Posted: 8/5/2024 7:44:27 PM EDT
|
Live in Dallas and our lots are only 50’ wide. Homes are 90 years old so trees are mature. Neighbor has 2 pecan trees that are at least 55’ to 60’ tall, a live oak and a red oak. All are mature. One pecan tree is right next to our property line and some of the branches hang over my yard and house. As the tree grew it started rubbing against his roof so he had a notch cut in the roof. This pecan is beginning to shed dead branches. This week it shed a live branch that is in photo below and you can see that it fell about 40’ and it almost fell on me while I was in the driveway. I asked him to come over so he could see what happened. He said he had called a tree trimming company but they were too busy and to call back in a week. I told him the branch almost hit me and he had to get his tree trimmed before it killed my wife or myself or damaged our house. Wife texted him today and he decided to wait until the fall to have the tree pruned. He said we can hire our own company to prune his trees. Top picture was taken from my bedroom and you can see how close the pecan is to my house and the notch he cut in his roof. Many living branches hang over my house and some dead branches are hanging looped over live branches. Bottom photo is the branch that almost hit me when it fell. Driveway is 10’ wide and the branch is about 12’. I don’t know the law, but I suppose if you own a tree that is shedding dead and living branches you have a responsibility to protect neighbors and property. He is refusing to get the tree pruned until this fall and my wife thinks it might kill one of us or damage our house. I sure don’t want to trim his trees for several reasons. Just talking to him is useless. Give me some ideas how to handle this. Attached File Attached File Attached File |
|
Here in FL and in my prior state, the owner was only responsible if they had notice of the danger, such as a visibly sick or dead tree. Mere overgrowth alone did not create liability. And, you could cut off whatever crossed your property line. So, I'd imagine you either need to wait for him to do it, or you can hire your own tree company to trim it back, or simply cut it all off at the property line. |
| Document “before” with lots of pics. Draw the overhanging branches on a copy of your survey. Send him a certified letter telling him exactly what you’re going to do, and give him a certain date to respond. After the date passes, hire a tree company to cut off every branch that crosses your property line as if that laser from Resident Evil shot up from the line into space. I’m not a lawyer by any means. God, I’m glad I have reasonable neighbors. |
|
Originally Posted By davewvu86: Here in FL and in my prior state, the owner was only responsible if they had notice of the danger, such as a visibly sick or dead tree. Mere overgrowth alone did not create liability. And, you could cut off whatever crossed your property line. So, I'd imagine you either need to wait for him to do it, or you can hire your own tree company to trim it back, or simply cut it all off at the property line. |
"Peace is that brief glorious moment in tiime when everyone stands around, and wise men are reloading."
Joined:
May 2024
Posts:
189
EE: 0% (0)
USA
|
Anything over the property line is your responsibility. At least where I live. Check your local laws, call a tree company, cut away. Oh and if tree falls onto your property, you are responsible for the damage and cleanup. Even though the tree "was theirs". |
|
Originally Posted By davewvu86: Here in FL and in my prior state, the owner was only responsible if they had notice of the danger, such as a visibly sick or dead tree. Mere overgrowth alone did not create liability. And, you could cut off whatever crossed your property line. So, I'd imagine you either need to wait for him to do it, or you can hire your own tree company to trim it back, or simply cut it all off at the property line. This, send him a registered letter if the tree is dead, dangerous etc and depending on the state he is responsible if something happens. Go ahead and get some quotes and have someone cut it back to the property line. |
VCDL Member
NRA Life Member
NRA Life Member
|
Originally Posted By CashOnlyLargeBills: Anything over the property line is your responsibility. At least where I live. Check your local laws, call a tree company, cut away. Oh and if tree falls onto your property, you are responsible for the damage and cleanup. Even though the tree "was theirs". Same for me where I live. I would trim the fuck out of that tree. It would never be an issue again |
|
While you are busy cutting all of the branches that hang over your property line, rent a ditchwitch and cut a 2 - 3 ft deep trench along the inside of your property line. Seed the trench with root killer & backfill. The next time a hurricane blows from your direction towards his house, the tree will be on his roof where it belongs. At least, that's how I've heard that it's done in Minecraft, FL. |
|
Unless the tree is diseased, dying, or damaged by previous storms, the adjoining property owner who is offended by overhanging limbs, vegetation, or intruding roots, are responsible at their own cost to trim or cut such offending back to the property line. If the tree is diseased, dying, or previously damaged to be a peril, the offended property owner must put the tree owner on notice of such issue, before that tree owner can potentially be held responsible for any damages to others property. Bottom line, find someone to come and trim the tree even with your property line, then pay the man. |
