Ivy - friend or foe

[John Paul Sanborn]

so then once the tree crosses the line you own that too, which was my original point

Not that simple; it is in joint ownership, so both parties may have responsibility towards preservation. If radical trimming causes the tree do die, it leaves the other party with at least a financial liability. If the tree work creates a defect that causes property damage or bodily injury then the practitioner and the client have been held liable.

I heard of one case where the work caused a defect where a reasonable person could assume there was a greatly elevated risk of failure and the courts required the practitioner to finish removal at his own cost. My recollection is to the effect that he had no proof that he told the client that the treatment could cause the tree to fail.

These cases are few and far between, but one should be aware of them.

I have a staged removal of a massive willow that I always offered to remove the entire tree each year. It is 1/3 to 1/2 done and the client is selling the house now. I'm mildly concerned that the new owners may want me to do something for nothing since I am the knowledgeable party.

 

[mckeetree]

These cases are few and far between, but one should be aware of them.



Yep. Few and far, far between.

 

[treeseer]

so then once the tree crosses the line you own that too, which was my original point

True, but you have no right to damage or destroy your neighbor's property in their part of the tree.
When in doubt, try Kant's categorical imperative aka the Golden Rule.

These cases are not all that rare; I've had a dozen at least.

 

[John D]

True, but you have no right to damage or destroy your neighbor's property in their part of the tree.
When in doubt, try Kant's categorical imperative aka the Golden Rule.

These cases are not all that rare; I've had a dozen at least.

Ivy is a threat to humans and pets who go near it,I get poison ivy anytime im near it doing yar work.I'd remove it at the property line ,dont tell me a judge would rule against you removing there ivy from your yard esp considering it is a risk to you ,and presents no benefit to either party.

 

[asthesun]

Ivy is a threat to humans and pets who go near it,I get poison ivy anytime im near it doing yar work.I'd remove it at the property line ,dont tell me a judge would rule against you removing there ivy from your yard esp considering it is a risk to you ,and presents no benefit to either party.

didnt he say it was ivy, not poison ivy specifically? its kind of vague but i assumed it wasnt poison since, i mean, who wouldnt want poison ivy removed?