Question about cutting Neighbor's tree!!!

According to the TV show Judge Judy, you can trim what goes over your fence. But that's just a TV show. You should try asking first.

If it was me, I would wait until it gets dark, wear a black ninji suit, and sneak out there and trim that sucker of a tree! I'd probably see if Remington would join me. I might get in trouble (and Cheri might yell at me haha) but - it would be fun! Almost as much fun as the stuff I used to do in junior high school! Ok, I'm just kidding. ;)

Judge Judy scares me, yo! :Ohno: Like I said previously - laws regarding property and trees vary state-by-state, borough-by-borough, town-by-town.. just gota wait till Rick calls back.
 
I guess it would depend on where you are.

According to my friends, you are allowed to cut any branches or plants that hang over into your property.
 
Here's some information:

First, this situation is referred to as “abatement of a nuisance":
the removal or termination or destruction of something that has been
found to be a nuisance.

"Suppose a tree trunk stands completely on one person's land, the
branches project over another person's land, and the tree roots
extends into the soil of another...the other property owner may cut
the branches and remove them if they are a nuisance...The adjacent
owner is regarded simply as tolerating a nuisance. In addition, the
mere existence of a nuisance for any length of time will not allow to
create a perspective right. The adjoining owner may cut off the
projected branches if they're a nuisance."

Source: Blackstone Paralegal Studies: Real Property, Part II

====================

If the roots or branches of your neighbor’s tree encroach on your
land, you can cut them back to the boundary line. If you do not want
to do this yourself, you can ask a district court for an order for the
trimming or even removal of the tree.

However, if the tree is not causing harm or loss of enjoyment,
abatement may be your only remedy. If you do choose this option, you
must do no more than is necessary to abate the nuisance. No
unnecessary damage should result, and you should not trespass on your
neighbor’s property.

Nor may you create any other problems for your neighbor. You must not
poison the roots or spray the tree with herbicide, as the consequences
would extend beyond your property. If you are cutting out part of the
tree's roots, take care not to undermine the stability of the tree or
the ground around it.

Cuttings and fruit belong to the tree owner. You can put them back on
their property, taking care not to cause any damage, or ask them to be
removed.

If the trunk of the tree extends over the boundary, this does not give
you the right to chop it down. A tree planted on your neighbor’s land
belongs to them, and they will be liable for any damage it causes.

However, if the tree was planted on the boundary, you are probably a
co-owner. If your neighbor does not agree to have the problem
resolved, you can apply to a district court for an order for removal
or trimming.

Who pays? If you have incurred costs in cutting back the roots and
branches on your side of the boundary, you probably will not be able
to claim them back from the tree owner.

But if the roots of your neighbor’s tree have damaged your drains or a
branch falls on your house, they will probably have to pay. Even if
the damage results from forces outside your neighbor’s control, they
may still be liable if they could have been expected to know the tree
was unsafe, and did not take reasonable steps to make it safe. This
means they will have to pay the costs of fixing up the problem as well
as any compensation that may be due.

Even if your neighbor’s tree has caused no damage, but is simply being
a nuisance, perhaps by blocking sun or light, they may still be liable
for the cost of getting the nuisance resolved. This is because tree
owners should take reasonable steps to stop the trees interfering with
their neighbor’s enjoyment of their own properties.

Local councils are generally reluctant to become involved in
neighborhood disputes about trees. However, many trees are protected.
Classification of a protected tree will vary among councils and may
include specimen trees above a certain height, native vegetation, or
even "blanket protection" of all trees in your area. _Before you start
to chop down all or part of a large tree, check with the council
whether you need special permission._

Other forms of tree protection include the listing of significant
trees in a district plan, heritage orders under the Resource
Management Act and voluntary protection under the Heritage Covenant
provisions of the Historic Places Act. There are substantial fines for
ignoring some of these protections. Your local council will be able to
supply you with details of its policy.

Some councils will also supply information on tree care and will give
names of recommended arborculturists.

If your tree is creating problems near a road or public land, the
council can issue a notice ordering you to remove or trim it. This
might happen if the tree is damaging roads, drains or other public
amenities, or if it obstructs traffic or the view of road traffic.
Several other statutory authorities also have this right.

If you want to challenge the council's view you can apply to the
district court to have the notice set aside. But you will need to be
quick: in some situations you will only have 10 days in which to do
this.

