Tree law! Tree law!
This is insanely complicated in many jurisdictions.
Where I am, you are entitled to remove overhanging branches, but you must return the cutting to the owner (most people don't do this).
However, this does come with an obligation to not do anything which can materially affect the stability or health of the tree.
If you were to do something like the OP and the tree later fell over or died, you would be legally liable, unless you could show evidence that you consulted a tree surgeon who advised that this was safe to do.
And that's just the tip of the iceberg.
Weirdly, tree law seems really complicated in theory, but most people never really have to deal with it in practice. My neighbours and I just trim whatever is hanging over our own property and it's fine.
Where I am, yes. The tree is the property of the person on whose land it grows. The neighbour can cut overhanging limbs, but they remain the property of the tree owner, so you're required to throw the cuttings back over the fence.
Or, from another perspective, maintenance of the tree is a responsibility of the tree owner, including the disposal of any cuttings. So if the neighbour does the cutting, he is entitled to throw the cutting into the tree owner's yard for them to dispose of.
True as far as I know, but the other party can’t do harm, come onto the other party’s property, ruin the symmetry, etc.
But that’s just amateur internet research stuff and it’s worth the sixty seconds I invested in it at most.
Definitely lawyer time.
Birds live in that tree which means this falls under "bird kaw". I'd consult a bird lawyer. I happen to know the best damn bird lawyer this country has ever seen. DM for info.
Given the fact that birds don’t have toes, I believe his opponent may have read law in California and perhaps skipped avian emphasis altogether.
“I for one am not going to sit here and listen to you bad mouth the American Blue Jay! Gentlemen!”
Wins every closing.
EDIT: have just received a Cease and Desist from the law firm of Anisodactyl, Zygodactyl, Heterodactyl, Syndactyl, and Pamprodactyl. Birds have toes. I thought they were called digits.
Here’s an interesting tidbit about evolution ending up with the same trait after many different avenues.
>>The zygodactyl arrangement is a case of convergence, because it evolved in birds in different ways nine times.
>>In many perching birds – most woodpeckers and their allies, ospreys, owls, cuckoos (including roadrunners), most parrots, mousebirds, some swifts and cuckoo rollers.
>>Woodpeckers, when climbing, can rotate the outer rear digit to the side in an ectropodactyl arrangement. Black-backed woodpeckers, Eurasian three-toed woodpeckers and American three-toed woodpeckers have three toes – the inner rear is missing and the outer rear points always backward and never rotates.
>>Owls, ospreys and turacos can rotate the outer toe back and forth.
Why did they do that??
From what I’ve read, some trees don’t tolerate this kind of trim. I also understand it makes some more likely to blow over. Have an arborist come and evaluate this tree.
It also looks like they may have trespassed.
As for the why, he doesn't want the tree there and isn't allowed to cut it down. He's kind of forcing OP's hand to either cut it down or have it eventually fall on his garage.
Should have talked it out with OP. Shitty neighbor.
I mean you don’t know if they talked before hand. We had to do this once cause the trees were dropping sap and ruining our cars but the neighbors refused to help do anything about it. Was told to cut the branches right at the property line cause there was nothing they could do about that
But you don’t want another mature tree in that area. Based on the photo, there isn’t nearly enough space. I get why the neighbor did it, but he was a total asshole to handle it the way he did.
Deff jumping to conclusions, aren't many people who do this as step 1
This is just a photo with 1 side of the story. Who knows how many attempts to reason were passed over before this
Ops lack of explanation or even answering questions kinda tells all
The perspective of the photo could be making it look more closed in than it actually is. Only OP can tell us.
But you’re right that the neighbor was in the wrong.
Realistically you’re more likely to be paid out. Replacing fully mature trees like that is wildly difficult. If it were a smaller species that was fully mature, then yeah you’d probably get a new tree.
This looks like one of those long-standing issues between neighbors about this tree, which looks dangerously close to needing to be removed before it causes massive damage when it falls over.
Any branches hanging over in most places around the world, they can cut off. Any branches that clearly was on your side or if someone trespassed (intentional meant for harming the tree on your side) than that's the issue
Yes, but generally you're not allowed to destroy the tree in the process. It's one thing to trim low-hanging branches that may present an issue, it's another to destroy an entire tree in the process.
It really just depends on where you live. Where I am, this is totally allowed. I only cut lower branches from my neighbor’s tree because I’m not an asshole but if I wanted to do what we see in OP’s pic, I could without consequence.
