# Tree branches hanging over neighbor's property



## AKTS

Bid a job for a guy, a removal in front on his property, trimming on side--borders one neighbor and trimming in back--is neighbor's tree but branches hang 20' over his side of line and over garage roof, fence, etc.
He calls today, 
removal in front no problem-it is his.

trimming on side-neighbor has no problem with him having the trees trimmed

neighbor in back-does not want tree touched. 

Our client basically wants us to deal with the guy an he will give us the job, I said no can do-it is up to you to take care of it, I don;t do neighbor disputes.
He asked if we will just cut it like we talked about since it his side if the line...I think we can do that, but how do I know for sure? the client is the one paying to have it done not the neighbor who owns the tree.

I don't want to get sued for cutting a tree, then the client gets it done for free and I get screwed.

He asked about us doing a risk assessment so he has something showing the tree is hazardous and if the neighbor refuses to allow it to be trimmed and something happens he can go after him in court because he(neighbor) was negligent. 

The problem with the risk assessment is I can't do an aerial assessment cause the neighbor won't let me in the tree. 

WWYD??


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## tomtrees58

bail tom trees theirs other jobs


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## ASD

DO NOT CUT NEIGHBORS TREE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
You will get in trouble !!


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## rbtree

Not necessarily. Within reason, you have the right to cut encroching branches or roots that invade your property. However, there is a caveat. If the tree dies or fails, you could be held liable. 

Rules vary from state to state, and are loosely based on legal precedent.

It is always better to try to deal with the recalcitrant tree owner.


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## BC WetCoast

Here, you can cut any branches that trespass on your property ie hang over the fence. You can cut up to the property line.

I've never heard of anyone being held liable if the tree dies as a result of the damage.

I had a client who owned a tree that was about 2' from the property line. The neighbour relandscaped their yard and cut all the roots at property line. There was a lot of fighting who was now responsible for removing this now hazardous tree. Ultimately, the electrical utility paid for removal as it was a risk to the power lines. I was never able to follow the situation through to completion, but my client never recieved any compensation.


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## Slvrmple72

Obviously, if you climb the tree on the neighbors property that is trespassing but you can work on the limbs that hang over the property line ( ie: prune/remove ) You want to do the tree right, the neighbor right, and the customer right. I have an interesting job coming up that involves removing a Silver Maple limb that is from the neighbors tree and growing up into the canopy of the customers Red Maple. The limb has split from Hurricane Ike's aftermath and ideally should be removed all the way to the trunk but I can see that the owner of the Silver is going to be trouble. I will keep you guys posted.


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## Panama

*What has worked for me...*

I have had this situation several times where the neighbors don't get along, and just wanted to share what worked for me. 
I tell the homeowner that I will speak with the owner of the tree and see if I can work something out. I approached the owner when the client is not at home, or ask them not to come outside while I speak with the tree owner. I explain to the tree owner that the neighbor wants all limbs overhanging his property cut (ground to sky) and that he is allowed to have that done. I tell him that if he would be willing to allow me to cut the limbs off at the branch collar, where they are suppose to be cut, the tree would look and seal much better, and I would see if the neighbor would agree to removing only the longest / lowest limbs. I explain this to both parties while actually looking at the trees in question, starting with the guy that wants the limbs cut, and use a green laser pointer to ID the limbs to be removed. 
It's nice to leave a row of trees looking decent, instead of a side hack job, and leave the three of us with a win-win-win situation. It may seem like too much time to get the job, but they will both recommend you highly for years to come.


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