If a neighbor has paid for tree trimming service and now wants reimbursement are we obligated to pay?

Question

My neighbor has asked for reimbursement for past tree trimmings that she has paid for. I had told her that I am not responsible to pay for the reimbursement because my husband and I could trim the tree, but she clearly stated that she did not feel confortable us doing the trimming and she perfered to pay for a licensed, insured, bonded person to do the job. I told her we were not going to pay for this service since the beginning and now she wants reimbursement $1100.00.

FYI: The tree is a nusence and has been from day 1. We have requested on many occations to get the tree removed since it is in the middle of both properties. Due to the neighbor loving the tree she did not want it cut down when I offered several years ago. I have my fence currently going around the tree since it on the property line she did not want it cut. It is approx 2feet into my propery.

Answer 1

Regardless whether it is your tree or theirs, and regardless whether they trimmed it themselves or hired a pro, you are not required to do or pay for any trimming on your neighbours property unless the tree is diseased and a potential hazard exists because of that disease. They are permitted to trim the part of the tree on their property right back to your property line.

PS: Careful! Building a fence and enclosing the trunk to your neighbours property can cause you to lose the land on your neighbours side of the fence. (re: squatters rights laws)

Answer 2

Well there are many ways this can be argued. If the tree is on your side of the property and she has stated she would like the over hanging branches cleared and you said "we will do it" and you haven't, then she can very well argue that she is justified because you took no action and the tree limbs were not only encroaching onto her property but could possibly cause damage(such as falling on her home or something). A neighbor does have the right to request a professional do the job however if no agreement is made upon how the payment will be divided if at all and she is unwilling to allow you to come onto her property to do the job, then the cost of trimming the overhanging tree then becomes her responsiblity. Technically speaking if it is your tree, it is YOUR responsiblity to make sure you take care of the situation, and if you haven't done so, she could recoup the money lost from you, but only if you have stated you would take care of it and never have. In small claims court this arguement can go both ways. Lesson learned though always, always, keep your trees trimmed whether you do it or hire someone to do it to advoid this in the future.

Answer 3

It doesn't sound like you are legally obligated at all, but it's also important to maintain a good relationship with your neighbor and a good reputation in your neighborhood. I would suggest you politely remind her that you stated before that you were not willing to pay. Then thank her for going to the effort to get the tree taken care of, and give her a lesser but useful amount of money and tell her it's all you can afford to contribute. Then talk further about how you can't afford to put that much money into tree trimming and see if you can come to an agreement about the future care of the tree, and write the plan down and give her a copy. Above all, be courteous and don't lose your temper, even if she's unpleasant about this. If anybody's going to act like a jerk, let it just be her. Good luck!

Answer 4

What have YOU done about this TREE??? nada ?
I am suspicious of you for 2 reasons,
ONE - You do not mention any prior agreement - agreed upon by both parties. Clearly there was a prior conversation - she(neighbor) said (presumably owner of tree) she was uncomfortable about a non pro doing the trimming.
TIME PASSES You do nothing
TWO - You said there were other tree trimmings she wants you to co-pay AGAIN you have done nothing about the situation.

I have been thru this with my trees and one neighbor.
My Oak tree has been here 70 - 75 years. Neighbor has been here 12 years - me 8 years
Every 2-3 years I have trimmed the tree on both her side and my side (almost as good as the pros and better than some). My neighbor sends her non resident son to rip off the dangling 2 inch limbs once ever couple of years and it damages my oak tree.
I USED TO DO IT EVERY YEAR but now the son throws the Limbs & trash & beer cans & crap over hedge into my yard. I no longer care for them or the limbs on the other side.

PS The pros want $3500 to do my grand ole OAK tree

Answer 5

Tree trimming troubles between neighbors can really cause some acrimony. I've been through this as well. Call your city Gov't and ask them what the regulations are on trimming. In Ohio, you are allowed to trim any vegetation from your neighbor's yard TO THE PROPERTY LINE ONLY!Past that is trespassing and damage to property. It seems to me that if you offered to do it yourself, and she refused but took another option, it is on her to pay for services. You will solve this problem by calling the city and finding out what the laws say.

Answer 6

Actually if she has the complete tree trimmed on her own volition then there is no obligation on your part....however, do you really want to create a nuisance factor with your neighbor over something like this...is it all that much money...a neighbor , and in particular, a friendly neighbor is worth much more than a tree trimming cost I would think.....don't make it an issue....the way I see it anyway

Answer 7

You are not obligated to pay for the tree cutting. Since she loves the tree so much, she should pay to maintain it. If it has roots on your property line, I imagine there are probably some laws stating that you could cut it down all together, but you should probably check. Who has $1100 to get a tree trimed anyway??

Answer 8

Well, since you "offered" at one time, and it was refused, then you are no longer obligated to do so again.

Since you even offered to cut the tree down, limb by limb, and she still refused, and decided to do this on her own, by hiring some one, then she is totally responsible for the entire cost.

Only if it was agreed upon, in the beginning, would you be responsible for the debt.

Now, she may try to take it to small claims court, since she footed the bill for the entire cost of the tree and claim that its on "both" of your properties, but, you can say that you offered once, and was refused, and even wanted to take it down yourselves but was rebuffed and she took it upon herself to do what "she" wanted to do. I think they will rule in your favor.

What you should of done, was taken the limbs off on your side of the fence, and left hers on, but, on second thought it was better you didnt, because if something happened and the tree split or broke, then she would have had a recourse.

You did good...

I wish you well..

Jesse

Answer 9

now if I understand this right is more on your neighbors yard and not yours? You didn't agree on paying for trimming. You owe her nothing...however this will probably leave you guys enemies.
Living next to a angry neighbor isn't worth it but she would continue to get this tree trimmed at your expense. You really need to sit down you and your spouse and decide a permanent solution to this. If she wants to keep the tree it is her responsibility. But you need to make sure she understands that.

Answer 10

PAY if she is a little old lady who has been overcharged by the professional. Perhaps she realises now that she should have let you do it.

It may have been a genuine misunderstanding and she thought you would help with the cost.

It is NOT worth falling out with your neighbour over 1100 dollars, believe me! Make it clear that you are not going to pay next time and put it down to experience.

you could NEGOCIATE and offer her 800 dollars. After all, it saved you doing the work.

Answer 11

Check your property line, it'll be less expensive to do that, then weigh your options. She seems to be taking advantage, but being a good neighbor, you should share the costs. She is right with a professional, improper pruning can be a huge hazard. But if you told her from the beginning that you weren't gonna pay and she went ahead and did it, then she is responsible for all the costs.