Question about cutting Neighbor's tree!!!

Phillips · 05-17-2008, 06:35 AM

I have to question...

Can I be cutting the neighbor’s tree with sticks over the line my property. the tiny nuts dropping on my garden/yard

also their sick tree have caterpillar's nests> cause my Garden/Veg, apple trees etc.. problems

Today I am going to home depot and buying longest stick with saw to cutting it?
My friend said go-ahead cutting the tree's stick with only over my property.

Last year I asked them to cut their sick tree.. Said NO!

They leave messy on their yard!! Long grass, sick tree, bee hives on their brand new house!

Jiro · 05-17-2008, 06:41 AM

no I don't think you can do that legally. That will be destruction of property. However since their branches linger over to your property and since your neighbor refused to cut the branches, you can file the complaint with the police and town borough that their tree is damaging your property. The law is different depending on where you live so you'll have to talk with cop and town hall.

DVDFreaker · 05-17-2008, 06:47 AM

Quote:

Originally Posted by jiro123

no I don't think you can do that legally. That will be destruction of property. However since their branches linger over to your property and since your neighbor refused to cut the branches, you can file the complaint with the police and town borough that their tree is damaging your property. The law is different depending on where you live so you'll have to talk with cop and town hall.

Naw, a better solution is to move somewhere else

Cheri · 05-17-2008, 06:57 AM

No, do not cut it because the tree belongs to your neighbor. If I were you, I'll report it to the city, and let the city take care of it, They might tell the neighbor to cut the branches. It's worth a try.

Phillips · 05-17-2008, 06:59 AM

I called my town> housing inspector Rick's home ... leave message.. so Hope Rick calling me back today

DVDFreaker · 05-17-2008, 07:03 AM

Quote:

Originally Posted by Phillips

I called my town> housing inspector Rick's home ... leave message.. so Hope Rick calling me back today

Good boy/girl

Phillips · 05-17-2008, 07:04 AM

Quote:

Originally Posted by Cheri

No, do not cut it because the tree belongs to your neighbor. If I were you, I'll report it to the city, and let the city take care of it, They might tell the neighbor to cut the branches. It's worth a try.

Thank you.. Hope Inspector Rick calling me back..

( they re 24 years old younger couple) ... They re abandoned their new home

cuz They re mistake with refinance and stuck with high mortgage and cannot afford live in with utilities..

They re live with her mom s house now! Geez!

Phillips · 05-17-2008, 07:05 AM

Their house is on sale market now since December!

Jiro · 05-17-2008, 07:15 AM

lol.... the victims of estate bubble burst..... oh well... so yea - good that you're contacting Rick. The best I can say is Rick will give them a warning with time limit and failure to comply will result in fines. that's pretty much all and hopefully the end of your trouble soon!

Remington · 05-17-2008, 07:15 AM

Buy some Epsom salt, its real cheap. Dig small holes around tree trunk, pour salt and soak with hose the salt will kill the roots almost instantly and you should see tree start to die in a few weeks. Leafs will turn fast. Hope this helps, its a cheap way to kill a tree.

Cheri · 05-17-2008, 07:16 AM

Quote:

Originally Posted by Remington

Buy some Epsom salt, its real cheap. Dig small holes around tree trunk, pour salt and soak with hose the salt will kill the roots almost instantly and you should see tree start to die in a few weeks. Leafs will turn fast. Hope this helps, its a cheap way to kill a tree.

No, You're only going to get her in trouble because the tree does not belong to her, it belongs to the neighbor.

Jiro · 05-17-2008, 07:19 AM

Quote:

Originally Posted by Remington

Buy some Epsom salt, its real cheap. Dig small holes around tree trunk, pour salt and soak with hose the salt will kill the roots almost instantly and you should see tree start to die in a few weeks. Leafs will turn fast. Hope this helps, its a cheap way to kill a tree.

whoa you're cruel S.O.B. but that's actually cool. Good thing to know when I'm in that situation if nobody can't do anything about it legally. Won't that kill the grass?

Cheri · 05-17-2008, 07:23 AM

Quote:

Originally Posted by jiro123

whoa you're cruel S.O.B. but that's actually cool. Good thing to know when I'm in that situation if nobody can't do anything about it legally. Won't that kill the grass?

