The branch is cracked, and hanging over my neighbors yard.
2006-08-07 10:42:20 · 6 answers · asked by lvingdagoodlife 1 in Home & Garden ➔ Other - Home & Garden
The yard with the tree in it is responsible for the whole tree even if it goes into someone elses yard.
2006-08-07 10:47:23 · answer #1 · answered by Some One 1 · 0⤊ 0⤋
In most states, you can do whatever you want to with the part in your yard. talk to the neighbor so as to keep the peace. Tell them you're worried about potential damages. Tell them you want to cut off the part that's over your yard. There's nothing they can do to stop you... legally speaking. Of course, it would be better for the tree to cut it off at the trunk.
If there's no keeping the peace, or if hacking off the part in your yard might kill the tree, it's probably better to try and get the neighbor to do something, or ensure that they will pay for damages if it damages anything.
Generally, if you have proof that the neighbor has been informed in writing that the branch poses a hazard, they will be responsible for reparations in the event that it causes damage.
The thing to do then is to have identical letters, one of which you can verify reached your neighbor. Get a public notary to make the identical letters, or verify that two you have written are the same, and cover your problem. Then verify that one is kept in your records, and one is sent via registered, or insured, or certified mail to the neighbor. The mail service will ensure that there is proof it was recieved by the neighbor, and if the branch causes you any property damage, your neighbor gets forced to repair it.
2006-08-07 11:03:21 · answer #2 · answered by ye_river_xiv 6 · 0⤊ 0⤋
Most cases it is the owner of the tree. If it is cracked and over your neighbors yard, I would talk with him and see if you can work something out that either you can come over to take care of it or that he could take care of it, whichever is the most favorable to both of you. Or maybe you could do the biggest part with help from him.
2006-08-07 10:48:58 · answer #3 · answered by ramall1to 5 · 0⤊ 0⤋
If it's your tree,you are responsible,if it's hanging over a fence in someones elses yard they can have it removed and charge you.
2006-08-07 10:47:51 · answer #4 · answered by Steve 2 · 0⤊ 0⤋
if your neighbor wants to remove it they can but they by law should give it back to you- stupid but still. if you a decent neighbor, you will go cut it down yourself before it breaks the fence or injures someone, an that's another legal mess. do the decent thing.
2006-08-07 12:57:26 · answer #5 · answered by spike 2 · 0⤊ 0⤋
The responsible party is the owner of the ROOT of that tree.
2006-08-07 11:18:49 · answer #6 · answered by YBother62 2 · 0⤊ 0⤋