Possible Scenario

[RVALUE]

Here, a HO has the right to trim a neighbor's tree 'to the property line'. Even if it is leaning towards his house, etc.

Does a neighbor have a right to stop the neighbor's removal if part of the tree hangs over the fence?

I doubt it.


We trimmed some trees that were a few feet inside the property line, and the neighbors raised heck. They wanted the shade.

 

[imagineero]

so you're asking if the tree owner has the right to stop a person from trimming back part of their tree that protrudes over the property? Generally not, but it varies from place to place.

In aus, most states have a tree preservation order which says what can and cant be cut. Some trees are exempt from needing permits in most areas, and some scenarios make all trees exempt from needing permits, but most trees need a permit for removal or significant pruning. Generally in most areas you can still prune up to 10% within any 12 month period.

Within the above rules in most states a person has the right to prune trees that enter their property whether the tree is in their yard or not. If it's beyond 10% you want to prune you can apply for a permit to do it, but without a good reason you probably wont get one. In some states not only can you prune the tree, but you can return the branches to the tree owner (!) forcing them to dispose of it.

I've never seen the above scenario but pretty much weekly we do get abuse from a neighbour who didn't want their tree pruned. I stop and explain the situation, and beyond that just carry on if they are abusive. Have been hosed a couple of times.

Generally its the same story on every job though... turn up to prune a tree and someone will walk past telling you that you ought to cut them all down. The next person will insist that not a single leaf be touched. Someone will insist you need a permit, the next person will be ordering you to go ahead and cut it down without applying. I just get on with the job.

Shaun

 

[Grace Tree]

I'd say no. The HO could only deal with encroaching or trespassing limbs onto their property with no rights to control trees not on their property. No more than they could force the neighbor to paint their house a certain color.
Or something like that,
Phil

 

[sgreanbeans]

HO1 has a tree that greatly shades HO2's house. HO2 is mad that the tree is coming down and wants you to stop, nope. Nothing he can do, even if branches ar over in HO2's yard.

HO1 wants branches pruned back to the line from a tree on HO2 property. Ho2 cannot stop him unless it is detrimental to the tree, the Arborist needs to make proper cuts, if Ho2 will not allow him access to get to part where proper cut is done, then branch should not be pruned.

Unfortunately, I have been caught in the middle on a couple of occasions.
Actually seen I guy get punched by a big fat woman over this stuff. She went to jail over the fact that she did not want me to cut anything on her property, I tried to explain that it was what the tree needed, not that I just wanted to cut a branch. I walked away!

 

[RVALUE]

HO1 has a tree that greatly shades HO2's house. HO2 is mad that the tree is coming down and wants you to stop, nope. Nothing he can do, even if branches ar over in HO2's yard.

HO1 wants branches pruned back to the line from a tree on HO2 property. Ho2 cannot stop him unless it is detrimental to the tree, the Arborist needs to make proper cuts, if Ho2 will not allow him access to get to part where proper cut is done, then branch should not be pruned.

Unfortunately, I have been caught in the middle on a couple of occasions.
Actually seen I guy get punched by a big fat woman over this stuff. She went to jail over the fact that she did not want me to cut anything on her property, I tried to explain that it was what the tree needed, not that I just wanted to cut a branch. I walked away!

You Got It!

 

[Bigus Termitius]

LOL. If you can find a way for those branches that give the neighbor shade to stay up there by themselves I say have at it. Otherwise, I recommend planting their own tree, or put up an awning or tent or something in the meantime.

Seriously though, if the tree is the HO's responsibility, then it only stands to reason that they have control. Often if a tree has to come out, it's in everyone's best interest. If the tree needs maintenance, it's that simple as well.

Funny thing about people's neighbors, often gripe cause the want the shade in the summer, and turn around and gripe about the leaves and what not in the fall. And if the thing should fall in their yard, on the car or house.......yep, you got it....no more happiness.

Ask your neighbor to pitch in on the maintenance bill, or worse yet, ask them to sign a liability wavier and see how much he wants his shade...lol!

 

[Bigus Termitius]

HO1 has a tree that greatly shades HO2's house. HO2 is mad that the tree is coming down and wants you to stop, nope. Nothing he can do, even if branches ar over in HO2's yard.

HO1 wants branches pruned back to the line from a tree on HO2 property. Ho2 cannot stop him unless it is detrimental to the tree, the Arborist needs to make proper cuts, if Ho2 will not allow him access to get to part where proper cut is done, then branch should not be pruned.

Unfortunately, I have been caught in the middle on a couple of occasions. Actually seen I guy get punched by a big fat woman over this stuff. She went to jail over the fact that she did not want me to cut anything on her property, I tried to explain that it was what the tree needed, not that I just wanted to cut a branch. I walked away!

You've got to start carrying a camera, can you imagine what that footage might be worth?

 

[sgreanbeans]

You've got to start carrying a camera, can you imagine what that footage might be worth?