I suggest you double check. Chances are you are allowed to cut as much as you want PROVIDING you are not causing damage to the health and safety of the tree.
Thats not accurate at all for my state. If a branch is over my property line I can cut it off right at the property line without any other considerations.
You are allowed to cut them off to a point.
For example any branches hanging voer my property I am allowed to cut/ trim PROVIDING I am not causing harm to trees health and safety. This is a case of crossing that line as they took to much and are risking the health and safety of the tree.
I have one near my property the owner does not maintain it so I do cut it back from my fence line but it big. Another I keep the branches over my property in a healthy state but not going to cut them off as that would cause damage to the tree.
Trimming the branches to the collar gives the tree a better chance to survive and let the cambium layer heal. If they just cut to the fence line, those branches would absolutely die later anyway
Makes me wonder if the neighbour got advice before doing this. I dont know shit about trees, but I would assume most assholes would have just chopped the branches at the fence line, instead of talking to OP like a decent neighbour.
I wouldn't want that tree hanging over my property either. Looks like a Willow tree and it has split branches, split trunk, possible mistletoe, lost a lot of bark and overall does not look healthy. That limb hanging over the garage is about to fall off and damage your property. Why should your neighbor allow it to damage theirs too?
Tree looks perfectly healthy, and because it's not their property to do this to. If those neighbors didn't check their states laws, they're likely to have an expensive bill coming after the court date.
Correct in most jurisdictions. There’s a tree in our neighbors yard that is massive and dying with a shitload of branches overhanging our roof. Currently in a battle of “either we can split the cost to take it down or I’ll just have an arborist come out and trim down every branch that crosses our property line.
It’s pretty common in homeowners insurance policies that no tree branches hang over a roof. If you have a claim from a branch falling on your roof you can be certain they’ll make you trim anything back crossing the plane if they’re to continue covering you.
It would have been pointless as the branch was their responsibility and not the neighbors. Also most insurances don’t cover things like tree fells and other natury things.
Yeah, this 100% sounds less like "insurance doesn't cover this" and more like "we didn't have the right coverage for insurance to cover this." Tree falls get covered all the time, both on the property AND auto side.
What does that cost?
In germany I pay 75€ a month for a "full Kasko" wich basically means even if I am the reason for a car crash, the whole costs will be burdened by the insurance
The cost varies greatly from state to state, what kind of car you are insuring, and the history of the driver being insured. I’m maybe $100/month for everything for a brand new Tesla Model Y in NY. But I’m 49 years old with no traffic tickets, accidents, or claims on my record. The cost would be significantly higher for an 18 year old in a dense city with an accident and two tickets within the last 3 years. Maybe $200-300 higher.
It is pretty unfortunate but sometimes there's not much of a choice. We recently had to have our neighbor's tree trimmed way back because there were branches literally resting on our roof and our homeowner's insurance said we needed it trimmed back to the property line. The tree looks a little funny now but nowhere near as bad as OP's. In OP's case, I blame the person that cut the tree more so than the neighbor. There's a nicer way to cut back the tree that doesn't risk the health of the tree.
I like to live dangerously lol I hand-feed pecans to squirrels on my front porch. I know I'll regret it when they take up residence in the attic someday 😫😂
The US is weird when it comes to laws, with each state, county, and city having (sometimes wildly) different laws, but where I live in the US, anything on my tree over my neighbor's fence line isn't my tree anymore and the neighbor is free to trim straight up just like the person in the OP did.
That's the law where I live in South Texas too and it's an important one
Hurricanes make trees a huge hazard here. So if someone's tree is hanging into my yard, I'm allowed to cut back those lines to reduce the chances of them breaking off during a storm and crashing into my home. Because the other side to this is if a tree crosses onto your property and destroys your stuff, the neighbor isn't heald liable because the tree is now on YOUR property.
There is a small sub rule that if you can show a paper trail of you warning the neighbor that their tree is unsteady and about to fall, and the neighbor ignored that, THEN you can try to make them pay for damage, but it's not easy to do
So basically we are all responsible for our own property.
From the photo - the tree looks bang up to the fence/property line. Depending on jurisdiction they have every right to trim the branches hanging onto their property. Planting that tree was a poor choice
Yes, but generally you don't have the right to ruin/destroy/mangle the tree.
