Who Is Responsible For My Neighbors Tree Hanging In My Yard?

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Oscar_Lives wrote:

Fine, send me a money order for $500, deal?
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I am just a bit curious. What kind of tree is it? About how big is the diameter of tree at the ground? What evidence or fact sheet do you have indicating that the tree should be trimmed? ______________________________ Keep the whole world singing . . . . DanG (remove the sevens) snipped-for-privacy@7cox.net

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How about this? I cut the branches off at the property line (plumb straight up) and throw them into your neighbors yard, all for free? While I'm doing this, you're jaw-boning with your neighbor, keeping him pre-occupied. And since you were talking to him, you couldnt be the culprit....deal?
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Mother Nature.
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Everyone else seems to think that the neigbhor has no financial responsibility. Maybe they're right. But in case you doubt it, I would find out from someone in your jurisdiction who KNOWS the answer.
But if the cost is all yours, that's the way it is. Buying a house creates lots of expenses beyond the cost of the house. You shouldn't buy a house unless you can probably pay them. You shouldn't have children unless you can almost certainly afford them.
(Nothing is certain, so I don't say "certainly". If a house is too expensive, one can move, but you can't just dump your kids.)
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mm wrote: <snip>

Let me ask you a question. If you walked out into your yard one day and saw water spewing up from the ground near the water meter, would you just go ahead and repair it yourself or would you call the water company first to make sure it wasn't their responsibility?
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The correct answer is 'C': post to alt.home.repair first to ask who's responsible for the repair.
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We're way beyond that choice now. No one here objected to your first post. And everyone except me told you that it was your responsibility.
The text I responded to, that you snipped, that made that clear was as follows:

Here you're primarily complaining about the money. When you say "it's not my tree", you don't say it's not your responsibility, because, I would guess, the posters here have convinced you that {maybe)it is. To make sure, I told you what to do, check with someone who KNOWS in your jurisdiction. There is no point at this point in arguing with anyone here. Everyone else things it's your expense, and I don't know but you can't convince me until you do some local research. And if he has to pay, in your locale, it doesn't matter anymore what we think (Although we still gave some good advice about not making enemies, even when requesting money.)

The next guy says it is your responsibility, that the neighbor doesn't ow you,

And still you complain about the money.
I don't know what you're thinking, but what you're saying gives the frim impression that the overwhelming thing is that you don't want to spend the money. That's why I wrote that with a house comes expenses.
Now stop whining, and get on with your business.
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mm wrote:

Beyond what choice? It's a hypothetical.

Yeah, so what's you point? I took your advice and went to www.findlaw.com and couldn't find any info about who is responsible for having the tree taken care of. This was last Sat. After reading all of the posts I approached my neighbor on Sunday discussed the tree and she agreed to have it pruned at *her* cost. I even offered to pay half and she said, "no, I will take care of it".

If I HAVE to pay for something, then so be it. Are you so readily willing to hand over money for something w/o checking out your options first? Do you price shop? Do you get estimates? Hence, my question about the broken water line.

Please point out to me where I was "arguing" with someone, oh except of course for the drag-queen who STARTED with the personal insults.

And as written I spoke to *her* and *she* is going to have the tree pruned.

Yeah, another smart-ass. Who I ignored, btw.

It's very easy to spend someone else's money, isn't it? Why in the hell does this group exist? So ppl can do things themselves and save MONEY. Are you so well off that you can pay for everything that comes along in your life w/o any problem? If so, then more power to ya. You have NO clue about my financial situation.

Read what I wrote above.

Here we go with the insults, eh? WTF am I whining about? I spoke to my neighbor on Sunday (4-2-06) and the whole thing was settled. I didn't dredge up this post 3 (now 5) days later, YOU did.
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I took it as an analogy, and that you were going back to the beginning. I still see it that way.

It varies a lot from state to state how easy it is to use the pages at findlaw, and it also varies how much is codified and how much of that is at the state level, that findlaw covers. But it's the first place I look and the only place I can recommend when I don't know what state the person lives in. If you look below, I quote what I said, and I didn't promise anything. I warned you it might be hard.

That was suggested by a couple posters here too. By golly I was one of them: "Maybe some of the limbs are too low for him too, so approach him nicely about his hiring a trimmer. AIUI, and the People's Court recently said this also, in some states the bill goes to the owner of the tree. So first, before you talk to him, check on what the law is in your state. www.findlaw.com might have it, but it might be easier to ask someone. Who, I don't know."

We're going around in circles again. You want to rehash the whole thing, and in that post, I was only commenting on your apparent unwillingness to spend money, after all the other possibilities had been discussed.

Read over the thread, especially the last 7 days worth, after you've had a couple days away from it. You seem to be arguing plenty, with Mys terry, me and maybe others. I don't have the desire to check now.