Shame on you, you say you wanna be a police officer and you're thinking evil now?

Phillips · 05-17-2008, 07:24 AM

Quote:

Originally Posted by Remington

Buy some Epsom salt, its real cheap. Dig small holes around tree trunk, pour salt and soak with hose the salt will kill the roots almost instantly and you should see tree start to die in a few weeks. Leafs will turn fast. Hope this helps, its a cheap way to kill a tree.

Hahah..

Really its works? Interesting

Of course I won't do that

Jiro · 05-17-2008, 07:34 AM

Quote:

Originally Posted by Cheri

Shame on you, you say you wanna be a police officer and you're thinking evil now?

a dirty police officer, you mean...

jillio · 05-17-2008, 08:09 AM

If they have abandoned their home,and the grass is too tall and trees are out of control, the city should issue a public nuisance citation to them for failing to care for their property. They will be ordered to clean it up by a specific time, or they will have fines levied against them daily.

If the house is on the market, and you can find out who the realtor or the mortgage company is, complain to them about the condition of the property, too.

jazzy · 05-17-2008, 08:25 AM

We did cut our neighbor's branches off the trees because they were in our way, we can not walk thru backyard with their branches hang too low and destroy our fence. We bought the fence and put up the fence (our nieighbor did not paid one dime for it therefore fence is ours not thiers. And they had no problem with us cutting branches off their trees. It is absurd when u can not trim off branches out of neighbor trees over your backyard or frontyard. they can not come into our yard to trim off their branches. It is hazard for health. I know I have been poke in my eyes from those branches.

Jiro · 05-17-2008, 08:28 AM

Quote:

Originally Posted by jazzy

We did cut our neighbor's branches off the trees because they were in our way, we can not walk thru backyard with their branches hang too low and destroy our fence. We paid fence not neighbor and they had no problem with us cutting branches off their trees. It is absurd when u can not trim off branches out of neighbor trees over your backyard or frontyard. they can not come into our yard to trim off their branches.

god bless america and its silly legal mumbajumba definitions

Brian · 05-17-2008, 09:38 AM

It is OK to trim the branches on your side but not cut down trees/bushes that are outside of your yard. Talk to them (neighbours) and possibly show them.

Quote:

Originally Posted by Remington

Buy some Epsom salt, its real cheap. Dig small holes around tree trunk, pour salt and soak with hose the salt will kill the roots almost instantly and you should see tree start to die in a few weeks. Leafs will turn fast. Hope this helps, its a cheap way to kill a tree.

I will have try this on the annoying "spider" palm tree within my yard. Maybe I will do to all ugly trees/bushes by the fence. The people that used to live here must be lazy to do some yard works when they lived here.

deafbajagal · 05-17-2008, 12:45 PM

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.

Jiro · 05-17-2008, 12:47 PM

Quote:

Originally Posted by deafbajagal

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!

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.

***VamPyroX*** · 05-17-2008, 01:03 PM

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.

Reba · 05-17-2008, 01:15 PM

Here's some information:

Quote:

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.asp...summary&bhcp=1

Phillips · 05-17-2008, 07:18 PM

Wow very interesting..

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

Have a great weekend

will update post!

Remington · 05-18-2008, 03:11 AM

Quote:

Originally Posted by jiro123

whoa you're cruel S.O.B. but that's actually cool. Good thing to know when I'm in that situation if nobody can't do anything about it legally. Won't that kill the grass?

Yup...

05-17-2008, 06:35 AM	#1 (permalink)
Phillips Lets ride horses! Join Date: Aug 2006 Location: Somewhere in Northeast Posts: 6,806 Blog Entries: 3	Question about cutting Neighbor's tree!!! I have to question... Can I be cutting the neighbor’s tree with sticks over the line my property. the tiny nuts dropping on my garden/yard also their sick tree have caterpillar's nests> cause my Garden/Veg, apple trees etc.. problems Today I am going to home depot and buying longest stick with saw to cutting it? My friend said go-ahead cutting the tree's stick with only over my property. Last year I asked them to cut their sick tree.. Said NO! They leave messy on their yard!! Long grass, sick tree, bee hives on their brand new house! __________________ *Enjoy life today, Yesterday has past and Tomorrow may never come.*