>A property owner cannot cut the entire tree down, destroy the structural integrity, or ruin the cosmetic symmetry and appeal of a tree by improper trimming. If you do harm the tree, you could be liable for up to three times the value of the tree.
[https://www.findlaw.com/realestate/neighbors/conflicts-involving-trees-and-neighbors.html#trim-branches](https://www.findlaw.com/realestate/neighbors/conflicts-involving-trees-and-neighbors.html#trim-branches)
To be fair the neighbor may have been mildly infuriated at what the tree was doing to their property.
My question is, had they asked you cut down the tree and branches from their side, would you?
I would do the same to be honest. I was dealing with a pretty huge mango tree in our neighbors yard that has branches "tresspassing" our yard. I didn't mind it at first but my ignorant ass didn't think that it would cause a part of the wood in our roof to rot after a while. We don't really have a lot of money so having that part of our house repaired hurts quite a lot, monetarily.
Edit: spelling
My assumption is that the branches hang low enough that when it rains the branches drop water in areas of the roof where it can seep through. I thought there was some sort of paint like material that you could use on shingles to seal them and protect them from absorbing water ? Not a home owner but remember seeing something similar in another post. Or maybe it was water resistant and sealed shingles ? Someone confirm.
Yup, basically the branches were resting on our roof and yeah, you know the rest. Decaying leaves pile up causing water damage. Insects and the other small critters may have also contributed to the further degredation of the wooden parts on our roof.
Exactly! I have a Sycamore tree that has a branch that now goes completely over my neighbors driveway. I love my tree but if I was them, I’d chop it the fuck off- it drops shit on their cars. I ran over there and told them I know, I know it’s huge and I’m getting quotes/ saving- it will be handled by end of summer. They were glad I brought it up and totally cool with a couple more months. Ultimately, they could chop it off and it’s their right.
If I asked you to cut it and you just dragged ass for a while I would have did the same thing. But if they just did it out of the blue then I can see why you would get upset.
Clearly then they weren't happy with the limited work done. You can't expect to grow a tree nearly 50% over your neighbours garden without consent. Sadly you should have accounted for the size of the canopy when you positioned the tree.
It doesn't really matter tbh. They own the tree trunk portion. The neighbor is within their rights to trim the overhanging branches. OP could talk to the neighbor about it but given that they already pruned half the tree, imo best course of action is to remove the tree entirely and replace with a native tree that grows similarly to cedar, or maybe a lower flower bush or something.
I bought a house with a crab apple tree that is basically in the fence. I ask my neighbor at least once a year if she has any problems with it cuz it covers the back 25% of her yard.
Luckily she likes it tho. She knows she can tell me if there are ever any problems and I'll fix them.
I trim all my neighbors branches like that also. The ones that hang over to my yard. They shouldnt have been planted up against the fence. and they certainly don't help me clean up the leaves so....
Good for them. I did same. Neighbors ignored my requests so it went down. The tree was just place which lured rats and made shade over my property. Old ugly walnut tree.
Just so you’re aware your neighbors have the right to cut anything hanging over their side. Sounds like you didn’t do your job having it trimmed properly. It’s your problem.
I keep telling the owner of the duplex next door that when I redo my driveway that the tree roots that have destroyed my driveway are not going to have a good time and that he should have the tree removed beforehand.
He's a slumlord though, so of course he's doing nothing about it.
You can trim it if it overhangs your property depending where you're from. However, they've clearly taken the piss and gone over your side.
If they've been asking you to trim it for a while because its overhanging there fence line, then you could see why they've done what they have. If they havent then Id be taking revenge on one of theirs
In Australia you are only allowed to remove what is on your side of the fence, so this would be a prosecutable offense as they have cut it back on your side of the fence
As a property owner who has gone through this situation, it’s infuriating to have a neighbors tree damage your property. I’ve had root damage to my foundation, roof/gutter damage, vehicle damage, etc. I finally cut all the limbs at my property line and eventually paid to have the tree taken down (60’ tall Hackberry) because if I dealt with the roots there were concerns of it falling on the neighbors house. I love trees, but they need to not damage property/be a nuisance.
In the end, we need to be good neighbors and figure out how to coexist.
So apparently nobody mentioned the obvious. You should be glad they are going to force you to cut it down. Trees should never be planted near structures or fences. The roots eat through every ground you have built. so fuck that fence and fuck that garage. The roots are as wide as the leaves generally.
