Advice for Neighbor's Tree Ruining Our Lives

[J.R. Freedman]

Does anyone know what we can do about our neighbor's huge 80-foot tall tree directly next to the property line; at least half of the tree hangs on our side.

We are in a high wind area, frequently in excess of 60+ mph, always blowing in the direction of our house, putting our house in danger of the tree falling.

Presently the tree is "raining" sap and sap-laced particles that cover our house, cars and all the walkways. Just walking in the back yard the bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into the paint.

About 99% of all the leaves and sap and danger affects us and he experiences almost none of it.

The tree was trimmed once about 5 years ago, but now the neighbor says money is tight and he won't do it again, even though he stated he knows it needs trimming.

Legally, what can we do?

Thanks for any advice - we are desperate!

[Pat]

You could offer to pay for the trimming. If you pay they would probably follow your wishes. The raining sap is caused by insects. You could offer to have the tree sprayed as well. Legally you have no ability to make him do anything so reach for your wallet.

[Frank]

Any part of the tree on your property is yours and you can do anything you want including cutting it off.

Another possibility is that tree trimming may be covered by homeowners insurance. I know of case where insurance company paid for limb removal from a neighboring tree because limb threatened garage and if it fell on garage would have cost insurance company much more.

[trader4]

Not exactly. In most cases, the right to the air space above your property allows you to trim back any tree that extends over the property line into your air space. But in general, it also needs to be done in a reasonable way so as to not destroy the tree. Local laws may vary.

Since it appears money is the issue, I'd discuss trimming it with the neighbor, offering to pay for it, etc, hoping to resolve it and get agreement before trimming it.

[Chuck]

Have you approached your neighbor about moving the tree? This can be costly but it saves the tree and your mental health.

[Dave Balderstone]

Legally?

Talk to a lawyer familiar with your locale.

[Dioclese]

Basically, you can do nothing to prevent what you anticipate.

Current conditions, document by pictures and date/time. Videotape or digital camcorder any voiced expectations to the neighbor owning the tree. Any USPS mail to neighbor should be checked by a local lawyer regarding the problem and liability of any language that you use in that letter. Check with a local lawyer regarding any current problems that the tree is causing and possible remedies. If you were truly desperate, doubt that you'd be posting here for a solution.

Last but not least, continue to be a good neighbor, and hope the neighbor does the same.

[trader4]

Yeah, the tree is only 80 ft tall. I'm sure moving the tree is a real practical solution.

[trader4]

Nonsense. In most cases, you can trim overhanging branches on your side back to the property line.

[Dioclese]

Nonsense. In most cases, you can trim overhanging branches on your side back to the property line.

---------- The only thing I read that is possibly anticipated was the tree falling their house. How is a wind-induced fall of a tree going to be stopped by trimming on the down-wind side of the tree, and the majority of the tree untrimmed as the trunk of tree is in the neighbor's yard? I consider the response "Nonsense" as an insult.

[trader4]

I guess you didn't read this part:

"Presently the tree is "raining" sap and sap-laced particles that cover our house, cars and all the walkways. Just walking in the back yard the bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into the paint.

About 99% of all the leaves and sap and danger affects us and he experiences almost none of it. "

Sure sounds like trimming back the branches can be a solution to part of the problem. And also he stated:

"The tree was trimmed once about 5 years ago, but now the neighbor says money is tight and he won't do it again, even though he stated he knows it needs trimming. "

That suggests that the OP thinks trimming worked in the past. So, I'd say he can very likely trim the tree now, as opposed to being told that legally there is nothing he can do because it's anticipatory.

[QUAKEnSHAKE]

Well I sort of had this type of issue just last week not that scale though. Backyard chainlink fence, neighbors oh 10' tree and some of his bushes had grown about 3' into my space making it difficult for me to mow up to the fence. Out I got the power shears and no more overhang :-)

[Dioclese]

I guess you didn't read this part:

"Presently the tree is "raining" sap and sap-laced particles that cover our house, cars and all the walkways. Just walking in the back yard the bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into the paint.

About 99% of all the leaves and sap and danger affects us and he experiences almost none of it. "

Sure sounds like trimming back the branches can be a solution to part of the problem. And also he stated:

"The tree was trimmed once about 5 years ago, but now the neighbor says money is tight and he won't do it again, even though he stated he knows it needs trimming. "

That suggests that the OP thinks trimming worked in the past. So, I'd say he can very likely trim the tree now, as opposed to being told that legally there is nothing he can do because it's anticipatory.

------------------------

All of the above of what you copied/pasted I interpreted as what did happen, and will continue to happen. Not JUST anticipated to happen. The tree falling over to the property is only example noted as anticipated. But, you probably know that.

[McQualude]

J.R. Freedman:

I would denude everything hanging over the fence and pile it in his yard.