Arborist 101 forum to try and gain a little 'expert' advice and discuss questions and issues with people who have some knowledge to offer me.



i believe he's raised a good point.


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## Sapling (Mar 20, 2008)

tomtrees58 said:


> fool cut the tree and get some not so nice mail ink do you get it tom trees



I hope you are not referring to me as "fool"! 

If in fact you are please be aware that; 
A. I am trying to get general information and advice. The "ink" thing...no ####! What do you think I am going to just go in there and tell the property owner to do what ever he wants? I am very wise and cautious when it comes to these types of disputes. 
B. First thing is first ...assess the tree and the potential hazards. Neighbour A can then discuss with neigbour B. 
c. Eventually neighbour A will begin construction and WILL dig up some of neigbour B's tree roots. What happens after that is unknown. I have nothing to do with the construction nor does neighbour B. The only thing I can do is have one of our arborists assess the tree, advise as to what may be a potential hazard (we cannot predict the future) and insist that neighbour A share the information with neighbour B so that they can try and work on this problem together. Neighbour A is very willing and they are communicating. 

I am trying to gather information for possible scenarios. I like to be prepared and knowledgeable. Yes I guess I could just go out ad buy some books on the topic and speak to law professionals about property owners rights, and past cases of tree disputes but hey I just figured I would ask today since the topic was on my mind. Getting the advice of other tree care professionals with experience seems to make sense to me!


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## Sapling (Mar 20, 2008)

masterarbor said:


> i believe he's raised a good point.



FYI...it is SHE. But thanks! LOL


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## Nailsbeats (Mar 20, 2008)

Sapling said:


> Does anyone ever have any useful information / opinions around here or do you men just enjoy bickering at each other? Why does every man think his opinion is the right one? Why not an intelligent conversation / discussion?
> I am using the Arborist 101 forum to try and gain a little 'expert' advice and discuss questions and issues with people who have some knowledge to offer me.



I am glad you brought that up, it's a biatch to get good info around here, everybody's trying to cover their butt, or drum up their own work by bragging up their credentials and putting the next guy down. Welcome to the forum and try to stay sane. I was told by a guy that it used to be better around here, but a lot of the "good" guys left. Sad. Sorry, I can't offer any help on the tree, you will have to feel the situation out on your own, sticky deal for sure.


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## yooper (Mar 20, 2008)

tomtrees58 said:


> fool cut the tree and get some not so nice mail ink do you get it tom trees



Dude, perhaps you have been riding on my bus to long, get off and don't be such an a$$hole! Do you get it? Probably not. That's second grade $hit.


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## yooper (Mar 20, 2008)

I'm sure the laws differ from place to place. especially between the US and Canada. moral issues don't hold up in court(at least not here) so you should look into the law of the matter. good luck wish I could help.
I also got a little confused with the neighbor A and the neighbor B part...............I ride the short bus!


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## treemandan (Mar 20, 2008)

Sapling said:


> FYI...it is SHE. But thanks! LOL



Oh why didn't you say so? How U doin? Total joke please forgive me but here is what's up.
That guy Tomtrees, well he's funny and I think( I said I think) that he said if you cut the tree someone will send you a letter to go to court. I would bail but I don't know the whole story.

This business is full of crazy, case in point, your senerio. You just let people know what you are going to do and have them sign off on it and pay you. Be impartial and only put the truth down when you write a proposal, put all your findings and professional recomendations and give to to the people who run the show, step back and say "what do you want me to do? If i spend anymore time on it I will have to charge you." If they need any more of your time, well there you go.
Would you like to come to my free saw demo?


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## yooper (Mar 20, 2008)

TreeCo said:


> I've sent Tomtree a PM a couple of days ago asking him to please take a little more time and write a decent sentence but it appears he's not interested. :deadhorse:



Sorry I just wanted to see ya spank that donkey again!


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## Sapling (Mar 20, 2008)

What's the point of putting anything in ink if no one can make any sense of it? Maybe that's how he gets away with it...LOL 
Sorry I know I was just complaining about this sort of thing and now I am doing it. Hahahaha. He called me "fool" so I get to have one jab. LOL


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## Sapling (Mar 21, 2008)

treemandan said:


> Oh why didn't you say so? How U doin? Total joke please forgive me but here is what's up.
> 
> Would you like to come to my free saw demo?



Where treemandan? Tell me more. You are not going to ask me to hand out beer are you...just kidding.


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## treemandan (Mar 21, 2008)

tomtrees58 said:


> the rule ??? not do not cut aney thing without ok you will be sorry thats the rule tomtrees put in ink or $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$



I do not see what is so hard to understand, its like the international sign for 'don't do what you are talking about with out getting proper permission or you will be sorry'.
well put there Tom, put a little different but still, well put.


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## treemandan (Mar 21, 2008)

Sapling said:


> Where treemandan? Tell me more. You are not going to ask me to hand out beer are you...just kidding.



That demo brings in many oppurtunities guys. My wife is impressed.

