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Anyone know how to handle this Tree Problem?

Our next door neighbor has a tree that looms over about 6 properties (including ours).

It's their tree, and I know I have a right to cut the branches, the hang into my yard, I can't afford to and there are a couple of branches that are dangerous (one is a widow's branch the other is dead). The neighbor know this but doesn't care and has no intention of doing anything about it.

The tree also comes close to power lines. My big fear is the branch will fall and injure someone as well as take out some property, as you can see clear through the rotted portion.

Anyone have any ideas how to handle this?

created by anotherblogger on Jul 02, 2008 at 11:47:35 pm     Comments: 11

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Comments ... #

I've never understood this anti-tree feeling that has so stricken modern homedebtors. Be glad for the shade, in the first place. It supposed to HELP you with the cooling costs for your home.

Onto other things. I don't understand what you mean by "can't afford" to cut the branches overhanging your yard. It doesn't cost anything to get up there and do it yourself; ladders are cheap and plentiful for borrowing. If you're talking about paying some "professional" to do it for you ... well isn't it about time you rejoined the middle class for real and you learned to do things for yourself? Rich people can afford to hire people to do things for them. The middle class can't.

And if you're too old or too infirm? Well, where are you children and grandchildren to help you?

If the neighbor won't cut them then there's nothing you can do. However, a branch overhanging a power line might spark some interest from the power company. Of course, they were so cheap-assed on cutting trees that they caused the Aug 2003 outage from it. So contact FirstEnergy and be prepared to be roundly ignored.

posted by GuestZero on Jul 03, 2008 at 02:11:52 am     #



See my past posting called, "It's not my tree."

posted by tjintoledo on Jul 03, 2008 at 11:19:44 am     #



I'm going 'off the cuff' here, but I'm thinking that if you send a REGISTERED letter to the owner of the tree, advising them of the dangerous overhanging limbs, this might hold them liable for any damages.

The letter provides evidence they knew about the situation, important in court. (You may not have to bring suit - your insurance company might do that.)

BUT, I'd check with an attorney first!

(Naturally, you've talked to this neighbor and tried to rectify it in a friendly manner, right?)

posted by GraphicsGuy on Jul 03, 2008 at 12:57:12 pm     #



I have the same situation. I'm not sure who owns the home as it is a rental.
The tree is huge, the branches that overhang my yard and garage are probably 30+feet up. The tree is not healthy, it is losing leaves already this early in the summer. It makes a mess of my pool.

I really don't want a repeat of 2 years ago when my neighbors 40 foot pine came down on my garage and caused around 4k damage, including 800.00 to remove the tree. All of which was paid by MY insurance, minus the $250.00 deductible that I had to pay.

posted by JeepMaker on Jul 03, 2008 at 01:12:09 pm     #



I'm a live and let live sort. Since the tree isn't bothering you, let the poor people next door alone. I'm sure your next door neighbors have enough pain, frustration and agony in their lives without your contribution.

posted by madjack on Jul 03, 2008 at 01:21:15 pm     #



The homeowner has a duty to take whatever steps are possible and necessary to protect his property. If this means hiring an insured tree company to remove the offending limbs on your side then it is your responsibility. If this can't be achieved without access from your neighbor's side then request access. If access is denied then get one or two written statements from a Certified Arborist that the tree presents an immediate and future hazard to your property and life. Send a certified letter to the tree's owner and enclose a copy of the arborist's statement(s). In the letter notify the owner that the tree has been professionally identified as a hazard and, since access has been denied for you to remedy the hazard, he is now the financially responsible party for any possible future damage. CC your insurance carrier in the letter. Send your insurance carrier a copy of the certified letter along with a copy of the certified letter receipt. It is always your responsibility to take care of tree limbs hanging over your property from a tree located on someone elses property. Stand up and get it done. If other neighbors are similarly situated you might get a "group rate" from a tree company to get all the work done at once. Certified Arborists commonly write tree evaluations. It's what they do. If you call the utility company they will only remove limbs that they judge could cause a problem with the power lines. Might help you and it might not.

posted by holland on Jul 03, 2008 at 02:26:27 pm     #



The law on tree ownership is antiquated and ridiculous. I keep every tree in my yard well groomed and off the property of surrounding houses. I do this because the last house I owned had no trees on the property, but branches from a neighbors tree constantly fell into my yard and one went through the rear window of my car.

The problem shouldn't be yours to handle. The owner of the tree should take care of it on a yearly basis and remove dead/fragile branches. Most people have trees and just forget about them. Buying a property that has trees should be calculated into the expense of the property before a person buys such a property.

Recently, a lot of court cases have been siding against the tree owners when neighboring property is damaged. Most court cases used to be dismissed as an act of God, but if the tree is distressed/dead/or has some disease then the owner of the tree is responsible for any damages that occur. And, most trees do fall into the diseased/distressed category.

posted by JJFad on Jul 05, 2008 at 12:40:14 am     #



PEOPLE! If you have a tree in your yard, then trim it and take care of it. I should not be responsible for your tree. Lazy, stupid people that force their overgrown trees onto others until property is damaged should be eradicated from ownership of property.

posted by LorLee on Jul 06, 2008 at 06:49:25 pm     #



LorLee, you might want to think that through a bit.

JJFad - as a Master Gardener I can tell you with full confidence that most trees do NOT fall into the diseased/distressed category.
I do applaud your tree maintenance ethic. I hope your pruning and trimming follows good tree care practices for the species you are dealing with. There is good information (free) to be had from the Lucas County Urban Horticulture Office of The Ohio State University Cooperative Extension.

http://osutbg.osu.edu/

posted by holland on Jul 06, 2008 at 09:42:03 pm     #



Thanks for all the input! To clear a few things up: the branch is nearly the height of a 2 story home, and outstretches about 20 feet. Consequently, a few ladders --- even duct taped together, wouldn't cut it (no pun intended). We'd send up the grandkids, and or do it ourselves but fear the cost of multiple funerals would also be outside our budget as it's clearly too dangerous.

We took to getting estimates from insured places and the median average was over $700 - a few tree services came, took one look at it and declined to bid as they thought it was too dangerous too.

The crazy neighbor took to calling the police each time she saw a tree service provider coming to give estimates.

The police, equally impressed by the 'widow-maker' branches advised us to call the City inspector, who may order the branch cut down and or order the foresty division to cut it down and assess the responsible home owner's taxes.

This of course, is the least appealing option, but may end up where this goes.

Thanks for the certified letter with estimates idea. Since reading that here, we've done that too.

We're sad really. No one wants to be at odds with the neighbors over a tree but the issue here is personal responsibility and in this case, that personal responsibility is not ours to bear.

posted by anotherblogger on Jul 09, 2008 at 10:30:07 am     #



"The police, equally impressed by the 'widow-maker' branches advised us to call the City inspector, who may order the branch cut down and or order the foresty division to cut it down and assess the responsible home owner's taxes."

Ho ho! I didn't know that.

posted by GuestZero on Jul 09, 2008 at 05:30:56 pm     #