Need Advice on RemovingTree On Prop Line
A giant, dead maple tree is situated pretty much centered on my property line between me and the neighbor’s. The tree is hanging mostly over their yard and garage, and forks inconveniently moreso on their side than mine. I am planning on trimming off a bottom branch over my property for electrical service entrance cabling (and power company requirement), and ultimately would like to have the entire thing removed.
Problem as I see it is that the neighbors have been super picky about things happening on their property during my renovation. They didn’t seem so concerned when they were doing similar work on their house that was impacting my property. So I try to appease them most of the time because it is easier than to deal with their PIA comments and dissention. That all being said, they’re probably going to offer no help when I ask them if they want to chip in to have the big old dead maple removed.
Has anyone had experieince with this? I can cut the maple right down the middle and encourage it to fall on their garage. Or I can have the entire thing removed and pay for it all out of my pocket, which I am probably willing to do, of course without the liabillity responsibility of anything happening on their property (I would be hiring a tree service). If they balk at the thought of chipping in, what cards can I have in my back pocket to ensure they have as little room to complain about the work as possible?
Something tells me that encouraging the tree to tip their way just isn’t a nice, nor plausible thing to consider, btw.
Thanks in advance. Pic is attached.
PS. Renovation pics if you care: http://1342linden.blogspot.com/
Replies
The power co here just cuts whatever is in their way... let them do your dirty work.
I'm still chuckling as I start my response...
Why is it people resent improvements to their neighborhood? I'm in the same boat. We moved to this place about 3 years ago and have been working hard on it and the property. I wanted to open the grown-over alley behind our lots and discovered the fishy neighbors had all sorts of concerns and complaints about us they'd been holding back on. Instead of communicating directly with us they took the opportunity to complain sideways in public about us when they had the chance during a public comment period and meeting regarding the alley.
This was a big surprise seeing as I'd done a lot of work that was, in my mind, mutally beneficial like replacing fencing between the lots, getting rid of nasty laurels growing over the property line etc...
I find their lack of guts in communicating with us to be really passive agressive and detrimental to any positive interaction we could be having.
So, when we decided to remove the gnarly overgrown pear tree between the two houses, we were STRAIGHT UP FRONT with them as to our intentions, that the tree guys would have to use their driveway, and that the tree would come down over their little shed roof... and we did it in writing--in an email and got a response before proceeding.
The response was more passive agressive bs about how they like the tree, the mess of pears everwhere in their walk area has never been a problem... So ridiculous--they complain behind our back about power tool noise b4 9am on weekdays, but they don't mind pears dropping out of the tree landing on their fiberglass shed roof like gunshots all night! C'mon...
Our last place I never got complaint one and did wayyyy more invasive remodeling than this one. Usually I get COMPLIMENTS from all the neighbors when it comes to my own house--and come to think of it, I don't remember any complaints on any of my jobs either...
So anyway... my suggestion is first go to the city and check into homeowner's rights about trees/property lines etc... then go to the neighbor with your intentions and feel 'em out.
Then write up a 'contract' of sorts outlining the plan before action. And I agree--let a licensed, bonded tree service take the liablity in the tree's removal.
Good luck!
Pat
You definitely don't want to be the cause of half of the tree falling on their property. A commercial company is going to have insurance to cover any damage caused to the neighbor's property. The tree looks pretty accessable from your side. I'm not an "arborist" but have removed trees hanging over my brother's house.
Given the relationship that you DON'T have with the neighbor I would try to limit your liability for damages (like when one my brother's trees broke and fell onto the neighbors house he had to pay--the "act of God" defense didn't work). That may require a lawyer.
At the very least I would write up your intent and have a certified copy mailed to your neighbor to document the date and your intentions regarding the tree--immediately.
It doesn't hurt to try to ask for them to share in the removal cost. If you are accurate on the property line my guess is that the tree was a "volunteer" (not planted by an owner of either house--going way back).
Small claims court is a possible remedy. It usually is limited to money damages only. So if you state your intent, that it is your opinion that it constutes a danger/hazard and that they have not trimmed their "half", blah, blah--you can probably convince a court that they should reimburse you for half. It probably wouldn't hurt to start referring to the tree (and its hazard) as "common property" with a shared liability. It could be that your city might be a source. It's not unusual for a government entity to deal with hazards and charge homeowners. If a sidewalk is put in where none existed before the property owners have to pay--check them out.
Be the guy concerned with the hazard (papered up for future proof) and don't wait too long. I have a live silver maple in my front yard and have used a cherry picker truck to keep it trimmed so nothing falls on people below much less a garage. Having fun yet? Tyr
Edited 1/4/2008 4:12 pm by Tyr
I took your pic and scratched out what I would cut off tree if my neighbors didn't want to help. I would give them the choice to pay for half of removel cost or help with the work and if they didn't want to chip in with btime or money then id just cut off what I need removed or like in the pic i added just cut it off at the larg crotch on my side. and tell them they will need to take care of there side when ever they feel like it . and then I would forget about it . and go be happy, its gone
Carpentry and remodeling
Vic Vardamis
Bangor Me
The general law in most areas is that.You can do anything that you want with a tree that is on your part of the property, but not so that it kills the neighbors tree. But, if as you say that is already dead then it is not a conern.Also that if a tree is know to be dead or unhealth and it falls then they are responsible for any damage that it does.But this will very from place to place.If you know of an attory and can write a letter outline that for a nominal fee then I would get one WRITTEN TO YOU.Then write the neighbors and include a copy of the attorny's letter. Saying that you are taking down that part on your side for both safety and for a new power drop and while you are doing it that they might want to particpate and have the whole thing taken down..
