Because they are a nuisance and the cause of distribution of unwanted
litter. Just like a mud slide that caused dirt or anything else to end up on
my land. Just like a car rolling down a hill I can have it removed and
charge him for the tow. Why not?
leaves blow into the downwind neighbor's yard? Do you go collect them? I
get a big dose of leaves (and branches) from my upwind neighbors tree
just over the lot line, and his tree screws up my satt signal as well.
Guess what- that is part of living in a subdivision. At least his dog is
The only cure to 'neighbor leaves' is to have a lot big enough that it
isn't an issue, because your own stand of trees catches them all.
Let the leaves set until the tree is bare, and just clear them all at
once. The yard will be fine.
Get a clue 'DUDE.' There are no leaves blowing from my yard onto anyone
else's property. I do not have trees planted close enough to any neighbors
land. The guy doesn't even mow his lawn and the place looks like a slum.
Maybe if you didn't have your head up your ass you might imagine others have
the same problems with this 'DUDE' in that run down barn he lives in. Try
not to use that imagination and assume anything you are not told and you
might not have so much trouble processing thoughts properly.
You are totally clueless. What you are dealing with is reality. Your neighbor
has no legal responsibility for leaves that fall in your yard - by law. You have
no case. Get over it.
If your thoughts were law, every tree in the city would have to be cut down.
One man's litter is another man's soil amendment. Tree roots
scavenge nutrients from deep in the soil. These nutrients
are made available when the leaves fall. Placing them in
bags by the curb for pickup is wasteful. Better to sprinkle a
few gallons of water into the bags, then stack them up
out of the way to decompose into lovely, sweet earthy-smelling
mulch for use in your garden next spring.
If you're going to trim the branches, go ahead, but know
what you're doing, for the sake of your property's appearance
and the health of the trees. Use the three cut method to
keep the branches from tearing off -- on YOUR side of
the trunks. First cut from underneath, about six inches out,
halfway through. Second cut from top, about eight inches
out to remove the bulk of the limb. Third cut is flush to the
growth collar to allow the tree to form a scar which will close
up over the next few years. Do not paint the wound. Leave it
open to weep and clean itself out.
a old neighbor of mine lived on the end of the block and had NO TREES
Unfortunately prevailing winds filled his yard over 6 feet deep of
leaves every fall. You could not see him but just the leaves moving,
he raked and baged all fall.
Long dead now the current owners erected a 7 foot fence no doubt to
keep the leaves on the street.
I dont live there anymore but pass by occasionally and note such
if the OP trims the trees and makes the neighbor mad he might start a
best the OP NEVER does anything wrong EVER!
like play radio or tv loud in evening, have dog, barks or pees in
neighbors yard, the list of possible war material is endless..
I got the point if indeed this is the case in that community. If there were
a branch to fall from that tree onto a car in the driveway and cause damage
maybe they would not be my branches. That is my point. Maybe there is a
cutoff as to how much of a nuisance the issue is. If there is one small tree
or there are 6 there is definitely a big difference. At some point anyone
would get tired of cleaning the yard and maybe just decide to let one basket
full turn into several. Like I stated it is to a point where when wet they
are a hazard.
re: If there were a branch to fall from that tree onto a car in the
driveway and cause damage maybe they would not be my branches. That is
Oh! Oh! Pick me! Pick me! I know the answer!
They are "your" branches in that *your* insurance company would cover
the damage as a not-your-fault incident. At least that's how it was
I was in my backyard when I started to hear a creek, creek, *crack*. I
looked up to see a very large branch from a neighbor's tree just
beginning its journey downward onto my roof and deck.
This branch (as well as many others) has been hanging over my house
and yard for years. I was never concerned about the leaves, but have
annually trimmed back any branches that could have come in contact
with my roof, and also those that get too large to look nice.
Anyway, the house next door is currently a rental, so I called the
landlord since the branch was still hung up in his tree and also
resting on my roof and deck. I very politely let him know that I was
going to call my insurance company unless he had another suggestion.
He asked if he could come over and take a look before I put in the
claim and I agreed, cuz that's what good neighbors do.
He came over, agreed that it was too big for either of us to handle,
and asked if I had to pay any deductible. I told him I would let him
know and when it was all cleaned up and taken care of, he gave me a
check to cover the deductible for the inconvenience his tree had
I believe, based on some phone calls I got from my insurance company
afterwards, that my company went after his to recover the costs, but
that's between them, not me and him.
Bottom line: Yes they are your branches to deal with, on the tree or
on your car. ...in most locations that is...
Not sure if anyone has suggested this before...but perhaps you should
contact your local authorities for the rules where these particular
leaves are. ;-)
That was plan 'B' but knowing the real answers are posted on Usenet I
decided to get them first so I can tell the authorities just why I have not
moved to the desert. It must be really crowded there learning how many find
that the place to go when they don't know what else to do.
On Sat, 20 Oct 2007 18:59:48 -0400, Rocinante wrote:
The laws are changing and are different in different localities.
SteveB offered the best advise.
I don't know. Do you want to know what the weather is expected to be like
HERE tomorrow? It's the same about property law.
It all depends on where you live. Go down to city hall and ask. I could
tell you what we do here, and what I would do, but that might not plug into
your equation and where YOU are. It might buy you a boatload of trouble
where you are.
In your post, you did not give a location, so how could anyone from your
area give you pertinent advice? So, what's your next step? Ask and take
advice on what to do from someone who is a thousand miles away, and whose
advice could end you up in jail or court?
It's not too much to handle. Get some pertinent local advice, either from
your local authorities, or an attorney in your area.
Are you looking for the right and correct thing to do that will solve your
problem and expose you to the least amount of liability, or for the Dirty
If you're looking for the Dirty Harry approach, just shoot his car and set
fire to his dog. That should get the ball moving.
Simply trying to get an idea of what people think on usenet. Nothing more
nothing less. I am sure examples of what others are doing in other parts of
the country have much to do with what can be done anywhere. The idea that
this issue is to much to handle is obvious in a few posts and not to be
unexpected on any usenet group. If I wanted to make a full blown legal issue
out if it I am sure a court would take into consideration what others are
doing in such cases. (I did not cross post to any gun groups)
But use some common sense.
First, you MUST know that some communities regulate how and whetehr you can
"trim" trees that are 100% on your own property.
The SMART thing is to get your neighbor to trim his own tree but offer to
"help" him. If that "works" then do nothing else.
Otherwise, proceed with great caution. Tell him (and back up with a
letter) what you intend to do and that you are doing it to protect your
If you kill his tree (or his tree dies after you have done some "trimming"
he may become upset at you. It can cost as much to defend against a silly
suit as a justified suit so before you "trim" you should either have an idea
of the upper limit of any damages he might claim or have a "slam dunk" legal
opinion that your neighbor would have no case if his tree dies and you had
even gone so far as to cut all the roots on your side of the line.
If I were betting, I would say you can do what you want on "your side."
Utility workers take that approach when the install and maintain overhead
and underground utilities.
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