This not good for your house’s future.
Grown trees need to pruned in a balanced, uniform pattern of branches. Removing all the weight on one side of a trunk can produce some interesting reactions over time.
A guy in my neighborhood did this to his neighbor. Neighbor’s tree died a couple weeks later.
The AH who cut the tree had to pay $4000 to remove the dead tree and buy him a tree that was around $10,000.
Unless that tree is growing out of the fence, they clearly trespassed/they can’t cut what’s not on their side. None of those cuts should be flush with the trunk.
This just makes no sense to me. People being petty and making the tree pay the price for that. Perfectly trimmed half of it off....why? Does this look better to these people or would a nice full natural tree be better? This kind of reminds me of the urban planning in my neck of the woods. They've planted large trees under power lines and they prune the middle out of the tree so their canopies are all shaped like horseshoes with now middles. Lol
The treelaw sub may be helpful.
Agreed. There are very specific laws that vary by jurisdiction (I’m talking US only. I have no idea what happens elsewhere).
Netherlands also has quite a few rules in place.
Typically tree limbs over the property line are the responsibility of that party.
Tree law! Tree law! This is insanely complicated in many jurisdictions. Where I am, you are entitled to remove overhanging branches, but you must return the cutting to the owner (most people don't do this). However, this does come with an obligation to not do anything which can materially affect the stability or health of the tree. If you were to do something like the OP and the tree later fell over or died, you would be legally liable, unless you could show evidence that you consulted a tree surgeon who advised that this was safe to do. And that's just the tip of the iceberg. Weirdly, tree law seems really complicated in theory, but most people never really have to deal with it in practice. My neighbours and I just trim whatever is hanging over our own property and it's fine.
Fuckn love tree law
It's the best branch of government there is.
I can take it or leaf it.
Tree Fiddy Law is interesting as well.
Too bad it's pretty straightforward. "Plaintiff, how much are the damages you're claiming it to be?" "About Tree Fiddy"
And *that's* when I realized he wunt no plaintiff at all; it was that gotdam Loch Ness monstah *again!*
Ur saying the neighbor can cut the limbs, but must throw them back into their (tree owners) yard?
Where I am, yes. The tree is the property of the person on whose land it grows. The neighbour can cut overhanging limbs, but they remain the property of the tree owner, so you're required to throw the cuttings back over the fence. Or, from another perspective, maintenance of the tree is a responsibility of the tree owner, including the disposal of any cuttings. So if the neighbour does the cutting, he is entitled to throw the cutting into the tree owner's yard for them to dispose of.
Anyone know if that applies to the US also. Cause that would be great.
True as far as I know, but the other party can’t do harm, come onto the other party’s property, ruin the symmetry, etc. But that’s just amateur internet research stuff and it’s worth the sixty seconds I invested in it at most. Definitely lawyer time.
i think it differs by state
Oh 100%. I was just [reading this](https://www.findlaw.com/realestate/neighbors/conflicts-involving-trees-and-neighbors.html)
well the semetry here is fucked. I would be pissed.
Where I live you can only remove them if they cause concrete harm.
speaking in generalities about a very complex issue <<<<<<
Birds live in that tree which means this falls under "bird kaw". I'd consult a bird lawyer. I happen to know the best damn bird lawyer this country has ever seen. DM for info.
Let's say you and I go toe-to-toe on bird law and see who comes out the victor.
Filibuster!
He probably will duck that battle of wits.
Probably. Because bird law in this country.. it's not governed by reason.
Given the fact that birds don’t have toes, I believe his opponent may have read law in California and perhaps skipped avian emphasis altogether. “I for one am not going to sit here and listen to you bad mouth the American Blue Jay! Gentlemen!” Wins every closing. EDIT: have just received a Cease and Desist from the law firm of Anisodactyl, Zygodactyl, Heterodactyl, Syndactyl, and Pamprodactyl. Birds have toes. I thought they were called digits. Here’s an interesting tidbit about evolution ending up with the same trait after many different avenues. >>The zygodactyl arrangement is a case of convergence, because it evolved in birds in different ways nine times. >>In many perching birds – most woodpeckers and their allies, ospreys, owls, cuckoos (including roadrunners), most parrots, mousebirds, some swifts and cuckoo rollers. >>Woodpeckers, when climbing, can rotate the outer rear digit to the side in an ectropodactyl arrangement. Black-backed woodpeckers, Eurasian three-toed woodpeckers and American three-toed woodpeckers have three toes – the inner rear is missing and the outer rear points always backward and never rotates. >>Owls, ospreys and turacos can rotate the outer toe back and forth.
