Neighbor, We Need to Talk….

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If my neighbor’s tree branches hang into my yard, can I trim them?

Yes. By law, you have the right to trim branches and limbs that extend past your property line, nothing further into the neighbor’s yard. You may not go onto the neighbor’s property or destroy the tree. If you do harm to the tree, you could be found liable for up to three times the value of the tree. Most trees have a replacement value of between $500 and $3,500. Some are considered ornamental or landmark trees and can have an astonishing values of between $20,000 and $60,000. Be sure to use extreme caution when tree trimming!

If my neighbor owns a fruit tree and the branches hang over my property, can I eat the fruit?

No. The fruit of the tree belongs to the owner of the tree, so don’t pick any unless you’ve asked! Courts are divided on who can have fallen fruit, however. Be sure to check your local laws to see if you can eat any fruit that falls from the tree.

If my neighbor’s leaves keep blowing into my yard, could I file a nuisance claim?

No. Leaves are considered a natural product. Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree.

However, if the tree branches that are shedding the leaves are hanging over your yard, or the tree trunk is encroaching on your property, then you have a right to trim those branches up to your property line.

You could also consider building a fence. Fencing that is built on your side of the property line may help those leaves from blowing over into your yard. Ever heard the saying, “Fences make better neighbors”?

Most of a large tree hangs over my yard, but the trunk is in the neighbor’s yard. Who’s tree is it?

The neighbor owns the tree. So long as the tree trunk is wholly in the neighbor’s yard, it belongs to the neighbor.

When the tree trunk is divided by the property lines of two or more people, it is referred to as a “boundary tree”. In the case of a “boundary tree”, all of the property owners own the tree and share responsibility for it. Tree removal without the consent of all the property owners is unlawful.

My neighbor dug up his yard, and in the process killed a tree that’s just on my side of the property line. Am I entitled to compensation for the tree?

Yes. In this situation, the tree owner has the right to sue for damages. Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner’s permission is liable for compensating the tree owner. In many cases, the tree-owner has been compensated by up to three times the value of the tree. If you will be excavating near any trees, be sure to consult an arborist.

A storm knocked down my neighbor’s tree limb onto my property, damaging my house, car, and yard furniture. Is he responsible for the damages?

It depends. The court will probably apply a reasonable care standard. If your neighbor took reasonable care to maintain the tree branch and the tree branch did not seem to a reasonable person to be threatening to fall, then probably not. If a reasonable person could not have avoided this from happening in any way, then it will be deemed an Act of God, and the neighbor will not be liable.

If, after applying this reasonable care standard, however, the court finds that a reasonable person would have or should have known that the tree branch posed a danger of falling, or that the neighbor never did reasonable inspections to maintain the tree branch, then the neighbor could be found liable of negligence, and therefore responsible for damages to your property.

My neighbor’s tree looks like it’s going to fall on my house. What should I do?

Landowners are responsible for maintaining the trees on their property. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. Therefore, if a reasonable inspection shows that the tree could be dangerous, your neighbor is responsible for the tree removal. If your neighbor does not remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable.

If you have spoken to your neighbor about the tree issue, and he has not done anything about it you do have laws that protect you. The tree may constitute a nuisance, by interfering with your use and enjoyment of your own property. You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed. Having a professional arborist write a letter describing the condition of the tree will help.

Hopefully, you will not have to go that far. Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. If you call your municipality, they may remove the tree themselves or order your neighbor to do it.

Utility companies may also have an interest in the tree’s removal if the tree’s condition threatens any of its equipment. A simple call to a utility company may prompt them to remove the tree themselves.

The spreading of tree roots on my land damaged my neighbor’s septic tank. Do I have to compensate my neighbors?

It depends. You will need to check with your specific state laws, as each state is different. In most states, the bothered neighbor can engage in the tree trimming or root cutting herself, and does not have a claim against the tree owner. Other states provide that neighbors may sue if the following conditions are met:

  • Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. Serious harm usually requires structural damage, such as damaged roofs or walls, crushed pipes, cracked foundations and cracked or clogged sewers.
  • If an encroaching tree was planted, not wild, the neighbor may sue.
  • A neighbor may only sue if the tree is noxious. “Noxious” means that the tree must be inherently dangerous or poisonous, AND the tree must cause actual damage.

