Advice on Tree felling

[TDunk]

I did a post ealier on these trees but for another reason. My buddy's nieghbor has been giving him a hassle over wanting to take these two trees down. He first wanted to limb the tree closest to the houses up high enough to get it away from the house, the other tree just the limbs closest to the ground. The neighbor won't go for it, she doesn't want any limbs taken off her side of the tree because she says there her trees (And i told him i'm not going to do it on an extension ladder) So he went to the court house, got all the boundry measurements marked it all out, and 3/4 of the tree are on HIS property. He told her this, now she says that she wants the property serveyed. I personally haven't been in this buisness long enough to know all the legality issues here. Any input would be great.

 

[1953greg]

thats not your battle

stear clear til they can agree

 

[Jack_Shaft]

Can't understand why she'd want the trees down, they're quite beautiful and certainly very healthy.

Limb them properly to keep the limbs from rubbing on the eave/ house and call it a day. I suppose if you're comfortable doing it from a ladder, you could do it from scaffolding.

You don't have any climbing gear, do you?

 

[Jack_Shaft]

thats not your battle

stear clear til they can agree

Yes, this is the obvious, sound advice.

....then again if the hag comes out to hound you, you could "accidentally" drop that top handle saw

Just kidding.



















that would dull up your chain

 

[djmercer1]

im an engineer that has spent time in municipal development, but i cuation you to take my advice for what its worth as you municipal laws may differ.

in my area(s) there are setbacks that dictate the location of shed, fences, trees etc to avoid disputes like this. in my reading of my bylaws, the percentages of the tree stump on seperate properties isnt an issue---effectively either party can cut it down. similarly, a homeowner who has branches overhanging his property can prune without permission of the 'tree owner' to the edge of the property line.

my advice in short would be for your friend to get a legimate property survey(have pins placed), and then to discuss what he intends to do with the tree(s) with the neighbour(s) and proceed---after getting any permits needed by the municipality.

if the neighbour doesnt want be sensonable there isnt a whole lot than can be done. as noted above, make sure your friend has the boundary/ownership issues settled by a profesional before you do anything....

 

[TDunk]

HAHAHA. I do have tree climbing gear, that's not a problem. I never though about the scaffolding. He wanted to take them down at first, then he decided to just limb them, but not he's to the point he wants to take them down just p!ss her off.

 

[TDunk]

im an engineer that has spent time in municipal development, but i cuation you to take my advice for what its worth as you municipal laws may differ.

if the neighbour doesnt want be sensonable there isnt a whole lot than can be done. as noted above, make sure your friend has the boundary/ownership issues settled by a profesional before you do anything....

When we marked out the property we did find stakes (jsut below the grass line) I took those to be servey stakes, i'm guessing i was wrong then ???

 

[djmercer1]

When we marked out the property we did find stakes (jsut below the grass line) I took those to be servey stakes, i'm guessing i was wrong then ???

typically, stakes(wodden pins) arent used for marking boundary lines, normally iron pins(pieces of rebar with the surveyors id info permanently attached) are. the stakes could be markers placed by construction crews or property owners marking boundaries---neither of which is binding.

bottom line---acurately determine the boundaries and check with the municipality on tree removal procedures....

 

[geofore]

pob

What was the Point Of Begining? and is your guy a surveyor? www.i-boards.com/bnp/pob/ Get a metal detector and find the pins or pay the suveyor to do it at cost$$. Where the line is is not your fight but you need to know if the neighbors are fighting and never cut a tree just to piss off the neighbors. I have turned down many jobs $$$ I am not willing to cut down a tree just to piss off your neighbor. I am a member on the POB website.

 

[NapalmDeath]

. similarly, a homeowner who has branches overhanging his property can prune without permission of the 'tree owner' to the edge of the property line.

In my area you cannot do this. I had an issue with a neighbors tree two years ago and contacted the Town Hall to inquire about this before I confronted my neighbor in case he wanted to fight me on this. According to my town, you cannot just go outside and cut your neighbors tree without their consent. Even then a certified arborist is supposed to trim the tree an case the tree is cut improperly and suffers damage or dies. Luckily my neighbor was nice and we removed the tree and it heated my house last winter.:greenchainsaw:

 

[huskydave]

Well I don't know about you guys but I wouldn't want to get stuck in the middle of this one. I can see it now your just prunning the tree and shes got a video camera and the lawyer on speed dial if anyone or anything crosses the property line I would just stay out of it until they can come to an agreement or a comprimise. Then drop them both and get twice the respect.

 

[TDunk]

I'm not getting in the middle of things here. I personally haven't even met her yet. I'm just trying to get some other input on what he can do legally. And the stakes in the ground were iron 1" iron pipe (sorry for not clarifing that) I did see where someone had welded something on on the stakes (on all of them ) but i couldn't make out what it was. Thanks for the help