My house is in a small city and it has a fifty foot wide lot, typical of its age and location. On the left in back, looking aft to the alley, I see a catalpa tree in my neighbor’s lawn that extends about half way over my lawn and certainly over my detached garage in back. It has a trunk about two and a half feet in diameter, so it’s BIG. Drops all sorts of leaves, beans, and flowers. On the right side, looking aft, is a corkscrew willow tree in the yard next door that also arcs over my lawn, threatening to join up with the catalpa. My question is this, as it’s not covered in our ordinances: as the land owner where both of these trees are encroaching, am I allowed to claim property rights vertically and trim those trees where they cross my property line? What do you know to be the standard where you live? Thanks in advance. BTW, the neighbor with the corkscrew willow and I haven’t spoken amicably in years, so no problem there. The other neighbor is four months new and is planning to put up a white vinyl fence between us. What did I do to deserve that?
Edited 10/8/2009 8:24 pm ET by BARMIL
Replies
I think that you can cut anything that extends over your property line.
But I would stop before you damage the health of the tree.
It's a can of worms. I think in MOST states you can trim the part on your side so long as you don't "damage" the tree. Of course, "damage" is in the eye of the beholder.
Where I live it is considered an areal trespass and can be remided with a saw. I used to pick fruit of the trees that were hanging over the fence.
double check with your city and talk to your neighbors. Legally you can but you'd better cover your bases..
Regarding the vinyl fence, I'd ask that they get the lot line surveyed prior to installing it.
"Preach the Gospel at all times; if necessary, use words." - St. Francis of Assisi
No, I didn't vote for him; but he IS my president. I pray for the his safety, and the safety of his family every day. And I pray that he makes wise decisions.
DanH is the closest to probably being correct. I say "closest to probably" because each state has it's own laws.
Generally, you can trim the tree back to the property line but if that trimming causes the tree to die, you might be in trouble. And if there's a suit, a large tree like that can carry a LOT of value, not to mention the attorneys fees you'll have whihc can be a small fortune itself.
Check your ordinances and then, if you do decide to trim back to the line, I'd definitely have an experienced arborist do it. If the tree then dies, you have then him/her to fall back on.
Runnerguy
It should be noted that it's possible to claim (and occasionally win in court) that the tree was "damaged" by destroying it's natural shape. At the very least, any trimming that occurs should not just lop things off at the property line but should seek to achieve a pleasant shape.
As I stood before the gates I realized that I never want to be as certain about anything as were the people who built this place. --Rabbi Sheila Peltz, on her visit to Auschwitz
First off. Trees are a wonderful way to beautify your property AND increase it's value.
Most people don't plant enough trees and when they do they might not be right for the spot.
Then, they don't prune them properly.
Just like with most living things you need to work WITH them. Not against them.
Trees dropping leaves and other stuff happens.
I'm considering buying a leaf blower/ vacuum to help clean up.
Will Rogers
>Most people don't plant enough trees and when they do they might not be right for the spot.<
You forgot the mention planting the wrong tree: the kind that grow too fast, are weak limbed, disintegrate in ice storms, have too short of a life, etc...
cheers
I agree. I might have been to over the top with Barmil the original poster.
I've just seen to many people that don't understand trees and what they provide.
Our front yard had an aspen in it when we bought the place.
Why, because they were cheap.
But they are a terrible tree. If they are in a bunch they look better. But one?
It looked like it was a spear. And Aspens send up trees from their roots and this one was in the middle of the lawn.
After digging out the root ball I've spent about a year killing the shoots coming up from the root system.
I replaced the one tree with 5 and spent a fair amount of money on the right ones that were decent size.
Right now the leaves are falling but pretty soon they will stop.
Get out there and clean them up.
"There are three kinds of men: The one that learns by reading, the few who learn by observation and the rest of them have to pee on the electric fence for themselves."Will Rogers
Edited 10/9/2009 1:33 pm by popawheelie
sounds like poplars and bradford pears here. fast growing for pops and cheap and lots of flowers for the bradford pear but don't be around them during an ice storm or wind storm.
next time you have to cut something that comes up from the roots like that, paint the stump with the strongest roundup you can find, paint it good. I've had 100% success rate on killing Sweetgums and they are the worst here. Even got a few of the neighbors one time that had cocem up form he same root system and they were 10' away.
But tree choice is a serious thing. Catalpas aren't a good tree for close in nor are a few other exotic trees I can think of.
I don't think you were OTT.
We moved from Wichita KS and there were a lot of ice storms and tornados.
Neither one here. WooHoo!!!!
I can see how people in certain areas like KS would stop planting trees.
Overall, people in KS didn't value trees or landscaping.
I grew up in a nice part of L.A. and the landscaping can be unbelievable.