Still other states are not as straightforward, but lawsuits have been successful when the tree does cause substantial damage or interferes with the neighbor’s use and enjoyment of her property (constituting a nuisance claim).

 

 

The bottom line is that you need to check your own state’s laws regarding who’s responsible for tree related damage. However, why wait? If you see a tree on your property or a neighbors, hire a professional arborist to check it out. She will bring you piece of mind and may even avert a hefty claim on your homeowners insurance!

Added after publishing
I was reminded of a story regarding this tree… If you look at the left side of the tree, about a third of the way up, you’ll see a large stump. This limb had snapped, was touching the ground, but not completely severed from the tree. In forestry, these are called ‘widow makers’. There is a similar term in heart attacks when a specific area of the heart is effected, as the result is the same. A widow is made.
I saw the snapped limb the next morning after a storm. I had actually heard the crack the night before, although couldn’t see it. Later on that day, I heard a chainsaw fire-up and went out to investigate. My neighbor had his ladder against the tree and his wife was at the end of a rope that was attached to the limb to pull it out of the way when it detached (silly human – Woman=160# and Limb=1500#). I started to run for the fence… It was too late. Before I could either film the possible death of my neighbor or yell for him to stop. The limb gave way.
I’m no physics major, nor slept in a Holiday Inn the night before, so in layman’s terms, the tree was pulled back like a slingshot when the limb fell, and when the limb was cut free, it ‘sprang’! His ladder was propelled backwards with him on it. His chainsaw fell, since he chose to hang onto the ladder instead. Luckily, the wife was clear. Although he was able to lean and send the ladder back forward towards the tree, the location he had rested the ladder originally had shifted and he fell forward, while the ladder feet slid out with the top rung of the ladder scraping down the trunk of the tree. A helluva ride down!!
This all happened in 5 seconds.
This man has already had a heart attack 4 years ago.
Hopefully, the only bad outcome to this was he had to change his pants…


© Ilex – Midwestern Plant Girl

34 thoughts on “Neighbor, We Need to Talk….

  1. It is so annoying that the law allows your neighbour’s trees (that grow right by the joint fence) to be massive – over 40 feet tall – but you cannot trim the height without their permission; only as you point out, vertically up from the property line, which I get done professionally every few years.
    Still, they are OK neighbours apart from that.
    It is a precarious thing keeping on good terms with neighbours, who can suddenly become very obstinate about their property.

    Liked by 1 person

    • So true!
      I still go to new neighbors houses and welcome them. I want to know who I’m living near. And also let them know I’m a friend also. Having friends is one thing, but a neighbor is there 24/7. If hell comes with a handbasket, I want to know we’re all in it together.
      Recently, the neighboring town wanted our street to incorporate. We were all against it and banded together to tell them NO!

      Like

  2. Good information, but I would like to add that homeowner’s insurance comes in very useful re tree damage regardless of whose tree it is. I recently had a large branch (off “my” tree), fall across a neighbors deck. The neighbor basically told me to take care of it. My insurance company told me no! He was to claim against his insurance and if liability was an issue, then his insurance would contact my insurance in order to resolve the issue. If he did not have insurance, then he would have had to consider a private action. This scenario was in Ontario.

    Liked by 1 person

    • Yes! You’re very right. Your insurance company is your ally and a great negotiator.
      I’m not sure if my post is accurate outside of the U.S., however if you’ve got a mortgage here, the banks requires you to have insurance.
      If your house is paid off, well then, you can gamble without insurance if you’d like 😣

      Like

    • I actually tried to include laws that include many parts of the U.S. These are all worthy of thought, as municipalities may have some, all or maybe even a law I didn’t mention here.
      I’m waiting for Choppy’s Mom to chime in.. 😉 she knows things like this.

      Liked by 1 person

  3. I’m sure you hear stories all of the time. I just had a pine tree taken down (rather stripped, to look like a tall toothpick!) She says they built the fence on their side of the property. What choice did I have? Go, pay for a survey, and then if it WAS my tree, pay a lawyer to sue? They had me by the balls!!! And they’re really not nice people. AT ALL. Drama seekers. Ugh. SO glad I live on wheels now and don’t have to deal! The answers you provide above- were hard to find online when I was looking, so thanks for this! 😁

    Liked by 1 person

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