.
A-holes. Hey every group has to have one. And I have been elected to be the one. I should make that my tagline.
Believe me, I almost drew the same picture : ) I don't want to deal with bad blood. It just bugs me that they throw such a fit because of small things. The latest today was that they were displeased with the air compressor that was in their front yard. We had to put the compressor closer to my regular house (on the other side of them) to catch a shorter power cable to my outlet that kept popping. They claimed that the mail did not get delivered because of the compressor line being there and they were afraid of tripping over it. Thing is, the mail DID get delivered because one of my guys saw it happen and remembered the mail lady saying "HI!" Further, I'm betting a 3/4" air hose is much less a trip hazard that the trash in their yard, #### on their porch, and fence pickets laying across their sidewalk. They just want something to complain about, trust me.
Anyway, to the other responses, the power company TOLD ME that I had to trim the tree. They don't even do trees near the secondary lines in the alley unless its an emergency.
And I will probably end up having the discussion with them asking for them to chip in on the tree removal, to which they'll say "no way." And I'll just proceed with it and make sure I hire someone insured against the liability of screwing something up. I'm only improving their shot at actually getting what they've borrowed for their house when they sell by many 10's of thousands of dollars...some people have the nerve, you know ; )
Thanks for the continued responses. I'm kind of interested if anyone has ever had it out with a neighbor on who actually "owns" a tree on the prop. line. Seems to me the common property argument should be upheld considering neither of us planted it. But it could be plain as day in the law, with something like "wherever more than 50% of the actual tree trunk sits." Who knows. The City of Indianapolis is sending out someone from forestry...that will be interesting."It depends on the situation..."
well i'm not sure exactly how come you have your comp is in there yard,but to tell you the truth,if you have not ask me,and i came home i might just unplug and roll it in my garage.it's on my property,it's mine. man that makes me sound like a az but you got to talk to people before you encroach onto there ground.
now the tree i would cut just how someone else whited it out. i have been in the sitiuation where i had 2 trees fall on the same neighbors house. first time was a huge pecan tree,prob 100' tall.it's got leaves and looks great,big wind comes along an it falls on there house. my insurance company denied the claim,act of nature,tree was healthy nobodys fault. 2nd tree fell about 4 years later ,it was a dead elm tree.my insurance paid this time because i was negelance in leaving a dead tree.
if it was me i would talk to them [ask them how they like there new compressor] if they don't want to chip in,i would send a reg. letter that its dead,your removing it from your side and assume no liabilty for it from here on. larryif a man speaks in the forest,and there's not a woman to hear him,is he still wrong?
That's what i would do if they were bad neighbors. Do your side but write certified letters about your concerns.
From the looks of it I don't think it will be that out of balance if you cut your side.
Do it before a season where the weather sin't windy. Give them time to act on their side.
my neighbors hate trees and came over and cut a few down, they were arrested and charged with criminal trespass and destroying property, i have a few on the line they want to cut, I told them they are allowed to cut limbs but if it kills the tree by taking to much off i will have them arrested again, funny thing was is only they had talked to me nice the first time i would have done anything for them,if i were you i would have a tree man say its dead then talk to them or write them a letter, you cannot cut the tree down the middle and create a danger nor can you kill a tree by too much limbing even if its on your side.
Does Indianapolis have a city arborist? If so, you should probably start there.
I'm in CA, and these situations can get real sticky. A property owner can trim tree branches that overhang the property line, but that's limited to trimming that won't harm the tree. Lots of feuds get started over this. - lol
Since you're dealing with a dead tree, you may be able to point out the potential safety hazard to your person or property if it isn't removed.
Soloman comes to mind. Just chop that thing right down the middle and let the neighbor worry about their side.
got my building/property code hat on!
I think I saw where you were told to have it trimmed by the power company. Fine. And you have a City Arborist. Better. You're willing to pay to have it removed or cut back? Cry poor boy on that count, at least with the Arborist.
Neighbors are, ahem, difficult? Perhaps a pointed discussion with them about their half of the tree falling on your truck or vice versa, on their shed. The Arborist will undoubtedly say bringing it down is necessary as it is a threat to public safety, also fine. Let him tell the neighbor.
Then find out if the City has a removal program that responds to the verdict of the Arborist. Obviously keep the neighbors informed, for their own good naturally. This is all about them anyway so why not appear to be their benefactor? After the tree is down, most all cities have an all or nothing rule, start a fire behind....Oh, I didn't say that, did I?
Its never easy is it? (Sometime I'll tell you about having an "accident". But you didn't hear that from me!).
ciao, good luck, ted
Suggestion, use brown tarps next time they don't scream.