How to legally remove a big tree that's 1/2 on my neighbor's side?

Question

I have a large 50+ year old tulip tree behind my garage. The trunk is 3.5 feet thick, 1/2 of it is on my property and 1/2 of it is on my neighbor's side (I have a surveyor's map, so I'm sure). I want to cut it down because it's slowly growing into my garage roof and pushing against the wall. I'm also worried about big falling branches because this type of tree is a very soft wood and it can break under it's own weight pretty easily, and I've already had my car, fence and garage roof damaged by some. He's also had some branches fall into his own yard, any one of which could have easily killed him or his kids. But my neighbor is reluctant to let me take it down because he likes the shade it provides. And even though I feel he ought to pay 1/2 the cost of removing the tree, I offered to pay for the whole thing just to get it over with. But although he's friendly in person and tells me he'll "let me know", he never answers my letters or my phone calls in order to give me the go-ahead.

It's clearly a safety hazard and in time, it'll eventually push my garage over if it doesn't get removed. I recently hired a tree pruner to trim it so at least it's safe on my side for now. What can I do to get him to allow me access to his property to remove the tree?

Answer 1

You'll probably have to consult your local county or city government and ask them how to go about getting the tree condemned before it damages the foundation of your garage.

In cases like this, where the structures on the property are threatened, it seems to me it should fall under the purview of the building and zoning commission.

Since local laws govern these sorts of things, a generic answer on Yahoo won't serve your purpose.

Answer 2

Plant some "Praise to Heaven" trees that'll grow very fast and provide shade until some other more pleasant type of tree planted further in side either lot line can replace the one taken down. Look online for fast growing shade trees.

If nothing else, send him a certified, return receipt requested letter outlining your concerns regarding damages so that he can't say he didn't know when you sue him over the damages - the court will be on your side.

Answer 3

It depends on the laws in your city. Unlike the previous poster's answer, where I live you can legally cut down the part on your side of the line ONLY if it does not result in marring or killing the tree for the people on the other side.

The best thing to do is call your city zoning office and ask them what the laws are there, especially since you would have to actually get onto his property to cut it down.

Answer 4

I have dealt with these issues many times in my job. First attempt to negotiate with your neighbor (face to face) and convince them that the tree needs to come down, and that the cost would be equally split unless you are indeed willing to foot the entire cost. If all other attempts fail to resolve it with your neighbor have the tree assessed by a certified arborist or tree care professional (ISA certification, etc.) to determine if the tree is a hazard or potential hazard to persons or property. Generally something like structural weakness, disease, decay, etc. would have to be present to deem it to be hazardous/ dangerous. If indeed the tree is deemed a hazard send a registered letter to your neighbor notifying them of the hazard, this may allow you to obtain damages from litigation or insurance should the tree fail and cause loss or damage. If after this there is still no satisfactory response, then notify your local government of the situation, most municipalities have regulations or ordinances allowing them to condemn hazardous/ dangerous private trees, they could order that tree be removed. Good Luck.

Answer 5

If it is affecting a building, you might get some help from the Building Department (in your local Town Hall or County Courthouse).

They might issue an Order that the tree be removed, directed at both owners since it is on the property line.

They might not, but it's worth a shot.

Answer 6

He sounds like a jerk. It's affecting your garage, your structure, but he's concerned about "shade"? Honestly, I'd probably wait till he's gone one day, and have someone come out and cut it down and remove it. Not much he can do about it then. Probably be pissed at you, but look at it this way, if your garage ends up ruined, is he gonna help you pay for it? I seriously doubt it, he'll just claim it was 1/2 your tree. I'd take photos of the damage it's caused your garage, cars, etc. take photos of the tree before hand as well, just in case he gets a bug up his butt and tries something.

You could go through legal channels as well, but they'll cost more money and more time, but still might be your best bet. But what it really boils down to, is structural damage, or his personal gratification from the shade....can't see a judge ruling on his right to shade....

Answer 7

We went through this in Florida (we wanted to keep the tree). We had to go down to the county office and pull a "title chain" and find the original survey on file for the house (not the one we purchased with - but the one from 1929). It clearly put the tree on our property.

Answer 8

Letters or phone calls? Why don't you try talking, face to face, with your neighbor? I don't believe that there is anything that you can legally do if your neighbor doesn't want you to do it. The tree is half his. But, face to face communication between neighbors is much more neighborly.

Answer 9

screw the neighbor cut down the tree an if he wants shade he can plant a new tree completely in his own yard.

Answer 10

Any part of the tree that is on your side you can cut down. If branches are hanging over you are entilted to trim them back to their side. I have actually looked into this a while back.