I learned you can't keep a humming bird as a pet. He knows his shit.
Look at the size of his hands….
You know Harvey?!
We all know it is Harvey Birdman
>I happen to know the best damn bird lawyer this country has ever seen. DM for info. Oh where do the best bird lawyer live here in Finland?
Read it as tree law shrub, still kinda made sense!
OP is in California. This is okay under CA law.
Tree law: where every branch has its day in court.
Why did they do that?? From what I’ve read, some trees don’t tolerate this kind of trim. I also understand it makes some more likely to blow over. Have an arborist come and evaluate this tree. It also looks like they may have trespassed.
As for the why, he doesn't want the tree there and isn't allowed to cut it down. He's kind of forcing OP's hand to either cut it down or have it eventually fall on his garage. Should have talked it out with OP. Shitty neighbor.
I mean you don’t know if they talked before hand. We had to do this once cause the trees were dropping sap and ruining our cars but the neighbors refused to help do anything about it. Was told to cut the branches right at the property line cause there was nothing they could do about that
Can't op force the neighbor to pay for the install of a new mature tree?
But you don’t want another mature tree in that area. Based on the photo, there isn’t nearly enough space. I get why the neighbor did it, but he was a total asshole to handle it the way he did.
Deff jumping to conclusions, aren't many people who do this as step 1 This is just a photo with 1 side of the story. Who knows how many attempts to reason were passed over before this Ops lack of explanation or even answering questions kinda tells all
The perspective of the photo could be making it look more closed in than it actually is. Only OP can tell us. But you’re right that the neighbor was in the wrong.
Realistically you’re more likely to be paid out. Replacing fully mature trees like that is wildly difficult. If it were a smaller species that was fully mature, then yeah you’d probably get a new tree.
Treespassed\*
beat me to it!!
😄 Good one!
He either had climbers trespass or used a very tall cherry picker.
This looks like one of those long-standing issues between neighbors about this tree, which looks dangerously close to needing to be removed before it causes massive damage when it falls over.
Any branches hanging over in most places around the world, they can cut off. Any branches that clearly was on your side or if someone trespassed (intentional meant for harming the tree on your side) than that's the issue
Yes, but generally you're not allowed to destroy the tree in the process. It's one thing to trim low-hanging branches that may present an issue, it's another to destroy an entire tree in the process.
It really just depends on where you live. Where I am, this is totally allowed. I only cut lower branches from my neighbor’s tree because I’m not an asshole but if I wanted to do what we see in OP’s pic, I could without consequence.
I suggest you double check. Chances are you are allowed to cut as much as you want PROVIDING you are not causing damage to the health and safety of the tree.
You can totally cut branches. You definitely cannot destroy the tree in the process.
Thats not accurate at all for my state. If a branch is over my property line I can cut it off right at the property line without any other considerations.
Yep in texas we have weird oaks they grow low and viney. So whole trunks go over neighbors yards. They get cut and destroy the trees.
I will go out on a limb here and say the tree will eventually die from this haircut
You are allowed to cut them off to a point. For example any branches hanging voer my property I am allowed to cut/ trim PROVIDING I am not causing harm to trees health and safety. This is a case of crossing that line as they took to much and are risking the health and safety of the tree. I have one near my property the owner does not maintain it so I do cut it back from my fence line but it big. Another I keep the branches over my property in a healthy state but not going to cut them off as that would cause damage to the tree.
they trimmed it so it didn't cross their property line I'm guessing?
Trimming the branches to the collar gives the tree a better chance to survive and let the cambium layer heal. If they just cut to the fence line, those branches would absolutely die later anyway
Makes me wonder if the neighbour got advice before doing this. I dont know shit about trees, but I would assume most assholes would have just chopped the branches at the fence line, instead of talking to OP like a decent neighbour.
Unless they were purposely being malicious. Some people really don't handle being told "no" very well and get very weirdly revenge-y.
I wouldn't want that tree hanging over my property either. Looks like a Willow tree and it has split branches, split trunk, possible mistletoe, lost a lot of bark and overall does not look healthy. That limb hanging over the garage is about to fall off and damage your property. Why should your neighbor allow it to damage theirs too?
