Question about a property line/tree issue

[vi5]

O.K. so last year I came home to find a huge tree branch had fallen and crushed a portion of my fence. Since I have a lot of trees in this back/wooded portion of my yard I just naturally assumed it was from one of them, pulled it out, cut it up, and fixed the fence.

A few weeks ago while out back, my wife noticed that the tree that this branch likely came from was not one of ours, but about 2 feet over on the other side of our property line. And that tree along with one other were clearly dead. Now the way our house is situated next to our neighbors, this tree is in the far corner of his property and he likely has not ever noticed it. If it fell it wouldn't reach my house but would again F up my fence and my daughters swingset. And heaven forbid my daughter were playing on the swingset would be a whole other issue (even though she is too young to be out there ever by herself).

My question is this: Is there any way to "make" him cut this tree without seeming like a jerk about it? It would be too expensive for me to offer to have it cut down and honestly I don't feel like it should be my obligation to do so.

I've never met the person (our houses are pretty separated and he is actually even on another street) so I don't want the first exchange to be any kind of acrimonious one. Especially since the tree may ver well never fall for the next 2 years I'll be living in this house, and the way it is set there is a 70% chance it will fall on his property and not mine.

So any advice or recomendations or legal analysis?

[sangha]

1. I'm not sure

but I think you are allowed to cut down anything that hangs over your property. Furthermore, I believe your neighbor is responsible for any damage his neglect causes.

[vi5]

2. It doesn't hang on my property....that's the issue....

The tree itself has no branches over my property (now that this other one fell) so my worry is all hypothetical.

[qb]

3. If it's dead, it is probably perfect for firewood

After stating your concerns about potential damage, you could suggest he take out a classified ad for free "cut your own" firewood. When I was a kid, my dad used to drag me to all corners of the county to help him cut free firewood!

[Cthulu_2004]

4. Simple...

give him a call, be very polite and friendly, and point out that he has a tree that looks like it's about to fall over and damage your property (play up the "My kid plays where the tree's most likely to fall and I don't want her to get hurt" angle). You can also tell him parts of the tree have already fallen and damaged your fence, but you didn't think it was worth bothering him about, so you just fixed it yourself (but don't ask him to reimburse you for the original fence damage, be "Mr. helpful, friendly guy!"). Tell him that since it's in an area that's not "high traffic" you figured he hadn't noticed it, so you just thought you'd call and give him a "heads up".

It's not really fair to think the guy's going to be an asshole about this...and you catch more flies with sugar than with vinegar.

[vi5]

5. Good points...thanks....A few things though....

I don't anticipate him being an A-hole, I more don't want to come across as one.

Also, I don't know the guys name or phone number. And I don't want to just walk up to his front door. I think that would be a little rude.

Would a friendly letter be out of line?

[Heddi]

6. I think a letter would be fine

make sure to read and re-read it to ensure that you're not coming across as being 'demanding' or 'mean'---sometimes how we think we're sounding in a letter isn't how the person reading it takes it (look at how many people get in rows on DU over something as silly as 'tone' of a message).

Put your phone number in there and make sure to end with something like 'Please feel free to call or stop by anytime if you want to talk about this'---just so he doesn't feel like this letter is the first in a line of letters from you, letters from lawyers, etc.

[zizzer]

7. Please read this...

Neighbor Law published by NOLO press. All of this is covered.

You should be able to find it in your public library.

The laws on this are different in every jurisdiction in the country so don't think this is a simple matter.

You can and should also go see the Law Librarian at your local court house.

The repairs on the fence that have already ahppened are a wash. Forget them. You may also offer to help pay for some of the tree removal since he may not have ANY liability to you even if the branch falls and kills you.

Check with your state.

Zizer

[thom1102]

8. I think that a letter would be a little impersonal, especially as a first

contact. I think that a phone call: "Hey there ____, This is _____, your neighbor. I was wondering if you had a couple minutes to talk with me in the back yard?" Then the two of you could meet by the fence and walk over to the tree and point it out and express your concerns.

[Feanorcurufinwe]

10. I don't think walking up to the front door is rude especially if

I don't think walking up to the front door is rude especially if you just go over and introduce yourself. 'Hi, I'm your neighbor'. That's what changes people who live next to each other into neighbors.

Don't bring up the tree in your first conversation, just get to know each other. (Unless it just seems 'right'.) You can mention it after you know each other.

[Cthulu_2004]

16. I'd suggest doing it verbally....

your tone on the phone or in person could very well make the difference between him thinking you're an asshole or you're a good guy just being a good neighbor.


Words alone on paper can't convey the same message that they can verbally. Think about it....what's the difference between a person saying "get over here, N*****" in a comradely fashion or a derogatory fashion? It's a matter of tone. You don't get that with written communication.

[Brotherjohn]

9. I had a similar situation.

My neighbor has a large oak tree whose branches hange over part of our back yard. Several large chunks of a dead branch had fallen into our yard (large enough to seriously injure someone, or worse).

I approached him about it gingerly... heaven help him, he's 80 plus years old. He said he had offered to go halfs with the last owner of the house and implied it was really our responsibility. But he and I both agreed I should call the City to find out how to handle it.