Yes, I saw.

We're not, I'm not, spending your money. We gave you loads of advice on how to spend nothing or spend less, and you're supposed to take that advice and use it. And you finally did that, but still, all you do here is carp. Either about us or about the money. My gosh, you are annoying.

You're whining that we're spending your money. Before that you were whining that you didn't want to spend money. We got that at your very first post. After you had gotten loads of good advice Mys Terry got fed up and said stop whining and then you started with a vulgarity. His were worse but you started it. That's how fights escalate, when someone escalates them.

You never told us that things were settled until AFTER I posted. We have nice posters who report back so we know how things turn out. If I hadn't posted, we never would have known.
And I replied to you when I saw your post. I don't look at the dates and I don't post every day, and I certainly don't look at threads this far up on my list of threads every day. Maybe you're reading my replies in reverse thread order so you don't know that iirc I said this already yesterday.
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I had one like this. Stumbled onto a friends neighbor with bucket truck 75 bucks cash made the offending limb disappear:)
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Just get you a pole saw, and cut them up as high as you like.
--
Steve Barker



"Ron" < snipped-for-privacy@msn.com> wrote in message
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Yours.
My neighbor's tree was a wonderful ash providing great shade to our rear deck in the afternoon. It was planted immediately inside his side of the property line between the two houses that are perhaps 35-40-feet apart.
Years ago, during a severe storm, it split in two with his side remaining upright but my side falling over the property line and (mildly) crunching my deck.
It was at MY expense to have the tree removed from my side of the property line.
Prior to the storm, my neighbor and I alternated trimming the tree away from over my kitchen using high-reach, tree-trimming equipment from my company truck. (I am a telco lineman.) We trimmed it perhaps 2-3-times a year during the non-wintertime.
Talk to your neighbor about the situation. You have nothing to lose to simply ASK your neighbor to help pay for any cost incurred having THEIR tree trimmed.
When I built an RV "port" next to the other side of my house, a large branch from my other neighbor's tree hung over the addition. When asked for his permission to trim his tree (at my expense) that neighbor VOLUNTEERED to pay HALF the cost!
If you are not on a speaking relationship with the tree owner, you should fix that. Good luck.
--
:)
JR

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...
I had nearly the same situation three years ago. Neighbor's huge backyard ash split in a storm and pretty severely crunched my back sunroom, broke many windows, destroyed a newly installed flat roof, gutters and most of the shingles on the house roof. It was not a happy July 4th. The year before, we had maples in our yard pruned, and also a number of large limbs from that ash that went over our property line. Before doing this I had spoken with the neighbor to let him know I was doing this, and also suggested he could get a deal from the tree service if, while they were here, to just take the ash down, something he had mentioned wanting to do, being worried about the tree. He chose to not do it; the next summer the tree fell on my house. As mentioned earlier, once it's in my yard, it's my tree, and my insurance had to take care of removal, damage etc. What remained of the tree in his yard was quite unstable and a danger, as it could easily fall or crack, taking down nearby power lines, my garage, etc., but neighbor had no plans to have it removed. Attitude was, "Well, I didn't PLANT the tree, and I don't care if it falls on your garage or on you." After citing ordinances about dangerous trees, hazards, nuisances and a willingness to pursue other action, he finally did get it taken down some four months later. We haven't spoken much since.
--
Chuck Reti
Detroit MI
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clipped

Thirty years ago I lived in a rental dump that had a huge oak in the yard. "Y" shaped trunk that had been partially split and cabled together before I lived there. When it got windy, we could hear the two halves grind together. Still there last time I looked :o) If it comes down on the house, there will be no more house.
I've moved away from some great neighbors - I had one whom I had never met who strolled over to see what the strange man in my yard was doing - it was just the repair guy for the sprinkler system. Neighbor was just looking out for me. I have met some of the most miserable neighbors in the world, and some of the most delightful strangers :o) I can't pull off the road without the next car stopping to see if I need help. Mebbe they just feel sorry for people who drive '84 Buicks :o)
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I watched a crew and a crane take down a huge tree between two, old houses. It was an all-day, $6k job. :(

Yeah, we are such a BAAAAAAD people. <sigh>
My wife, with no phone, lost control of her little Corolla and got it stuck in the plowed ridge of snow at the right side of the shoulder. Three people stopped and offered their phone. :)

Ha! Honestly, they probably feel sorry for ANYONE, as do I, that must stop on the side of a busy highway. We have all, by now, seen those incredible police videos of high-speed side-swipes.
--
:)
JR

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It's too bad THEY made it difficult. It was, after all, their tree - at least when it was upright. Fences make for good neighbors. Good luck.
<sigh> JR
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Ron wrote:

Everybody seems to be solving the wrong problem.
The best solution is to move.
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