Tree looks perfectly healthy, and because it's not their property to do this to. If those neighbors didn't check their states laws, they're likely to have an expensive bill coming after the court date.
I can see why
*our* tree lol. He’s legally free to trim the branches that stick into his property.
Correct in most jurisdictions. There’s a tree in our neighbors yard that is massive and dying with a shitload of branches overhanging our roof. Currently in a battle of “either we can split the cost to take it down or I’ll just have an arborist come out and trim down every branch that crosses our property line. It’s pretty common in homeowners insurance policies that no tree branches hang over a roof. If you have a claim from a branch falling on your roof you can be certain they’ll make you trim anything back crossing the plane if they’re to continue covering you.
ULPT: Split the cost, but find a shady guy that will give you an invoice for double the actual price.
As long as the act of trimming or cutting the branches doesn't harm the health of the tree itself.
If it's a Tangerine(or any fruit) tree you should keep it and enjoy free supplies 😂
lol the neighbors have a mulberry tree that sticks over into our yard. My kids love it.
Not if it could harm the tree
[удалено]
You are legally responsible for the part of the tree that is over your property line.
Why didn't you just cut down branches on your property?
Did you sue the insurance or your neighbor
It would have been pointless as the branch was their responsibility and not the neighbors. Also most insurances don’t cover things like tree fells and other natury things.
Comprehensive coverage would cover this. Sounds like they had liability only
My car insurance would cover this under comprehensive. Similar to a payout for hail damage.
Yeah, this 100% sounds less like "insurance doesn't cover this" and more like "we didn't have the right coverage for insurance to cover this." Tree falls get covered all the time, both on the property AND auto side.
Holy shit I am glad that I live in germany, where any of these things is considered an accident and you get your money from the insurance.
U.S. Car Insurance does cover this, as long as you elect comprehensive insurance and not just the bare minimum (liability insurance).
What does that cost? In germany I pay 75€ a month for a "full Kasko" wich basically means even if I am the reason for a car crash, the whole costs will be burdened by the insurance
The cost varies greatly from state to state, what kind of car you are insuring, and the history of the driver being insured. I’m maybe $100/month for everything for a brand new Tesla Model Y in NY. But I’m 49 years old with no traffic tickets, accidents, or claims on my record. The cost would be significantly higher for an 18 year old in a dense city with an accident and two tickets within the last 3 years. Maybe $200-300 higher.
Jeah true all of that has a price inpact
You will never truly understand how lucky you are until you've got as many American friends as I do...
> No insurance covered it because it was an “act of god”. I thought there was "act of God" insurance?
He cut it past the fence tho.
Looks like the trunk might curve back over the fence, hard to tell from this angle
So from what I read din this comment section: best would be to not have a tree that crosses property lines? I really dislike the laws you guys have
It is pretty unfortunate but sometimes there's not much of a choice. We recently had to have our neighbor's tree trimmed way back because there were branches literally resting on our roof and our homeowner's insurance said we needed it trimmed back to the property line. The tree looks a little funny now but nowhere near as bad as OP's. In OP's case, I blame the person that cut the tree more so than the neighbor. There's a nicer way to cut back the tree that doesn't risk the health of the tree.
ants can get into your house from tree branches touching your roof so it’s best to cut back any foliage that’s touching your house
And squirrels can gnaw their way through vents and setup home.
I like to live dangerously lol I hand-feed pecans to squirrels on my front porch. I know I'll regret it when they take up residence in the attic someday 😫😂
And required for rental properties around me.
I’d reckon that it’s a pretty universal law that you’re allowed to trim branches overhanging your property? We have a similar law in the Netherlands.
The US is weird when it comes to laws, with each state, county, and city having (sometimes wildly) different laws, but where I live in the US, anything on my tree over my neighbor's fence line isn't my tree anymore and the neighbor is free to trim straight up just like the person in the OP did.
That's the law where I live in South Texas too and it's an important one Hurricanes make trees a huge hazard here. So if someone's tree is hanging into my yard, I'm allowed to cut back those lines to reduce the chances of them breaking off during a storm and crashing into my home. Because the other side to this is if a tree crosses onto your property and destroys your stuff, the neighbor isn't heald liable because the tree is now on YOUR property. There is a small sub rule that if you can show a paper trail of you warning the neighbor that their tree is unsteady and about to fall, and the neighbor ignored that, THEN you can try to make them pay for damage, but it's not easy to do So basically we are all responsible for our own property.