05-17-2008, 06:57 AM	#4 (permalink)
Cheri Premium Member Join Date: Nov 2003 Location: Ohio Posts: 20,755	No, do not cut it because the tree belongs to your neighbor. If I were you, I'll report it to the city, and let the city take care of it, They might tell the neighbor to cut the branches. It's worth a try. __________________

05-17-2008, 06:59 AM	#5 (permalink)
Phillips Lets ride horses! Join Date: Aug 2006 Location: Somewhere in Northeast Posts: 6,806 Blog Entries: 3	I called my town> housing inspector Rick's home ... leave message.. so Hope Rick calling me back today __________________ *Enjoy life today, Yesterday has past and Tomorrow may never come.*

05-17-2008, 07:05 AM	#8 (permalink)
Phillips Lets ride horses! Join Date: Aug 2006 Location: Somewhere in Northeast Posts: 6,806 Blog Entries: 3	Their house is on sale market now since December! __________________ *Enjoy life today, Yesterday has past and Tomorrow may never come.*

05-17-2008, 08:25 AM	#17 (permalink)
jazzy Registered User Join Date: Jun 2004 Posts: 3,120	We did cut our neighbor's branches off the trees because they were in our way, we can not walk thru backyard with their branches hang too low and destroy our fence. We bought the fence and put up the fence (our nieighbor did not paid one dime for it therefore fence is ours not thiers. And they had no problem with us cutting branches off their trees. It is absurd when u can not trim off branches out of neighbor trees over your backyard or frontyard. they can not come into our yard to trim off their branches. It is hazard for health. I know I have been poke in my eyes from those branches. __________________

Today
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05-17-2008, 06:41 AM	#2 (permalink)
Jiro YOU DOMESTIC DISSENT! Join Date: Apr 2007 Location: NJ Posts: 4,811	no I don't think you can do that legally. That will be destruction of property. However since their branches linger over to your property and since your neighbor refused to cut the branches, you can file the complaint with the police and town borough that their tree is damaging your property. The law is different depending on where you live so you'll have to talk with cop and town hall.

05-17-2008, 07:15 AM	#9 (permalink)
Jiro YOU DOMESTIC DISSENT! Join Date: Apr 2007 Location: NJ Posts: 4,811	lol.... the victims of estate bubble burst..... oh well... so yea - good that you're contacting Rick. The best I can say is Rick will give them a warning with time limit and failure to comply will result in fines. that's pretty much all and hopefully the end of your trouble soon!

05-17-2008, 07:15 AM	#10 (permalink)
Remington Registered User Join Date: May 2008 Location: Moscow, Russia Posts: 42	Buy some Epsom salt, its real cheap. Dig small holes around tree trunk, pour salt and soak with hose the salt will kill the roots almost instantly and you should see tree start to die in a few weeks. Leafs will turn fast. Hope this helps, its a cheap way to kill a tree.

05-17-2008, 08:09 AM	#16 (permalink)
jillio Registered User Join Date: Jun 2006 Posts: 19,304	If they have abandoned their home,and the grass is too tall and trees are out of control, the city should issue a public nuisance citation to them for failing to care for their property. They will be ordered to clean it up by a specific time, or they will have fines levied against them daily. If the house is on the market, and you can find out who the realtor or the mortgage company is, complain to them about the condition of the property, too.

05-17-2008, 12:45 PM	#20 (permalink)
deafbajagal Jasmine's Tiger "Lilly" Join Date: Nov 2007 Location: USA Posts: 1,884	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. __________________ "The mediocre teacher tells. The good teacher explains. The superior teacher demonstrates. The great teacher inspires." ~Quote by William Arthur Ward

05-17-2008, 01:03 PM	#22 (permalink)
*VamPyroX* bloody phreak from hell Join Date: Feb 2003 Location: Hell Posts: 27,034	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. __________________ Check out my city... CLICK HERE! (If you already visited yesterday, visit again today!)

05-17-2008, 07:18 PM	#24 (permalink)
Phillips Lets ride horses! Join Date: Aug 2006 Location: Somewhere in Northeast Posts: 6,806 Blog Entries: 3	Wow very interesting.. Rick isn't calling me back Sooo Probably calling me back on business hours on Monday Have a great weekend will update post! __________________ *Enjoy life today, Yesterday has past and Tomorrow may never come.*