|
Originally Posted By Steamedliver: OP, in your post to said you didnt know the law. You need to find someone who does and pay them for their service (meaning, get a lawyer). THEN proceed from there. Why does GD always immediately recommend a lawyer? Is the lawyer going to bring a chainsaw with him? This is a very basic and settled property issue. Just trim the damn tree. |
|
I tried to be a ‘good neighbor’ with this exact situation. After 2 requests a few months apart, I called a tree guy and paid to have everything cut off at the property line. It’s been about 6 years, so in Florida, that means it’s time again. The tree guy said it’s bad for the tree to do it and I told him to speak to the neighbor about that. The tree does look bad, but that’s on the neighbor. |
10/22/14 I stand with Canada
| Like I said, I'm so glad I have reasonable neighbors. Their oak tree had a massive branch that crossed over our driveway. I told him it could fall on the car if it ever broke off (it's a healthy tree). He had a crew cut it off, way back from our driveway. Then, when the tornado came thru our hood in April, a few lighter branches near the top got snapped but were still attached. I pointed it out to him, and he had a crew out within a week to trim it. All of these branches were across our property line, but he paid for it all. |
|
Pecans are not great options to have near houses for this reason. If you really feel the tree has become detrimental and hazardous, you might be able to get city to order the neighbor to have the tree pruned and trimmed to reduce branch end weight and reduce risk for "sudden branch drop syndrome". A growth regulator treatment can also help for a few coming years. Contact your city arborist https://dallascityhall.com/departments/sustainabledevelopment/arborist/Pages/staff.aspx to inform them what happened and see if they can be able and willing to come out and have a look to see if intervention is necessitated (doesn't hurt to politely offer coffee and desert; those guys love getting calls and reason to come out from behind the desk); be ready to hold your ground insisting the danger the tree is posing. |
|
So did the tree branch almost hit you or almost missed you? Dewey Screwem and Howe would like to know. |
Liberals are a curious mix of communism and fascism, they want to destroy you but want to use your own money to do it.
I'm getting down to the last box, the others have all been destroyed...
I'm getting down to the last box, the others have all been destroyed...
| If you are truly worried about personal injury and property damage don’t wait on your neighbor. Hire some to trim the trees and be done with it. |
“Once, men turned their thinking over to machines in the hope that this would set them free. But that only permitted other men with machines to enslave them.”
|
As far as I know, his responsibility ends at the property line. You are responsible for the branches overhanging your property. Honestly, the difficult neighbor in this story - is you. So long as he can't be found in neglect (a rotting tree he didn't address), that even includes if the tree on his property falls on yours. I just dropped over 2k last week clearing out all kinds of offending limbs and cleaning up some prior damage. Including overhanging branches from my neighbors. Because those are my problem, not his. |
| You're responsible for trimming limbs on your side of the property line, regardless of whose tree it is. If the tree is diseased or dying, you need to get a certified arborist to declare in writing it’s unsafe, then mail it to the neighbor by certified mail notifying them about it, document everything. I learned the hard way, storm blew over my neighbor’s dying oak tree right on my house, insurance pretty much said I’m SOL as far as getting the neighbor or his insurance to pay for the damages. Of course my bastard neighbor didn’t offer to pay, and his brother was an insurance adjuster who basically coached him through being a dirtbag. |
|
Originally Posted By dusty3030: His foundation is screwed I bet with that big bastard so close to his house. With Pecan trees, not really. They shoot straight down a good bit, before spreading the roots. The trees themselves are quite strong, and never just topple over - but as OP sees, the branches can be brittle. Op's discretion to cut any and all branches that cross the property line. And he probably should. Neighbor isn't responsible for that. What they *should* do is go in joint with a tree company and split the bill to do both sides of the tree for both benefit. And while there, get more stuff trimmed too, since the call-out is now paid. But he erroneously got huffy and may have burned a bridge on that trying to improperly strong arm neighbor to pay for something that wasn't neighbors responsibility. |
|
OP needs to cut the branches. Make it look ridiculous. Attached File |
|