If you simply ignore the notice, the council can enter your property
and carry out the work itself. You will have to bear the cost and may
also be fined. In an emergency where there is imminent danger to life,
property or roading, the council can do this at your cost with only
verbal notice being provided beforehand. But it cannot do more than is
necessary to prevent danger.

The council must also look after its own trees according to the same
basic rules as everyone else. Most councils have written policies
covering this, which vary from council to council. The question of who
pays for what also varies.

The first step is to let the council know there is a problem. If you
are not happy with the response, you can proceed as if the council
were a private landowner: perhaps by cutting back the offending roots
and branches, trying to get the council into mediation or even
starting legal proceedings.

If you want to plant trees or shrubs on council land, you must get
permission first. It is an offence to do this without authorization.
Illegal plantings can interfere with drains or public works, or they
may be considered inappropriate for a particular environment. It is
also an offence to remove or damage trees or shrubs growing on council
reserves, except within the normal scope of abatement.

If a tree owner and an aggrieved neighbor can't agree on what to do,
several courses of action are open.

Mediation and arbitration - Both mediators and arbitrators are
available to help resolve a dispute. However, neither party can be
forced to take part in either of these processes.

A mediator will help you negotiate a solution to the dispute. An
arbitrator will impose a solution. Mediation is less formal and
usually less expensive, but cannot be enforced by a court unless you
have included enforcement procedures in your agreement. An arbitrated
settlement is backed by the courts.

Before you start, you should work out the likely costs. Mediation and
arbitration are charged on a time basis, and both parties are expected
to pay an equal share, unless another agreement is reached.

Disputes Tribunals can hear claims for damages to property for amounts
up to $7,500 (or $12,000 if the parties agree). Typical examples are
claims for damage to drains, driveways, foundations and fences.

However, generally a tribunal referee will not be able to hear claims
when the dispute is over loss of light, sunshine or views, or involves
removal or trimming of the tree. In the latter case, a referee can try
to help the two sides reach agreement. However, if your neighbor
decides to ignore this, you will have to go to the district court to
try to get the problem resolved.

District Court - Claims for more than $7,500, or that involve the loss
of light, sunshine or views, or that involve the removal or trimming
of trees, can be taken to a district court. The court can award
monetary compensation for damage caused by a tree. It can also order
that a tree be removed or trimmed. Claims through the District Court
will almost certainly require the help of a lawyer and can be
expensive.

Source: Consumer On-Line http://www.consumer.org.nz/topic.as...&title=Your rights&contenttype=summary&bhcp=1
 
Wow very interesting..

Rick isn't calling me back Sooo Probably calling me back on business hours on Monday :dunno2:

Have a great weekend ;)

will update post! :D
 
Yes it's legal to cut the branches off if it's hanging over your property and the neighbor can't do damn thing about it. It's the same for telephone and electric companies cutting the trees' branches so it won't touch the wires. They don't ask for your permission.
 
If it is happens in my home, i would probably leave that alone because i want to have shade to keep me cool and enjoy to smell the fresh air, read the book under the tree's shade, and watch some clouds dancin'. WHY NOT?
 
Yes it's legal to cut the branches off if it's hanging over your property and the neighbor can't do damn thing about it. It's the same for telephone and electric companies cutting the trees' branches so it won't touch the wires. They don't ask for your permission.
But wouldn't it be good idea to talk to your neighbors first unless if you don't mind losing your peace with the neighbors?
 
Originally Posted by Remington
Yes it's legal to cut the branches off if it's hanging over your property and the neighbor can't do damn thing about it. It's the same for telephone and electric companies cutting the trees' branches so it won't touch the wires. They don't ask for your permission.

But wouldn't it be good idea to talk to your neighbors first unless if you don't mind losing your peace with the neighbors?

Remington, Brian is correct about this. Yes I know it´s legal but it would be nicer when you let your neighbor know and then solve with them first before do something.
 
One of my neighbor´s sweet cherry trees hanging over my property. We check with my neighbor about this before we want to cut several arm of their trees off. They do not against it and then offer their suggestion to us to leave it alone and can collect many cherries from there where it hanging over my property as our own property if we like to. We agreed to leave her cherry tree alone because we like to pick their cherries and eat or make jams/pie... ... :giggle: Sadly, they have to cut sweet cherry tree off to extend from small garage to bigger one... :tears:


Phillip, accord your decription, yes it´s a legal to cut arms of tree off where it hanging over your property. I would advise you to check with city hall for advice and tell them what you told us here if your solution with your neighbor doesn´t work. I would not do that what Remington suggest because it would create more problem.