Just beautiful lush mature landscapes. You'd swear you weren't in LA. "There are three kinds of men: The one that learns by reading, the few who learn by observation and the rest of them have to pee on the electric fence for themselves."Will Rogers
Pops, you ain't been here long enuff. An ice/snow storm can come up any day now (maybe tonite!) and devastate your home forest.
It's not only important to select the right tree, as you so correctly point out, but also to keep it properly pruned to allow the frozen precipation to fall thru rather than accumulate.
The GD aspens you mention also attract huge amounts of aphids and thereby yellow jackets. Far too many are planted too close to the homes, allowing their falling leaves to accumulate in the nearby gutters and the rest that follows. Shortly after I moved into this house 7 years ago, I suffered a $10K plus bill for the repair of a leaking gutter that caused water to get behind this fake stucco (so popular around these parts) and rotted out the insides of the wall.
Therefore, location of the right tree is critical as well.
"Trees dropping leaves and other stuff happens."I'm sympathetic toward trees, but want to note that Catalpa trees are one of the worst for dropping 'stuff' - flowers, caterpillar poop, caterpillars, leaves, and then the 'beans' - and if you're really lucky, an aphid infestation drizzling honeydew - first thing I'd do is have a talk with the neighbors and see how they feel about the situation - "there's enough for everyone"
I was over the top with Barmil. It just seems he was starting off on wrong foot.
I would talk to the neighbors as well. It's an opportunity to get to know them better.
Just yesterday i helped out our old neighbor haul 17 trees to his new place.
I'd ask them if they want a new tree and then help them get it in the ground where the Catalpa tree is.
Tell them you were getting one for your place and you know where you can get a good deal.
The trees we got yesterday had hail damage and they were a really good deal.
They received a settlement from the insurance.
"There are three kinds of men: The one that learns by reading, the few who learn by observation and the rest of them have to pee on the electric fence for themselves."Will Rogers
Agreed. Each state seems to have different specifics but I have heard about the "you can trim it as long as you don't damage it" rule.
And I really, REALLY agree about getting the right tree (and that goes for shrubs, perennials & annuals too) for the right place.
Plantlust - plotting to acquire the neighbor's property, kick out the renters, get rid of the house and put in more FLORA!!
"Go brush your teeth, comb your hair, put on dry clothes, and get the guns. We're going to Wal-Mart." On the Edge by Ilona Andrews
Ask any local attorney, and he'll tell you that trees provide him with a steady source of work! These issues often result in lawsuits, so talk to an attorney, and take every step you can to prevent this from happening. The only winners in court are the lawyers!
In general, you can trim the trees, but not to the point that you kill them.
It's also worth it to 'think outside the box.' You neighbor might be agreeable to even removing the tree, and replacing it with a smaller one. Since there really isn't that much cost difference - remember, trimming has to be done every year - and the cost in going to court is far greater than the cost of being generous, you might even offer to pay for this.
In Mo. the law is that if it's over your property it's yours, technically. In the real world, you don't just trim a tree back radically because: 1. The load imposed by the limbs on the other side can, in extremis, make it fall down. Ergo, unhappy neighbor, and lawsuit, because the law also says you broke it you buy it. 2. If too much is trimmed back, again it can kill the tree because the root system that exists with the tree the size that it is, may starve with less foliage to feed it. Sress happens, rot sets in, wind blows it over, you bought it. 3. Trimming it back gradually will actually put strain on the tree, that will cause it to grow the necessary root structure to compensate for the uneven load. I'm not about to suggest how much is the correct amount to trim because, I don't know how big it is, what specie it is, and just like people every type of tree reacts a little differently. I'd suggest talking with a really Good arborist
So, the least bad option is to approach the neighbor, explain that (for whatever good reason you can think of) his tree hanging over your property is just not acceptable, and he needs to prune it. Because if he doesn't, you are legally entitled to correct the problem. Remember, you can win more friends with honey, or is that flys? Oh well, whatever the saying is. And while you're working at showing your new neighbor how reasonsble you are, work on building up a little rapport. Maybe you could influence the type of fence, if any, they install.
The best suggestion yet. Talking with the neighbor.
When I lived in California, my ocean view became obstructed by the neighbor's 5 cedars down the street 4 houses down. He was a nice guy and liked to wave and stop by from time to time and say how nice my remodel was going. One day following such a nice exchange, I invited him in to check out the latest up on the top floor with my "supposedly ocean view." This was just after I had a great garden designer replant my entire front and back gardens.
His first comment when he got up there to look out the window was, "OMG, my trees are blocking your entire ocean view!"
I responded with, "This great landscape person I just used can come up with a great alternative to those and I'd be happty to pay for their replacement."
A week later, my landscape guys were taking out his trees and replacing them with ones that wouldn't be a problem in the future again. Everyone was thrilled. Even the other neighbors not affected. They thought such an effort to keep the peace was laudable.