Originally Posted By nvcdl: AFAIK you can cut any part of a tree that overhangs your property. In Virginia, yes. But local laws are local. Also for Virginia, if the tree falls or drops branches, the tree owner is only responsible for the damage occurring on his property, or to his property. The rest is addressed by insurance, and responsibility to fix is left to the damaged property's owner. I went through it this spring when a neighbor's 80 year old poplar came crashing down. The entire canopy landed in my yard, and it was on me to clean it up. Insult to injury, VDOT hauled the trunk they cut up out of the road into my front yard as well. As for notifying the neighbor that his tree is dangerous, certified letter, finding from an arborist and cc'ed to their insurance is what would have worked in VA. |
"Life is too serious to be taken seriously" - Ray Bradbury
KoW callsign 'Ribs'
KoW callsign 'Ribs'
|
Update! Neighbor decided not to have his tree trimmed while I was having my side done. We both use the same company and the same supervisor we always use was present. I sent neighbor a text the date so we would have access to his trees. He agreed and texted back we could trim to the property line. As soon as the trucks arrived, he came outside and told the supervisor to trim to the property line. I was pointing out a section of the tree that was full of dead leaves, and it hovers over my driveway about 2’. He said he would have that branch trimmed when he had his side done. The crew did a great job, no damage to either house, cleaned up and left. The next day the neighbor went ballistic….look what you did to my trees! I said we cut it back to the property line just like you said. He said, I know. I started looking at the dead leaf branch he said he would take care of. Let me say he never has the tree trimmed to thin it out. There are 2 pecan trees that are about 45’ to 50’ tall. Our lots are only 50’ wide and 145’ deep so trees that tall are huge. He allows his trees to shed dead limbs like the one pictured earlier and once a year he climbs on the roof and throws the limbs in his side yard behind my fence and never removes them. A s I looked at the branch he said he will take care of, I noticed the entire branch was separated from the trunk, right at the trunk. The limb where it separated is as thick as my thigh and is about 15-20’ long where it hovers over my driveway. I’m pretty sure he saw the broken branch when he did his annual clean off the roof. I have no access to get this limb down and am concerned about it falling. The only thing holding up this branch is a much smaller limb. He is refusing to communicate. He said if I ever have to trim his trees I cannot have access to his trees and would have to hire a cherry picker. Attached File Attached File Attached File |
|
Originally Posted By EDDIECRUM: The next day the neighbor went ballistic….look what y For most of this story I've been along the lines of eh - your problem more than your neighbors. But that one right there is what's throwing me. If neighbor wants to take the stance of Property Line is Property Line - so blow me on the tree, he actually can do that. But... Property Line is Property Line. he doesn't get it both ways. Good luck, you're neighbor is starting to get less benefit of the doubt from me on this one. |
|
Originally Posted By crazyelece: If it hovers over your driveway, why wasn't it cleared by the trimmers you just hired? Originally Posted By crazyelece: Originally Posted By EDDIECRUM: The limb where it separated is as thick as my thigh and is about 15-20’ long where it hovers over my driveway. [/url] If it hovers over your driveway, why wasn't it cleared by the trimmers you just hired? Apartently they made a field agreement that it would be handled and removed when the neighbor works on his half. Without the neighbor disclosing he never intends to work on his half. |
|
Originally Posted By Global_Cooling: OP needs to cut the branches. Make it look ridiculous. https://www.ar15.com/media/mediaFiles/241636/1000003298_jpg-3287471.JPG Do that and the tree will never land in your yard if it falls. |
I think the hardest thing for good LE working for good agencies to really absorb is that there are whole departments full of exactly the complete fuckheads we rail against here. - vectorsc
|
Originally Posted By crazyelece: If it hovers over your driveway, why wasn't it cleared by the trimmers you just hired? Originally Posted By crazyelece: Originally Posted By EDDIECRUM: The limb where it separated is as thick as my thigh and is about 15-20’ long where it hovers over my driveway. [/url] If it hovers over your driveway, why wasn't it cleared by the trimmers you just hired? The owner said he would remove the branch. I had no idea the branch was broken at the trunk. My trimmers told be if they cut any of the surrounding branches were cut, the big branch would fall. |
|
You have every right to trim the vegetation overhanging your property. Your neighbor does not have the obligation to trim vegetation overhanging your property, absent notice of a clearly defined hazard tree situation (and hazard tree is a term of art, not what YOU think a hazard is). Bottom line? Get a pole saw and start whacking on your side of the line. Yes, it’s a PITA. Yes, it will be cheaper, easier, and less stressful to do it yourself. |
GD is like putting on crampons and walking through a room full of puppies.
Joined:
May 2024
Posts:
467
EE: 0% (0)
USA