What should I do when neighbor won't cut back his tree?

Question

The property next-door has maple tree that is growing between our houses. The base of the trunk is on his side of the fence, but the top branches are hanging over my roof and scraping the shingles. Last fall, I had a tree service come to trim back some vines and trees on my own lot. I asked them then to trim the tree in question, but they refused saying that it was the neighbor's tree and they didn't want to get in trouble over it. A few weeks ago, I happened to see the owner of the lot (he owns it but doesn't live there) and pointed it out to him and asked if he would get someone to trim back the branches. He said "No problem." I guess he meant that it wasn't a problem for HIM, because it' s been 3 weeks now and nothing has been done. Two days ago I saw him there again and approached him regarding the tree. He totally ignored me and got his his car and drove away. What should I do now?

Answer 1

Although I agree with our tennessee angle (blueridgeliving) this should be your SECOND step.

It's called self-help and is frowned upon by the court should the neighbor sue you for damages to the tree.

What you need to do initially is send the following letter CERTIFIED(RRR) to the owner:

Dear [his her name]

In reference to our conversation a few weeks ago about you agreeing to trim back the Oak Tree which is located on your property but overhanging and causing damage to my property.

I am writing to inquire as to the date I can expect such trimming to be completed as the danger of the overhang is becoming a concern not only to my property but to the family members who reside in my home.

If I do not hear from you in 5 business days from receipt of this letter I will assume that failure to address the issue on your part as permission for me to seek remedy and to recover such costs and fees as necessary to insure the safety of my property and family members.

sincerely,

[YOU]

If he does not respond in the 5 business days or the tree is not trimmed, then have it trimmed and sue him in small claims court for the costs. But take photos of the tree before the trimming and after and keep a record of who did the work .

EDITED BASED ON =42's RESPONSE:

If you that this person's advice you can be ticketed by the police for illegal dumping or sued for property damage. I STRONGLY suggest you NOT do this.

Answer 2

Sweetpea is correct. In most cities and towns, if a neighbor's tree limbs hang over your property you have the right to cut them back to the property line. You also take the chance of alienating your neighbors if you don't get them to cooperate and agree. In a fair world, they would not only say okay, but would assume responsibility for doing the trimming and getting rid of the limbs and branches. However, most of the time it is a really touchy subject and can cause some very unfavorable reactions when a neighbor feels his or her tree has "been butchered" and is no longer attractive. Some cities do have some ordinances about this, and most say your property line extends from ground to sky so you do have the right to ask that the neighbor remove what is hanging over your property. I can think of only a few places I have heard of that when this situation arises, the city or town will send someone out to take a look and then tell the neighbor if you want the limbs cut back, they have to do so. I would take the Dear Abby approach on this. Gently mention the fact that the limbs are interfering with your yard a couple of times, just to gauge the reaction. If no immediate positive response, mention it again just a touch more forcefully. Most neighbors would get the idea pretty quick and if they are nice, they would try to come to some resolution with you that won't cause either of you problems. It is the sticklers you will have problems with. Prepare for cold shoulders on that one. However, if they are already sticklers, why care if you further irritate them? Just remember, those types often carry grudges and give great thought to what goes around comes around, so your kids playing or getting on their lawns could cause skirmishes. Finally, of those few places I know or have heard of that actually enforce these types of problems, it is indeed the tree owners' responsibilities to cut them back and clean up the mess, and the city will back you up.

Answer 3

Nolo Press has an entire book on "Neighbor Law" that looks at issues like this. However, as a general rule, you do not have any particular right to damage someone else's property without permission, just because it happens to be on your property. If you decide to carefully prune the tree so it does not damage your house, you cannot "sue the neighbor" for any of the expenses because the only one who benefits from this is you, not the neighbor. If you injure or kill the tree you may be held responsible to replace it, minus the damage that the tree did to your house.

Why not simply be polite and come to some businesslike agreement on sharing the costs? He gets a healthier tree, you get a healthier house. Good luck.

Answer 4

I have the same problem. I just cut down the branches. Better the having a to pay to get the roof fixed later. If there is any complaining that happens some tree killer might get spilled near by.

You could tell the owner that his tree is causing damage to your house and would like to know where to send the bill. And actually he is responsible for damages this is neglect not act of god.

Answer 5

The general common law rule is that a landowner has the right to cut any tree branches overhanging his property -- at his own expense. It is possible -- but unlikely -- that local ordinances or homeowner assoc. rules or local covenants change this rule. I'm surprised the tree service dodn't advise you of this; possibly they felt that such cutting may unbalance & damage the tree. Under common law rule, if you don't take action & the tree damages your home you will not be able to hold your neighbor responsible.

Suggest you contact a local attorney to determine if there is any limitation on your rights & then notify your neighbor of what you intend to do if he doesn't take action himself.

Answer 6

If you can obtain his address, send him a certified letter with return receipt requested notifying him that you would like him to trim his tree that is hanging over your property. Indicate that if he is not willing to do this, you will take him to small claims court. If the tree is somehow damaging your roof than you have a better case.

Answer 7

Try sending a letter and afterwards a certified letter. Especially if there is damage or potential damage to occur. Get his name from the appraisal district. Then depending on what state you live in, civil laws will apply. Maybe get some "free" council from a attorney. Then you may sue in small claims or JP court. I know the power companies have to deal with these situations as power lines are damaged from tree limbs. They cut them when they encroach in the easements.

Answer 8

Have the tree branches cut completely in a perpendicular line (straight up and down) corresponding with the property line.

In other words, cut the tree branches so that it looks like a WALL is on the property line, with not ONE wisp of that tree coming over your property line.

It's perfectly legit.
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EDIT: Hexel has provided you with an EXCELLENT letter. I would use it if I were you.

Answer 9

I have the same problem, dead trees falling and damaging my vehicles, small limbs, not covered by car insurance because of deductables. these trees are huge and growing right over my cars and garage. I have sent a letter and spoke, he walks away, attorney wants fee to even talk. Rental property next door, owner won t do anything. I ve even went without electric because of it, replaced chain link fence, etc. Neighbors lost car because one fell on it, he would not even replace or give them insurance number. What do I do?

Answer 10

You can cut what hangs on your property. I suggest you get a ladder and cut them off. Just in case, take photos of the damage the tree is doing BEFORE you cut. Take photos after you cut.