Same in Canada, BC at least. You can even throw the trimmings back over to the side with the tree - it’s their problem.
Exactly. Same as over here. Seems logical.
That’s the same literally everywhere
It's a cover so I don't get the usual barrage of "where I live!" posts.
What? Lol. It’s called my property for a reason. The law makes total sense. Because people liek this guy don’t take care of it
From the photo - the tree looks bang up to the fence/property line. Depending on jurisdiction they have every right to trim the branches hanging onto their property. Planting that tree was a poor choice
Based on the size of the tree, it was likely there before the house was built and was simply not cut down when the rest of the lot was cleared.
Yes, but generally you don't have the right to ruin/destroy/mangle the tree. >A property owner cannot cut the entire tree down, destroy the structural integrity, or ruin the cosmetic symmetry and appeal of a tree by improper trimming. If you do harm the tree, you could be liable for up to three times the value of the tree. [https://www.findlaw.com/realestate/neighbors/conflicts-involving-trees-and-neighbors.html#trim-branches](https://www.findlaw.com/realestate/neighbors/conflicts-involving-trees-and-neighbors.html#trim-branches)
To be fair the neighbor may have been mildly infuriated at what the tree was doing to their property. My question is, had they asked you cut down the tree and branches from their side, would you?
I would do the same to be honest. I was dealing with a pretty huge mango tree in our neighbors yard that has branches "tresspassing" our yard. I didn't mind it at first but my ignorant ass didn't think that it would cause a part of the wood in our roof to rot after a while. We don't really have a lot of money so having that part of our house repaired hurts quite a lot, monetarily. Edit: spelling
Yikes! How did that happen? Did the mangos fall on the roof and rot?
My assumption is that the branches hang low enough that when it rains the branches drop water in areas of the roof where it can seep through. I thought there was some sort of paint like material that you could use on shingles to seal them and protect them from absorbing water ? Not a home owner but remember seeing something similar in another post. Or maybe it was water resistant and sealed shingles ? Someone confirm.
Yup, basically the branches were resting on our roof and yeah, you know the rest. Decaying leaves pile up causing water damage. Insects and the other small critters may have also contributed to the further degredation of the wooden parts on our roof.
Sure its your tree But those are his branches if they go over the fence and he can do what he wants with them
Exactly! I have a Sycamore tree that has a branch that now goes completely over my neighbors driveway. I love my tree but if I was them, I’d chop it the fuck off- it drops shit on their cars. I ran over there and told them I know, I know it’s huge and I’m getting quotes/ saving- it will be handled by end of summer. They were glad I brought it up and totally cool with a couple more months. Ultimately, they could chop it off and it’s their right.
What is the neighbor supposed to do if you aren't maintaining the tree?
That’s a bit of a leap to say OP isn’t maintaining it. No before shot or backstory included here.
Uh no your neighbor cut all the bullshit branches hanging over the fence line, I do this all the time.
Is your neighbour on the right or left hand side of the tree… /s
I see a lot of hub bub about tree law, but who’s confirmed the Bird Law issues? 
Just a thought, don’t plant a tree at the property line. It never ends well.
The portion of the tree that hangs over his property is his portion of the tree…
That tree probably look really nice before he “trimmed” it
I agree. Hell, I'll bet it's only half as nice now as it was before.
If I asked you to cut it and you just dragged ass for a while I would have did the same thing. But if they just did it out of the blue then I can see why you would get upset.
Get this. We literally just had a professional come out and cut it last week.
Do you have a picture of the tree from after the professional trimmed it?
The 'professional' said it was ok for a huge tree to be so close to your garage, including the giant branch suspended over the roof?
Professional? There’s a huge branch on top of your roof lol
Clearly then they weren't happy with the limited work done. You can't expect to grow a tree nearly 50% over your neighbours garden without consent. Sadly you should have accounted for the size of the canopy when you positioned the tree.
You are making a lot of assumptions, were did the owner say they planted it?
It doesn't really matter tbh. They own the tree trunk portion. The neighbor is within their rights to trim the overhanging branches. OP could talk to the neighbor about it but given that they already pruned half the tree, imo best course of action is to remove the tree entirely and replace with a native tree that grows similarly to cedar, or maybe a lower flower bush or something.
Buddy I'd then go on and tell them they are a jerk then.
