What to do with the neighbors tree - damages property?

Question

My neighbor has a really large tree that overhangs my home lawn and drive. The leaves are really bad - I bought a leaf blower and I don't even have trees. I need a new roof and gutters on that side of the house ( 4 year old roof), my deck is stained and I have no grass. The lower branches have left debris and slashed my husbands H2 (a month old) and I had to file an insurance claim to repaint my leased Lexus. Between the leaves, sap, birds, and broken dead branches this tree has destroyed 4 cars and caused 6 insurance claims = $1,500.00 in deductibles at my expense. It's a locust tree and it looks nice but I don't think the neighbor understands because it does not cover her home / driveway. And I cannot move the cars - garage is full. Township does not return phone calls. I already offered to pay for trimming. I just don't thing it is right that I have to drive a damaged car and keep paying deductibles.

Answer 1

I had the same problem. You are allowed to trim the tree straight up the property line, as if an invisible fence was raised to the height of the tree. The tree will most likely look hideous after that, but it beats what you have going on now.

EDIT:
Quietly killing the tree, so no one knows it's dead, leaves your house in danger of it falling on your house.

Answer 2

Check to see what the laws are in your state and city.
For example where I live you are within the law to have anything that hangs over your property removed. Only the branches though. First go to your neighbor and try to resolved it. Nothing worse than a neighbor from h*ll !
...........Library Book.............................
Nolo's Neighbor Law: Fences, Trees, Boundaries & Noise
by Jordan http://www.barristerbooks.com/Index.asp?Product=92034&Aid=ovsmx
................................................................
THESE ARE SITUATIONS AND PROBLEMS ALL OVER THE COUNTRY AND EACH STATE AND CITY ARE DIFFERENT.

Frequently Asked Questions
http://www.clark.wa.gov/commdev/code-enforcement/faqN.html
8. If a neighbor's trees hang over the property line of another neighbor's property can the tree be cut back?
There is no ordinance identifying this problem, but Mediation Services can be of help to resolve this problem with your neighbor. The phone number is [phone]
...............Media Contact...................
Publicity, Nolo, 510-704-2251, [e-mail] (email)
open link for email above
Neighbor Law: Fences, Trees, Boundaries & Noise


Can I trim the branches of the neighbor's tree that hang over my yard?
http://www.nolo.com/article.cfm/pg/1/objectId/D815344D-7AA8-4B48-A1FD1F04F351504F/catId/D0B308BB-D553-438E-94E8D66498A911D7/213/243/267/FAQ/

You have the legal right to trim tree branches up to the property line. But you may not go onto the neighbor's property or destroy the tree itself.
Deliberately Harming a Tree
In almost every state, a person who intentionally injures someone else's tree is liable to the owner for two or three times the amount of actual monetary loss. These penalties protect tree owners by providing harsh deterrents to would-be loggers.

..........................................................
This is what I did.....had discussed the walnuts that kept falling on my property with my new neighbor. She was to have them cut down.
finally I wrote a note and ask her if she minded if I cut the overhanging branches off. the next thing I know is she had all of her trees removed. She said the aborists said the trees
were rotten and all needed to come down.
Lucky her we had a severe ice storm this year and half the trees on the block were destroyed.
She said the luckiest thing she ever did was cut down the trees. Thanks to me and my complaining.
Good Luck

Answer 3

Lu Ann Trevino This attorney is licensed in Texas. Posted about 1 year ago. Flag as objectionable This information is given for educational purposes only. No attorney-client relationship exists between us. Your neighbor is not liable for the damage to your property UNLESS he was negligent in the maintenance of the tree. If he failed to trim dead branches or allowed it to lean in your direction, then he is negligent and liable for the damages. You can ask for his insurance contact info and make a claim. If he won't give you the info, you can file a small claims suit up to $10,000. If there was no negligence, then he is not liable to you and should file a claim on your homeowners insurance for the damage.

Answer 4

it is your neighbors tree and it is your neighbors responsibility to take care of the tree even though it hangs over your side of the property. if your neighbor will not fix it you have a lousy neighbor. have some one trim the tree straight up on your side. i would not kill the tree as trees are great for the environment plus shade. let him or her know that they can resolve the problem or get the bill for you resolving the matter. as a last resort you can get an attorney, but that is going to cost you more in the long run.

Answer 5

Contact a lawyer,I would let your neighbor know of your plans to do this, and then follow thru. You do have the right to have branches trimmed that are hanging over into your yard, just a shame your neighbor is so unfeeling to your problem. But what goes around comes around.

Answer 6

terribly bad for the environment, but a couple quarts of gas underneath the tree every now and then would kill it without apparent guilt;)

Answer 7

if you really don't like it,go to your neighbor and tell him that or,if it is in your property and it make fruits,you can get them!!!