Can I cut the branches of my neighbors trees?

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Rocinante wrote:

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?
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John wrote:

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 mostly quiet.
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.
aem sends...
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aemeijers wrote:

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.
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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.
Bob
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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.
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Father Haskell wrote:

I will be hiring someone to do the work and was hoping someone on this group had a similar problem and had dealt with it before. Thanks for your response. Good post.
John.
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a old neighbor of mine lived on the end of the block and had NO TREES AT ALL!
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 changes.
if the OP trims the trees and makes the neighbor mad he might start a neighborhood war.
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..
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Because the law is different for trees than for a car that rolls onto your lawn. It's that simple.
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On Sat, 20 Oct 2007 20:55:14 -0400, John wrote:

You missed the point. They are your branches, so you bear the cost of removing them.
--
"Wise men talk because they have something to say. Fools talk because they
have to say something."
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Rocinante wrote:

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.
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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 my point.
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 with me...
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 caused.
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. ;-)
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DerbyDad03 wrote:

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.
LOL
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Maybe maybe maybe maybe.
Tomorrow is Monday. Is it safe to assume you will call the town office, eliminate maybe, and let us know what you found out?
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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.
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/14/AR2007091401340.html?nav=rss_email/components
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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.
Steve
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SteveB wrote:

I thought someone might have had the same problem so I posed this question. I see it is a bit much for some to handle.
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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 Harry approach?
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.
Steve
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SteveB wrote:

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)
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Yeah, yeah.
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 property.
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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But utility workers have the legal advantage of an easement that says they can do pretty much whatever they want to on their "area".
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