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2006-06-23 05:48:27 · 12 answers · asked by BigRichGuy 6 in Home & Garden Garden & Landscape

The tree is between our houses and encroaches on his roof. He also hates the leaves that collect on his roof in the fall. To trim back enough to eliminate the problem would probably kill the tree.

2006-06-23 05:56:17 · update #1

12 answers

Your neighbor has a legal right to remove anything growing over his property line and can come after you for compensation. If it would kill the tree, it's probably best to cut it down. Here is a good website to read about property rights pertaining to trees:

http://www.lgc.state.pa.us/deskbook03/Issues27.pdf

Additionally, there is a book that you can read called Neighbor Law (Cora Jordan, Nolo Press, 1994)

Best of luck to you for a good outcome.

2006-06-23 06:50:31 · answer #1 · answered by SuzieQ 2 · 2 1

You're new there so start out on the good side of your neighbor. Have it cut down to avoid conflict. Actually your neighbor could force you to cut the tree by taking you to court. Now one exception I would make is for a unique tree like a historical tree which you can establish by having it measured or if there is some literature making note of it's historical significance. Something like the 500 year old "friendship oak" in Biloxi, MS that survived Hurricane Katrina would be an example of a historical tree. Anyways you could see if your neighbor is willing to pay to have the tree removed or to go in partially for the fee. I wouldn't be pushy about it but if they really want it gone they might volunteer to pay for it if not you should have it done. All of this should be in writting with you giving them permission and explaining who is paying for what. You can't trust anyone not to sue you if something goes wrong.

2006-06-23 06:10:09 · answer #2 · answered by supermontage1975 3 · 0 0

If you like the tree keep it. Is there a valid reason for cutting it down. Is it diseased or does the neighbor not like having to rake the leaves? Trees are a great source of energy savings in the summer. They also add value to your property. Where you are the new kid on the block the neighbor could just be trying to bully you so he doesn't have to rake leaves.

2006-06-23 05:52:22 · answer #3 · answered by r0cky74 4 · 0 0

Cut down the tree. If you feel guilty plant a new one in a better spot. Don't ask him to pay for it! That's so rude. Plus it's your tree and your responsibility. It's much better to have a good neighbor.

2006-06-23 07:27:00 · answer #4 · answered by rachaelisme 3 · 0 0

If you decide not to cut down the tree(which I hope would be the case), you may offer to help your neighbor remove the leaves in the fall. However; if there are many trees in the neighborhood- it won't make much difference to how many leaves his/her yard may recieve.

2006-06-23 06:03:03 · answer #5 · answered by BB 3 · 0 0

If my neighbor wanted the tree cut down I would discover his true motivation. You might wait and see if you benefit from the tree staying....shade.....noise screen....wind block....privacy block from prying eyes. Some areas have rules..even laws against cutting trees. Some trees damage foundations ...driveways...sewer lines. Get the details first. Who is going to dispose of the residue?

2006-06-23 05:54:38 · answer #6 · answered by Bear Naked 6 · 0 0

I wouldn't assume that trimming will kill it. At the very least, try cutting it back some and see what happens. There is no value in making an enemy of your neighbor. I'm amazed at all the hostility your question has stirred up.

2006-06-23 06:45:35 · answer #7 · answered by Joe D 3 · 0 0

Do you like the tree? I would keep the tree especially if it is a shade tree. You did not move there to please the neighbor as long as it does not go over property line you have nothing to worry about.

2006-06-23 05:52:56 · answer #8 · answered by willyo2340 2 · 0 0

not unless you want it down, and if you do have them pay for it! more details...if its close to the house id suggest a trim but unless its causing damage to anything let the poor thing live. Otherwise it may need to be cut down.

2006-06-23 05:52:01 · answer #9 · answered by what rymes with sprite? 3 · 0 0

Tell him to freaking pay for it. Give him permission to cut it down, let him hire the contractor, and don't sign freaking anything.

He wants it down, let him pay for it. Or shut the hell up. One or the other.

Good luck with it.

2006-06-23 05:53:15 · answer #10 · answered by diogenese19348 6 · 0 0

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