We have a large tree (the oldest, largest in the neighborhood) sitting smack-dead on the property line between our house and our neighbor's house. We have new neighbors who are complaining about an "obstructed view" of the street (and why someone would rather see a street and neighbor's houses than a tree I have no idea) and want to either cut the tree down or prune it to the point of deformation. We are refusing. Not only does the tree provide an excellent canopy over the entire front yard, it provides shade to the house which helps keep our energy bills low.
What, if any, are the liability concerns? What happens if the neighbor prunes and damages the tree without our permission?
We live in Ohio, by the way. We do not have a Home Owner's Association.
2007-08-14 06:48:17 · 9 answers · asked by Chris B 3 in Home & Garden ➔ Garden & Landscape
first of all I'd be wondering if their purpose for moving into the home was to see the street or not. Since they purchased the property with the tree on it already and never asked about the tree prior to purchase, I'd assume they accepted that the tree would still be there after they made the purchase.
when a tree is on the property line each side is permitted to trim the tree as they like. And, one day you may not be able to stop them as they might attempt to ruin the tree from their side. Remind them "gently" that by law it takes both you and they to agree if the tree stays or goes, that you are in favor of keeping the tree. (I don't think you want to mention how often people move from their homes, and then people in the future won't be able to enjoy the old tree....because they might try to get you to leave). The way to save it is to be good neighbors and in agreement to save the tree. I don't think they have a right to chop it down unless you agree. And to remove it totally would cost a bundle. Perhaps telling them a humungeous fee for it's removal might deter them (make sure they can't afford the cost before you mention the amount). If it comes to a fight you can hire an attorney if you feel you can win.
2007-08-21 21:42:01 · answer #1 · answered by sophieb 7 · 0⤊ 0⤋
If the tree is on your property you may be liable for any damages it caused. I'd contact a local lawyer and find out what course of action you can specifically take. Like I said, they may be able to sue you for negligence and to me it sounds as though they'd have a fighting chance to win. I would see if you and the owner of the adjacent property can't work out some sort of deal covering the financial expenses in removing the tree and its roots before it causes anymore damage and you be held liable for more expenses in the future.
2016-05-17 21:16:58 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Find the nearest PLANT AND WILDLIFE preservatory in your area. Tell them your situation, and see what the options are.
Since it is the largest and oldest tree in the neighborhood, poll the other neighbors to see community reaction. Do not be mean just get the facts. Trees should be preserved as long as possible. Get the property surveyed so you will have proof of owner ship. hope you can save it..
2007-08-19 05:00:27 · answer #3 · answered by mister 2 · 0⤊ 0⤋
I agree with Jube; consult with your city or county for a solid determination about the "ownership" of the tree. If your community requires a permit to trim or remove a tree, you probably have a positive edge in protecting it if the tree is quite old and healthy.
Unfortunately, any decision made on the disposition of the tree is sure to create unhappy results between you and the new neighbors. Good luck.
2007-08-18 23:01:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I would have the county engineer's office come out and do a survey on the property lines and determine who is the actual owner of the tree. If your neighbor wants it trimmed to deformation get an injunction against him and let the courts decide. Remember you have to live in that neighborhood unless you are planning to move.
2007-08-14 06:57:16 · answer #5 · answered by jube 4 · 5⤊ 0⤋
I don't live in Ohio and if I were you I would contact a lawyer who specializes in property disputes. However, where I live people can do whatever they want with trees that impinge on their property. Meaning that they could prune the heck out of their side of the tree, not only making it unsightly but dangerous.
I just hate it when people are so stubborn and unreasonable. Good luck.
2007-08-14 07:00:35 · answer #6 · answered by Sage 6 · 4⤊ 0⤋
in most places, he could trim off anything that overhangs his property AS LONG AS it is not to the detriment of the tree.... he can cut off limbs, but he can't, for example, cut of a long slice of the trunk, lengthwise.....
same as the power line guys.. they can top, or cut most of the limbs off any tree in the way of a power line, but they cannot cut it down....
you will have to get a decision from someone on who owns the tree.... then that guy will be responsible for any liability resulting from it....
if it turns out that HE owns the tree, prepare yourself....
I'd maybe see if you have an 'old trees register' and if you can get it listed there...the folks at your County Extension Office would know....... it's like protecting an old house from destruction.... if it's listed, no one can mess with how it looks!!....
good luck....
2007-08-14 10:06:38 · answer #7 · answered by meanolmaw 7 · 0⤊ 0⤋
I would hire a proffesional to trim tree,but not to much. Then your neighbors will feel you have @ least heard their concerns. Usually the city will ask you to trim tree,s/bushes that are obstructing views, so they are(neighbors) within their rights to be concerned.
2007-08-17 05:33:05 · answer #8 · answered by jmada05 4 · 0⤊ 0⤋
You must find out with the municipality first!
2007-08-21 07:54:49 · answer #9 · answered by kayneriend 6 · 0⤊ 0⤋