We have a tree that is partially on our property this is 3/4ths dead according to a licensed arborist. It is a maple and it gigantic and loses huge branches which hit our house everytime there is a wind storm (which is quite often where I live.) We've tried to deal with this nicely for three years with our neighbor, but she refuses to let us cut this thing down even though it's dead. We've went to the city of Covington (Washington) and they can't help us because they don't have any laws written up about this kind of issue. We went to the county, and they said we had to follow city rules (that helps a lot.) Does anyone know whether we have a right to remove this tree or parts of the tree since we do in fact own part of it? Our neighbor is the arbour day president and really loves her trees, but it's a little much when she loves a dead tree over human lives. She doesn't even live on the property behind us and rents it out. Anyone's help would be greatly appreciated.
2007-02-24 10:17:10 · 11 answers · asked by Serena 5 in Home & Garden ➔ Garden & Landscape
We've offered to replace the tree with another type of tree. We've also been writing back and forth to her and sending pictures of the damage the tree has caused (all fixable by our own repairs thus far.)
2007-02-24 11:03:38 · update #1
Where I live, you can force an owner to cut down a tree that is hazardous to you... and if they don't want to do it, you can do it yourself and you can even send them a bill. As long as you can prove that it is a hazard, you can do it. So video tape it next time the wind is blowing, get a written report from the licensed arborist. Take pictures of the branches that it loses. And contact a lawyer... or do it yourself.... send a letter to the lady telling her... in very straightforward terms that should the tree cause any damage... to your house, your grounds, and maybe even you or family or friends... you will be holding her entirely responsible, especially since you've spoken to her often about it. She needs to be aware that she may lose more than a tree over this... she may lose a lawsuit. Also, if she receives a letter warning her of a possible lawsuit, she has to report it to her insurance company or lose their backing if she IS sued by you. Which means the $$$ would come out of her bank account. Either way, her insurance premiums will go up. So make her aware.
If you don't care if it stays there as long as it doesn't cause damage and you think that removing the branches on your side will make it alright, you'll be negociating from a position of power if you start with what I said at the beginning. But from the impression I get, if it's that gigantic, if it falls, it may be likely to fall on your home... which brings us back to square one...
Since she is a neighbor and fights with neighbors are always most often a lose-lose situation, you may want to try and turn it into a win-win one instead by perhaps offering to replace the sick tree with a new one of her choosing, in exchange for her taking her responsibilities. This won't cost you much... for sure it'll cost you less than lawyer fees if the tree does cause damage because even if you win, you still have to pay a lawyer to go get that $$$. In some towns (ours is one of them), to help save the planet and lower ozone levels, if you remove a tree, YOU HAVE TO REPLACE IT!
Good luck....
2007-02-24 10:25:35 · answer #1 · answered by The ReDesign Diva 7 · 1⤊ 0⤋
I have read about situations like yours. It usually is stated that if the part of the tree on your property is causing damage, the tree can be trimmed back, just as long as the trimming does not kill the tree. As the tree is already 3/4 dead and the dead parts are damaging your property, I see no reason why you cannot trim back the dead parts to protect your property, including any people on your property when the branches fall. I would take pictures of the tree before you do anything to it, tho. Also take pictures of the branches after they have fallen, especially if they hit the house. Even if they miss the house, it is a hazard to both you and your property. In my way of thinking, If the city and county have no authority to help you, I cannot see where they have the authority to help your neighbor. But to be on the safe side, I would contact an attorney and find out what is legal before doing anything. It is possible you can file a claim against the neighbor every time the tree does damage to your property. Find out what company insures her property and file your complaint both there and with the city and county. There may be a clause in your neighbor's insurance policy that would increase her insurance if she has anything hazardous on her property. ( If all else fails, fake a head injury from a falling branch and sue the neighbor! LOL) Don't know just how much this helps, but it's all the suggestions I have.
2007-02-24 10:36:49 · answer #2 · answered by Katykins 5 · 0⤊ 0⤋
On thing you absolutely have to do is to write a letter to your neighbor telling her how it is a hazard and needs to be removed before anything or anyone is harmed by it. Certify the letter to her, keep the proof. If the tree falls on your house, it is proof that you notified her that it was an issue and that she is liable for the damages. Like someone else said, take pictures now. Have any branches that are on your side removed as soon as you can. Take pictures after wards so you can show that you tried to handle this. You may end up needing to go to court over it as if it damages your house, your insurance may not cover it if it is a dead tree. Good luck with it!
2007-02-24 10:44:46 · answer #3 · answered by Michelle G 5 · 0⤊ 0⤋
Wow. you have tried to cover all the possibilities.... in most states you have the right to remove any part of a tree that grows or protrudes over your property line... you might try your local county attorney as to liability, and see if you can get a written statement from that arborist and contact your home insurance agent...they might have some sway over the neighbor if she is facing a huge damage suit.
2007-02-24 10:25:30 · answer #4 · answered by sw-in-gardener 3 · 1⤊ 0⤋
If they refuse to work with you, talk to your state or district attorney to file an official complaint. If all else fails, call your insurance agent and ask them for help. As I am sure they don't want to pay a claim for damage, I bet they can find a way to let you legally trim back part of the tree on your property.
2007-02-24 10:23:38 · answer #5 · answered by JD_in_FL 6 · 0⤊ 0⤋
By law you are allowed to remove any part of the tree that hangs over your property.
2007-02-24 12:36:56 · answer #6 · answered by angel48wings 2 · 1⤊ 0⤋
as most have stated ,any part overhanging is fair game. so cut off everything on your side . when she looks out and sees the tree is heavily weighted toward her house and property she may see this tree differently...
2007-02-24 14:34:29 · answer #7 · answered by Anonymous · 1⤊ 0⤋
since part of the tree is on your property remove the branches that is on your property that is what we had to do and where we live it was legal since it was on our property
2007-02-24 10:26:40 · answer #8 · answered by thomasl 6 · 2⤊ 1⤋
You have the right to remove the part on your property(branches ) as these are endangering your house.Your neighbour has no say in this becuse it is on your side.
2007-02-24 10:27:53 · answer #9 · answered by prettywoman_eks 2 · 2⤊ 1⤋
trim every branch on you side of property line.
2007-02-24 10:31:41 · answer #10 · answered by erinxray 2 · 3⤊ 1⤋