He should tell them the jerk store called…
You need to get you beef jerk-y
Don't have trees that overhang other people's property. Pretty simple.
I bought a house with a crab apple tree that is basically in the fence. I ask my neighbor at least once a year if she has any problems with it cuz it covers the back 25% of her yard. Luckily she likes it tho. She knows she can tell me if there are ever any problems and I'll fix them.
Yep. This.
Guess I’ll just go outside and tell the trees to stop growing that way?
Trees are big, yards are small so... no more trees for anyone!!! The world according the Gareth666.
I trim all my neighbors branches like that also. The ones that hang over to my yard. They shouldnt have been planted up against the fence. and they certainly don't help me clean up the leaves so....
Looks all right to me.
People need to stop planting trees right on the fence line.
Would hazard to guess that the tree was there first...
Good for them. I did same. Neighbors ignored my requests so it went down. The tree was just place which lured rats and made shade over my property. Old ugly walnut tree.
Just so you’re aware your neighbors have the right to cut anything hanging over their side. Sounds like you didn’t do your job having it trimmed properly. It’s your problem.
It’s over their side they can do what they want
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I keep telling the owner of the duplex next door that when I redo my driveway that the tree roots that have destroyed my driveway are not going to have a good time and that he should have the tree removed beforehand. He's a slumlord though, so of course he's doing nothing about it.
You can trim it if it overhangs your property depending where you're from. However, they've clearly taken the piss and gone over your side. If they've been asking you to trim it for a while because its overhanging there fence line, then you could see why they've done what they have. If they havent then Id be taking revenge on one of theirs
That’s why you need a good understanding with your neighbors
In Australia you are only allowed to remove what is on your side of the fence, so this would be a prosecutable offense as they have cut it back on your side of the fence
And that's why I live out in the country where most of the trees get to grow as big as they like. I'd be more than mildly infuriated at that neighbor.
Half a tree is better than no tree at all
Was the tree on your property? Sue them.
If it was dropping shit in my yard and you never did anything, i would have done the same thing.
As a property owner who has gone through this situation, it’s infuriating to have a neighbors tree damage your property. I’ve had root damage to my foundation, roof/gutter damage, vehicle damage, etc. I finally cut all the limbs at my property line and eventually paid to have the tree taken down (60’ tall Hackberry) because if I dealt with the roots there were concerns of it falling on the neighbors house. I love trees, but they need to not damage property/be a nuisance. In the end, we need to be good neighbors and figure out how to coexist.
So apparently nobody mentioned the obvious. You should be glad they are going to force you to cut it down. Trees should never be planted near structures or fences. The roots eat through every ground you have built. so fuck that fence and fuck that garage. The roots are as wide as the leaves generally.
Has your neighbor ever spoken with you about trimming your tree?
OP says in the comments that they just had it trimmed a few weeks prior.
This not good for your house’s future. Grown trees need to pruned in a balanced, uniform pattern of branches. Removing all the weight on one side of a trunk can produce some interesting reactions over time.
A guy in my neighborhood did this to his neighbor. Neighbor’s tree died a couple weeks later. The AH who cut the tree had to pay $4000 to remove the dead tree and buy him a tree that was around $10,000.
As a certified arborist, there is a 0% chance a tree can die in just two weeks, aside from lightning, wind dmg etc.
He cut off the part of the tree that was his, only NOW is it fully your tree
Unless that tree is growing out of the fence, they clearly trespassed/they can’t cut what’s not on their side. None of those cuts should be flush with the trunk.
Where I live, this is an administrative offence that can be punished with a fine of up to €10,000.
I would have done the same
This isn’t mildly infuriating I’d be throwing hands
Just resting a limb
The bits that hang over your neighbor's property are not your tree.
Bend the top over and make it a giant bonsai.
This just makes no sense to me. People being petty and making the tree pay the price for that. Perfectly trimmed half of it off....why? Does this look better to these people or would a nice full natural tree be better? This kind of reminds me of the urban planning in my neck of the woods. They've planted large trees under power lines and they prune the middle out of the tree so their canopies are all shaped like horseshoes with now middles. Lol
wow, did they say anything before or after? sorry for your tree, OP
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"Our tree"
Your neighbour has a bad neighbour
Did you trim it or just leave it? I guess if you took care of it, your neighbor wouldn’t have had to.
OP said they had it trimmed 2 weeks prior.
Haha probably over the fence trimming rule or something