Neighbor wouldn't allow Oak Leader to be cut past property line, tree may die?

[demomike]

Is that fence on the corner of your property line?
My guess is that tree is dropping limbs because it's dying.
What about that tree next to it, on the left in the photo? Is it not dropping limbs also?

My property line goes about 4' beyond the fence. That tree to the left dropped the top half on my fence last year. They are all leaning over property towards the Sun.

 

[TNTreeHugger]

My property line goes about 4' beyond the fence. That tree to the left dropped the top half on my fence last year. They are all leaning over property towards the Sun.

Did your neighbor have to pay for your fence damage last year?

Can you post a photo of the lower trunk/base of those two trees? Just curious.

I zoomed in on the woods in your photo and see quite a bit of dead wood and bark missing of some branches.

 

[demomike]

Did your neighbor have to pay for your fence damage last year?

Can you post a photo of the lower trunk/base of those two trees? Just curious.

I zoomed in on the woods in your photo and see quite a bit of dead wood and bark missing of some branches.

It wasn't much damage and I was able to pop it back together so I didn't bother ruffling any feathers. Plus I think MA law states anything that falls on your property is your responsibility.

I attached a pic from my surveillance cam zoomed into the trunk bases. As you can see there is dead wood everywhere.

 

[TNTreeHugger]

You live in the woods - there's gonna be dead wood everywhere.
If your neighbor doesn't want those trees cut down, I think you're just going to have to wait and hope for the best.
At the least, cutting that limb back took some of the weight off of the "Y" split.
Good luck

 

[leaf]

I get the sense the spite runs both ways. Since the tree belongs to your neighbor, technically so do the branches. Why was it so important to cut the tree versus simply throwing (ahhh giving back) the branches on your neighbor's property? I have red oaks, yes they shed branches occasionally but it is not like watching leaves fall. This couldn't that been that big a problem.

Massachusetts law indeed says that "ownership" in the tree (as a "wood resource," etc.) goes with the location of the bole. BUT Massachusetts law says a lot more "nuanced" things about branches, and cutting branches, and about trees that are obviously significantly diseased, and about trees that are healthy. Long and short, if the tree is in good shape, your neighbor can be required, by reasonable "arborist standards" to maintain it (including reasonably removing dead branches before they fall on your lawn). You don't have the right to remove branches at will unless you can show "legal nuisance."

 

[SeMoTony]

Massachusetts law indeed says that "ownership" in the tree (as a "wood resource," etc.) goes with the location of the bole. BUT Massachusetts law says a lot more "nuanced" things about branches, and cutting branches, and about trees that are obviously significantly diseased, and about trees that are healthy. Long and short, if the tree is in good shape, your neighbor can be required, by reasonable "arborist standards" to maintain it (including reasonably removing dead branches before they fall on your lawn). You don't have the right to remove branches at will unless you can show "legal nuisance."

The split below the place of the cut wood indicate nuisance factor since the right wind wood lead to a large size branch falling on whoever or whatever might be below. I haven't seen any attorney's speaking up just those who look at a written part of the law and reach a conclusion without researching previous case law (heard in front of Judge with conclusions)