Good Luck.

 
If it is happens in my home, i would probably leave that alone because i want to have shade to keep me cool and enjoy to smell the fresh air, read the book under the tree's shade, and watch some clouds dancin'. WHY NOT?

not if it's dropping craps all over your property like caterpillar nests, locust skins, etc.
 
Aww shush! I missed that posting!! But hope you had chance to read mine.

I have experience cutting neighbor's tree branches by my property line. It was two cranapple trees that its branches hanged over and drops cranapple on my property. I wasn't too happy. SO I use trimmer and trimmed EXACTLY on property line so it won't hangs over my property. It may look funny but my neighbor doesnt know what I did. I even trimmed the tree at the corner of my fence, (the 90 degree corner) and I trim exactly 90 degree corner :lol:. It was funny that my wife saw what I did and she said hey that look funny!! I told her so what! As long as cranapple falls into THEIR property, not OURS!!. So at least I don't have to worry picking up fallen cranapples on my property.

So I didn't tell my neighbor what I did, I did the job while they were gone to work. Hee Hee Hee.:twisted::twisted::twisted:

Catty
 
Phillip, accord your decription, yes it´s a legal to cut arms of tree off where it hanging over your property. I would advise you to check with city hall for advice and tell them what you told us here if your solution with your neighbor doesn´t work. I would not do that what Remington suggest because it would create more problem.

I seriously doubt they will agree to allow Phillip to cut the branches over Phillip's property because they refused to cut their own SICK tree. Read Phillip's original post again and you can draw his conclusion about the type of neighbor he got.

Last year I asked them to cut their sick tree.. Said NO! :ugh: They leave messy on their yard!! Long grass, sick tree, bee hives on their brand new house! :eek:

That's why I said Phillip is within his rights to cut their branches that crosses into his property. He does not need their permission and the neighbor can't do **** about it.
 
I seriously doubt they will agree to allow Phillip to cut the branches over Phillip's property because they refused to cut their own SICK tree. Read Phillip's original post again and you can draw his conclusion about the type of neighbor he got.



That's why I said Phillip is within his rights to cut their branches that crosses into his property. He does not need their permission and the neighbor can't do **** about it.


Pour gasoline and light er' up then watch a bonfire between fence. :rofl:
 
I seriously doubt they will agree to allow Phillip to cut the branches over Phillip's property because they refused to cut their own SICK tree. Read Phillip's original post again and you can draw his conclusion about the type of neighbor he got.

That's why I said Phillip is within his rights to cut their branches that crosses into his property. He does not need their permission and the neighbor can't do **** about it.
It's true that it isn't required for Phillips to get permission to cut the tree limbs. It's usually more courteous to inform the neighbor first, and find out if the neighbor has any plans for cutting down the tree. But only Phillips can judge the neighbor's attitude and possible reaction, so we'll leave that in Phillips' hands. :)
 
Aww shush! I missed that posting!! But hope you had chance to read mine.

I have experience cutting neighbor's tree branches by my property line. It was two cranapple trees that its branches hanged over and drops cranapple on my property. I wasn't too happy. SO I use trimmer and trimmed EXACTLY on property line so it won't hangs over my property. It may look funny but my neighbor doesnt know what I did. I even trimmed the tree at the corner of my fence, (the 90 degree corner) and I trim exactly 90 degree corner :lol:. It was funny that my wife saw what I did and she said hey that look funny!! I told her so what! As long as cranapple falls into THEIR property, not OURS!!. So at least I don't have to worry picking up fallen cranapples on my property.

So I didn't tell my neighbor what I did, I did the job while they were gone to work. Hee Hee Hee.:twisted::twisted::twisted:

Catty
I'm curious about this "cranapple" tree. Ocean Spray Cranapple juice (one of my favorites) is a blend of cranberries and apples but I've never heard of a cranapple tree. That would be some interesting genetic engineering.

Could it be a crabapple tree?
 
Hi Update...

Return called me a while ago... Yes I can cutting off the branches with over my line property :D :D :D so Tomorrow I am going to Home depot and buying :twisted: Long stick with sawing cutting!! heheheh :D
 
Hi Update...

Return called me a while ago... Yes I can cutting off the branches with over my line property :D :D :D so Tomorrow I am going to Home depot and buying :twisted: Long stick with sawing cutting!! heheheh :D
That's how I prune our trees. It works quite well. I suggest you wear some protective glasses and work gloves.
 
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