Now, it wasn't just the money, but liability issues, etc. I didn't want to go try to cut down part of the neighbor's tree and be liable should something go wrong, and suppose it had to be done again and again. I called the city, and they said it was his responsibility since the tree was his tree. I told him this, and he said he'd take care of it. He called his son out, whose a local deputy sheriff (and I think his son scolded him a bit along the lines of "Oh Dad! You can't leave that like it is!"). His son got up there and trimmed the dead parts of the tree that were falling. The fence was damaged in the process, but it is his fence. There hasn't been a problem since and we're still on good terms with him.

I think he was reluctant to pay to get it fixed, but he knew it was his responsibility. He just hoped I would do it so he wouldn't have to worry about it. But again, liability, etc.

I don't know what your city ordinances are like, but I'd call and find out. then you could approach your neighbor nicely with that ammunition. Explain that you have a young child. We do, too, and while he was also too young at the time to roam around the back yard, he is now all over the place back there. Heaven forbid if that thing was still dropping branches.

I would say for safety's sake, you HAVE to get it taken care of. And you HAVE to call the city and then approach him about it first. Even if the city does not say it is his responsibility (but I would think it is) you can't just get up there and start cutting on his tree without further repercussions.

ON EDIT:
I remember I spoke to him first, and then called the city AT HIS suggestion, because we were both unsure about the laws. Then the city sent someone out to his house to look at it, and that was how he found out he needed to take care of it. So it was neighborly in that I spoke to him about it first, but then there was a bit of "encouraging" from the city, in that I think they even threatened him with a fine. Once they found out, they had to inform him that if he didn't take care of it, they would do so, charging him for it, and adding a fine on top of that (I think).

[radwriter0555]

11. Technically, YOU have the right to trim any trees from another

property, overhanging yours. In fact, it's your obligation as a homeowner to take the steps needed to secure and protect your property from damage. This includes of course, trees encroaching onto yourp property.

Your neighbor is not obligated to maintain the portion of the trees that hang over your property. (By that token, do you trim your trees so that they don't overhang HIS property?)

You can do a few things here. You can write him a letter to share costs on hiring a PROFESSIONAL TREE TRIMMER (read not BUBBA with a chain saw, but someone LICENSED, bonded and ISA certified) to trim property line trees.

You can hire the tree trimmers yourself, assuming the entire cost, and have them only trim the branches coming onto your property. Technically you should let him know, but sometimes it's easier to ask forgiveness than permission.

There is no way to legally force him to trim the trees overhanging onto your property. You can however, serve him with a notice (read, a nice letter) from your insurance co that the trees pose a hazard, if indeed they do.

Luckily, the chances of a tree falling on your house are rather slim. This doesn't happen too often, and when it does, that's what property insurance is for.

The bottom line is to take care of your own business first. Trim trees from his property overhanging onto yours, if they pose a hazard.

Hire genuine professionals to do this; be careful they don't damage his tree.

[oneighty]

12. We are suffering

this problem now. Acouple of years ago a large

branch fell from one of the neighbour's trees.

Our grandson had been playing right where the tree limb fell.

We asked if we could have the tree removed and we will pay

for it. OK, so we had the tree removed.

Much later he wanted to have a second tree removed.

The trucks would have to move across our property and

any damage done would be mine to fix. So I said no.

He then informed me he was "Gonna Stiff the tree cutters anyway"

The tree in question is a hazard to our property and the property in back of us.

Last fall my wife offered to have the tree removed at her expense. What a deal.

Neighbour said "No". What a jerk.

My insurance company and our lawyer said send him a letter

saying we considered his tree to be a hazard to our property.

Now should the tree fall, damage our property we have an established

path to his insurance company. He was not happy about it.

Bottom line, check with your insurance company and your lawyer.

Be safe.

180

[this_side_up]

13. If it is dead, maybe

it would help if you mentioned that carpenter ants
and termites will make their homes in the tree and
sooner or later, they will move into his house. Yours, too.

Did the branch just fall off or was it during a
storm? When it storms which direction is the wind
coming from? That might help determine which
direction the tree will fall.

[cally]

14. One of our trees fell into our neighbor's yard

during a storm this winter. Lot's of trees were uprooted in the neighborhood during this storm. The tree damaged the joint fence, but barely missed the neighbor's house. Thankfully, noone was outside (they have small kids) or their house had no damage. We immediately had the tree removed from their yard and just assuemed it was our responsibility. We then found out that we had no legal obligation to remove the tree from the neighbor's yard or to pay for the full cost of the fence. It ended up being fairly inexpensive because we had so much other damage from the storm that the contractors did this part almost as a throw in. I'm glad we took care of it because we have great relations with our neighbors. With two teens and a dog, we need good relations. :evilgrin:

[Raven]

15. I don't know where you are, but in Massachusetts

if a tree on your neighbor's property falls on your property and damages something, it's your insurance (and problem). So, unfortunatelt, I think you would have to claim a nuisance, or sue the guy, or talk some sense into him.