But back to topic , maam. You have to take all things into consideration and there a issues that need to be summed up. 
Possibly the tree is a wreck allready and should be removed but for someone that tree might mean a lot . The 'owners' of the tree might just want to be hard. Whatever.
If you think you have a cause, well then pursue by all means but do it right.
working together is probably going to be required for MR. A and B and if you think there is going to be a ripple that will tip you over then get the F out!
As you can see we get entertained quick, so if you can( I can't) post pics and let us know. I didn't exactly mean entertained in like we think its funny but more like "we will entertain this notion".


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## Sapling (Mar 21, 2008)

Thanks everyone!
I guess the main thing is to be on both sides. I have every intention to speak to both people involved. It is not always fair to take sides. Removing a beautiful tree if there is no just cause is always a sad thing. But on the other hand new development in these old inner city neigbourhoods is inevitable and sometimes we take out perfectly good trees for the developers (when on their property) so that they can make a buck (or many bucks as is the case around here these days). The tree owner needs to be informed as to what may potentially happen to her tree due to the construction damage next door. The more she knows the better she will be suited to make a decision regarding her tree. I will step lightly and act as a source of information to these people. And yes TomTree, I get what you are saying and I agree. It is always best to have things in writing which is why I mentioned earlier.... documentation. I am aware of some of the general laws related to neighbour disputes in my city and none of the above information I have discussed was speculation. Believe it or not...I do kinda have a clue what I am doing.  
Thanks again everyone!

P.S. Has anyone read Arboriculture and the Law and is it worth purchasing?


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## forestryworks (Mar 31, 2008)

the law here is whoever's side of the fence the trunk is on... it's that person's tree... and you have no right at all to cut anything back to the property line...
if you do, the tree owner has every right to sue...


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## masterarbor (Mar 31, 2008)

forestryworks said:


> the law here is whoever's side of the fence the trunk is on... it's that person's tree... and you have no right at all to cut anything back to the property line...
> if you do, the tree owner has every right to sue...



in ohio, anything that hangs on your property can be vandalized.


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## juststumps (Mar 31, 2008)

this is some new jersey law from a lawyers site,, hope it helps..

http://www.njlawblog.com/2007/06/ar...ing-tree-branches-and-encroaching-tree-roots/


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## zopi (Mar 31, 2008)

Ummm...nobody has poked this in...but...what is your interest exactly?

to keep them from getting into it over a tree?

my advice: stay out of it. 

ever interrupt a couple of cats fighting?

they will turn on you...then go back to fighting..upshot..you lose twice....


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## juststumps (Mar 31, 2008)

another one...

http://www.uslaw.com/library/article/TNPPropertyCol0725.html


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## 046 (Mar 31, 2008)

all these laws posted mean very little for you. unless they are for your specific jurisdiction. 
stating the obvious... Canadian laws could be completely different than US laws..

since you are splitting the finer points. it would help to find exact laws that dictate rules for trees. note sometimes case laws determines how things fall. 

a local attorney that's done this before is who you need to consult with. 

that said... if possible, personally I'd stay the h*ll out of this mess brewing...


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## A. Stanton (Apr 1, 2008)

I would say Neighbor A can do anything he wants on his property. However, having said that, and I'm no attorney, I would advise him to check his local regs for set-back requirements. My thinking is that if he imperils Neighbor B's tree by digging deep near her line, without regard for the "set-back area," he may be liable for that tree dying.


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## (WLL) (Apr 1, 2008)

looks like the tree is tresspassing. but things like this can go either way,im sure the judge will decide.who ever planted the tree should have did some better planning and this would have ben avoided. i feel the property owner should be responsable for his property:deadhorse:


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## squad143 (Apr 4, 2008)

I would suggest that you contact the Town/City in which this problem exists and find out what their Bylaws are in regards to your questions. Each region has different rules. Ask the local civic employees, they are the ones who will know what the rules are for your area. Good Luck.


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## Sapling (Apr 4, 2008)

Just an update......

Neighbour B is still being very difficult and doesn't want her tree touched. The house has been demoed and construction will begin shortly. I have been in touch with neighbour B's Arborist and we both agree that these people are both very strong headed and are not making it easy on one another. They have agreed to go to mediation and talk about it.

And so that you are aware, the general rule around here is that you can cut a neighbouring tree back to the property line as long as you do not cut off so much that you cause the death or decline of that tree. As I have already stated, I am more concerned with the ground disturbance and the root damage. The tree already has a slight lean toward neighbour A's property and I have been forwarding information to neighbour B so that she is aware of potential problems. I am pretty much done with this.....I have chosen to watch from afar. I will inform as to potential issues associated with construction, etc but if the tree falls over onto neighbour A's property during construction or the tree dies in 5 years because of damage...oh well. I warned her. I cannot predict the future. They will have to go to mediation and talk it out.


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## squad143 (Apr 4, 2008)

Sapling;977094I have chosen to watch from afar.QUOTE said:


> You're much better off to have chosen this route from the sounds of things. Usually when things get ugly, nobody wins.
> 
> Glad to hear the parties have gone to mediation. There might be some hope to their future as neighbors... but I doubt it.


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