We have a huge 50 year old tree straddling our property and the neighbor's. We have established that the owners of our house planted the tree. We want to cut it down. Neighbor doesn't want us to. We're having civil conversations about it right now.

Has anyone had this issue?

Cut down your half...the tree will look so ridiculous that they will have to follow suit ;)

Give your neighbor the option of digging it up, roots and all, and replanting it completely on their property, then re-landscaping the hole on yours... at their expense of course.

In my state, this is a matter of state law--and we had to know all about trees and the state laws regarding trees for the real estate exam.

I don't know about your state, but if tree law is a part of your state law, then those laws apply in this case.

I don't know whether this is searchable on the Net or not, but before you do anything you need to get an answer from someone who really does know this. (They are an attorney, or maybe even--as in our state--a real estate broker.)

If you do something to harm that tree and you've transgressed your state's law, you could be vulnerable to some pretty hefty fines and penalties.

Good luck!



Edited 1 time(s). Last edit at 09/30/2011 01:46AM by tevai.

I like Checker's response - that should cool their ardor for your tree.

If the tree is on your property it's your responsibility and not the neighbors. You can do as you wish.

our house has an old walnut tree at the fence line. Every couple of years our next door neighbor trims (more like mercilessly whacks) the branches that grow into his yard. We're not crazy about it but it's his right.

Yeah, I've had some issues like that. I live in a very tree-filled city, as if someone carved a city out of the forest. In Florida. Which means, in a hurricane, big brittle trees = death. :>)

We take our trees very seriously around here. We also have what we call "canopy roads" which are five thoroughfares that will not ever be widened to accommodate traffic because there are so many trees lining the roads, it's like driving through a leaf tunnel. It's beautiful. But you have to apply to the city and get an approved permit to cut anything down that has a trunk of more than 4" diameter. I am not making this up. It's a huge, colossal pain in the ass to cut a tree down in this city.

I had a 40-foot pecan tree that was about 4" from my back door. Pecans are brittle and snap off in high winds, so if we had a hurricane, I was going to have a pecan tree in my bedroom. While I had the tree guys over, I had them trim all the trees on my property. I am not legally obligated to, but as a courtesy, I called each neighbor to make sure they were cool with it. Just last week, one of my neighbors was doing the same thing and called me to make sure I was cool with him lopping down trees. I have another neighbor who keeps talking to me about this one tree (that we both hate) that's right on the line between our properties. He won't come straight out and ask me to split the costs, so I won't volunteer. I would split the costs, but I'm going to make him ASK me. You don't just drop hints and hope I'll pick up on it and volunteer.

There could be a lot of really good reasons you HAVE to remove a tree. Perhaps it's dead or dying. It could fall and kill somebody so insurance companies will often force you to remove a tree, especially if there's a big branch hanging over your house or the neighbor's house. In your negotiations with the neighbor, I'd bring up whatever really great reasons you have. If it's just for aesthetics (I don't like this tree here), then I don't know what to tell you. I'm a tree hugger and wouldn't destroy a big old 50-foot tree for no good reason other than I'm tired of looking at it.

Dogzilla, I'm almost 100 percent certain we live in the same town. I've never heard of canopy roads anywhere but here. By the way, I'm Episcopalian, nevermo, and lurk here a lot to learn more about the Mormon church. I was born in Utah and just got tired of the funny looks I got when people heard that. I recently had to submit my birth certificate to a state agency for personnel reasons and you should have seen the look on the woman! She kept giving me odd sideways glances and when she came back from making I copy, I looked at her, smiled sweetly and told her the answer to the question she was too polite to ask was, "No, I'm not."

Our houses are quite close together and they don't take care of their property. We want to put up a fence and there's really no good way to go around the tree..cement on both sides. I am going to call my insurance agent as suggested by Dogzilla. I'll also call my attorney and ask about this.

For now, we are having it cleaned out tomorrow and several dangerous limbs removed.

State Tree Law??? Never heard of that, so I should check into it.

thanks guys

although often ignored!! canopy is what is looked at mostly....so if you remove canopy...you have to replace it!! exotic trees are fair game but indigenous are not. maybe a surveyor could determine the actually lot line....or maybe you even have a survey already!
you can cut down what you want on your side....but you cant kill the tree..... but it sounds like you want to remove the tree.... you can put up a fence on your side.... you dont always have to put up a fence on the actual lot line!@

Good call.

I have a friend here in town whose insurance company threatened to drop her because there was a branch from the tree that was wholly on her neighbor's property that stuck out into hers... right above her roof. The insurance company couldn't force the neighbor to do anything about it. I can't remember how my friend handled the insurance company, but the tree problem was solved first time we had a big storm... it came down on top of the neighbor's house! My friend had a good "you had it comin'" laugh over that one.

that tree's natural parasites. Find them and make an introduction. :)

It doesn't matter who planted it. If you kill the tree, you could (and likely would) be eld liable for the damage to your neighbor's property, and the value of a 50 year old tree is substantial.

Basically, you can only cut it down with your neighbor's permission. I was faced with exactly this situation. I was the one who didn't want the tree cut down. Tree laws are old and well established law, and as an attorney jokingly told me, trees have more rights than people. The tree stayed.

See a lawyer. It's a legal matter, and state laws differ.

Richard
(recovering lawyer)

The tree folks are here. We all had a civil discussion with the neighbor. Turns out his fiance was totally in favor of the tree going because of the danger of falling limbs hitting their house. After the tree trimmer talked to them too, the man who was hesitant about cutting it down agreed it should go. So, it was solved and the tree is coming down.

thanks, everyone, for your input. It really helped.

A great resolution for everyone concerned.

I'm happy for all of you.

nice firewood for the upcoming winter - NICE!