Another cutting the tree over my property question

[Joseph W Santora]

I want to cut the part of my neighbors MASSIVE oak that hangs over my house and utility lines. Thing is that that would be ~2/5 of the tree and would leave it terribly lopsided. I'd be worried that if it fell on his house I'd be liable. Thoughts?

Joe

 

[atpchas]

Have you broached the subject with your neighbor? Perhaps the two of you could split the cost of a reputable arborist to make recommendations. The utility company might have some useful input, as well.

Pictures might help generate more helpful, specific feedback.

 

[SCMtnHaul]

At least where I live, the law states that ANY plant that hangs over the property line is fair game. Of course it would be ideal to consult with your neighbor and come to an agreement before taking action but if your neighbor is "difficult" then just take matters into your own hand. I can't imagine a court finding you liable down the road just because you cut off the portion that hangs over your property. An onsite visit with an arborist ought to clear up any health-of-tree questions.

FWIW I am regularly cutting things that overhang my fence/property line because I'm surrounded by neighbors who don't give a crap about maintaining anything. I'm more than a little bitter towards my neighbors and don't care about offending them at this point, but if I had good neighbors I would tread lightly and be more willing to compromise in the interest of mutual peace.

 

[ElevatorGuy]

I would definitely speak to the neighbor first but I’d also cut anything I wanted or need to on my side of the line. The power company will be useless unless you want the tree hacked up and/or dead.

 

[sean donato]

Generally you can cut anything on your side of the line, but it's best to check with local ordinances. I can cut trees on my side of the line, but I can't do anything that would result in the tree (plant bush whatever) dying, directly or indirectly. Ie the leaners that start on my neighbors property and predominantly lean over on my side can't be hacked off where the trunk leans across the property line.