the nieghbors tree?

[dts99]

what are the rules and regs on cutting trees over a clients property that are growing on ajoining propertys?. a guy wants some rediculious work done on a neighbors elm, i know it will end up with dutch elm and i dont wana get blamed. its all rental propertys and judgeing by the shape of the surrounding trees, not much goes into tree care. im most likely walking away from this one, but i dont realy know if there are guidlines for this or where i could find them, the issue comes up alot

 

[squad143]

My understanding is that you can prune to the property line, as long as you follow proper arborist procedures. Could be different in your area.

I usually try and talk to the neighbors and inform them what (and why) the work is being done.

If they get snotty, I usually tell them that I was only informing them out of courtesy.

In most cases, the neighbor is ok with it.........

But there is always one or two who are not. Just charge more for the aggravation.:msp_wink:

 

[ROPECLIMBER]

In Texas, over hang is encrouchment, however if you kill their tree by over pruning to the infinity, then you are liable for their tree, and they could get a value and sue you in civil court, had one long leany live oak clearly the nieghbors tree and my client wanted it gone I could have cut it at property line but it would have left a 5 foot trunk, as all the crown was on clients side so I chose to prune a heavy 25 % making sure to redirect it away from his trees, and both were happy, hackberrys are concidered junk trees here and the birds plant them on the fencelines and never fails one nurtures the other hates, but tree is on the line so you have to get it ok in writing from both Property owners, I am not a lawer so this is all IMO, and am very interested in hearing from a arborist/attorney on this topic.
Paul

 

[mikewhite85]

Good question.

I always make sure the HO has the neighbor's permission. I would not do the job otherwise. The type of clients who demand that kind of thing no matter the consequences are not fun to work for.

I would also be interested in hearing what the law actually says. Clients ask me about this all the time.

 

[imagineero]

I would imagine the law varies by state and even county. It varies by county in aus, but the general law states that you can prune back to the fenceline, but only within the confines of the county's law regarding pruning which is generally 10% within any 12 month period. The law also states that pruning must be done to the aus standard for pruning which means collar cuts etc. This means that without the neighbours permission, you can't do the job (unless the collar is protruding over the fence). You cant cut mid branch.

I get quite a few requests for this type of work. I ask the client if they have talked to the neighbour. Sometimes they lie, but it's good to get that answer. Then I talk to the neighbour, feel them out about access etc. If the work requested amounts to a butcher job I walk away. Unless it's a nuisance tree, cypress hedge etc. If both neighbours are happy and agree to the work I take it on. If they are in dispute I walk away. It's too much of a headache and not worth the money.

The other more common scenario I face is where a client wants their own tree (near property line) removed and the nieghbour doesnt want them to cut it. I get this all the time. They have no legal rights, but they can make your life miserable. They will call any and all people they can to caust trouble, video you, had one lady hose me while I was in the tree. The refuse access to their property, which is their right but generally makes the job more difficult and sometimes more dangerous.

Had one lady today all upset about a removal of a liquid ambar which was in decline. Rotten and snapped out, well past its prime. She had to go to see her therapist to help her deal with the issue. I hope he/she doubled her dosage. I'm not making this up. She asked me if I felt guilty about cutting down the tree.

Shaun