I do now! Need to get an I-Phone for the video's!
The best one was when I was working for Gothic in San Diego.
We took care of this run down old condo assoc in Lake Elsinore. Did all the maintenance. Had a crazy lady that was always stirring it up with the other residents. Had one of my foreman, Delfino, call me and tell me they are being attacked. I show up and this crazy ass woman is running around trying to block the guys! Mindlessly rambling all this crazy babble, it was nuts! couldnt understand what she was saying except for the F-bombs. She was grabbing the guys, pulling them away from..who knows what! Pokin me in the chest, screaming " get the F#$k away from me" I was trying, but she kept following me!
We had to call the cops on her too! It was crazy! The HOA board told me that this was the last straw with her. Got her booted out, even tho she owned her condo, but after several large incidents with her,they where done, guess there is a law out there about the unruly. She needed to go to a mental hospital, I think!

The lady that punched her neighbor was not crazy, just really upset. High society type too! I have never seen someone get so worked up like that. But I had enough, so I walked like I said. Not a good place to be. Went by like a year later, nothing ever was done.

 

[TreeAce]

How about this scenerio. HO1 has a large tree that HO2 hates. Lets say HO2 has fair enough reason to worry. Nothing crazy but tree has a def lean towards HO2 house and driveway. Tree is on HO1 property 100%. HO2 asks HO1 to cut it down. HO1 LOLs. HO2 offers to pay for it. HO1 still says no. Tree falls over onto HO2 property doing damage to house and a car in driveway. 90% of the tree is now on HO2 property. So now, for HO2, tough luck? I am thinking so. Is there anything HO2 could do ahead of time in case the tree really does fall? Unless tree has OBV signs of distress like its half dead or has a hollow base? In that case HO2 would need to contact there city and try it get someone there to "red tag" the tree as dangerous?

 

[Bigus Termitius]

I do now! Need to get an I-Phone for the video's!
The best one was when I was working for Gothic in San Diego.
We took care of this run down old condo assoc in Lake Elsinore. Did all the maintenance. Had a crazy lady that was always stirring it up with the other residents. Had one of my foreman, Delfino, call me and tell me they are being attacked. I show up and this crazy ass woman is running around trying to block the guys! Mindlessly rambling all this crazy babble, it was nuts! couldnt understand what she was saying except for the F-bombs. She was grabbing the guys, pulling them away from..who knows what! Pokin me in the chest, screaming " get the F#$k away from me" I was trying, but she kept following me!
We had to call the cops on her too! It was crazy! The HOA board told me that this was the last straw with her. Got her booted out, even tho she owned her condo, but after several large incidents with her,they where done, guess there is a law out there about the unruly. She needed to go to a mental hospital, I think!

The lady that punched her neighbor was not crazy, just really upset. High society type too! I have never seen someone get so worked up like that. But I had enough, so I walked like I said. Not a good place to be. Went by like a year later, nothing ever was done.

LOL! Classic. That reminds me of the crazy guy that attacked us for trimming a couple water sprouts off his Catalpa a couple of years ago, and came back out with a finger gun in his shirt. He actually had a heart attack when 5 state troopers and a county mountie showed up. County guy told us he had a table full of prescription drugs and what not. Some of these folks are on some bad medicine. Sad? Yes, but every bit funny sometimes.

 

[treemandan]

How about this scenerio. HO1 has a large tree that HO2 hates. Lets say HO2 has fair enough reason to worry. Nothing crazy but tree has a def lean towards HO2 house and driveway. Tree is on HO1 property 100%. HO2 asks HO1 to cut it down. HO1 LOLs. HO2 offers to pay for it. HO1 still says no. Tree falls over onto HO2 property doing damage to house and a car in driveway. 90% of the tree is now on HO2 property. So now, for HO2, tough luck? I am thinking so. Is there anything HO2 could do ahead of time in case the tree really does fall? Unless tree has OBV signs of distress like its half dead or has a hollow base? In that case HO2 would need to contact there city and try it get someone there to "red tag" the tree as dangerous?

I think YES. If a HO1 feels that HO2's tree is or could be a detriment to HO1's own property then HO'1 must use proper channels to inform HO2. Once HO2 has been properly informed and advised then it becomes HO2's responsibility to rectify the situation.

Now if HO1's tree falls on HO2's house and HO1 can say he didn't know the tree would cause a problem then HO2 is responsible. Its called an Act of God because nobody can say they knew the tree could be a detriment but once a person has been informed that one of their tree could be a detriment it is no longer an Act of God but negligence to rectify a problem you were aware of.

This is all confusing but one thing is fer sure: you don't want to be caught by a fat lady when she sees you trimming her tree off from her neighbors property.

 

[beastmaster]

I know of a case where the neighbor lowered the grade on his side of the fence several feet, cutting out major roots on a large deador cedar that was next door, The tree was deemed a hazard and had to be removed. The case was still in court last I heard, but the lady is suing for big money.
I am never comfortable doing fence pruning on a neighbors tree, some people get really up set. I always try to reach a compromise if I can.
I beleave some people do it out of spite, just to be mean and Its messed up being in the middle of two feuding neighbors.

 

[boo]

Yes, they can cause a big stink and sue. According to a recent class in Baton Rouge. CEU class titled "Trees, People and the law"
made rates go up.
Different cases cited from several states in the US... advised not to cut any tree over a neighboring property without permission from owner.
"in writing"
no trimming, no removal without the permission...
almost made me sick to hear what was said.
I advise you to check it for yourself, before cutting in such a case.