My neighbor has decided to put his BBq and Tiki torch under my 150 foot tall evergreen tree, but on his side?

Question

of the fence. now i noticed that all the brances on that side of the tree are dying! I'm so mad. I need to know ... since it's in his yard... can i legally make him move it ... or do i just need to cut down that huge tree b4 he
1.) kills it - or
2.) catches it on fire and burns bth our houses down?

Answer 1

In most states (US) the laws are similar regarding trees hanging over property in residential areas. Your neighbor can trim limbs from your tree that hang over on his side of the property. However, he has a responsibility to maintain the tree in a healthy manner. Also, he doesn't have the right to whack a tree to the point where is tree is unsightly or subject to disease or dying.
I imagine a fire lit under the tree branches are probably damaging the tree. Unchecked, the tree will also probably die over time. Depending upon the height of the limbs on his side.
My advice to you is to check the law in your state (using the internet, I'm sure you will be able to find the precise laws and conditions governing your situation). If you're in the right, explain to him your concerns. If he isn't willing to make concessions, tell him you intend to seek legal help (to include his responsibility to cover court costs you incur from emforcing your legal rights) to solve the problem.
This should be a last resort though, 'cause most folks don't like to have troubles with their neighbors---me included. I will live with folks in my community for a long time. I really don't want any ill-feelings with anyone unless there's no other choice.

good luck

Answer 2

Be very nice about it.

Let the neighbor know that you enjoy and value your specimen-sized pine, fir, or whatever it is. Also let him know that the heat and fumes from the BBQ and torch are killing your beautiful tree.

Ask him nicely to PLEASE move BBQ and tree so that YOUR TREE can recover.

If he refuses, then RATTLE YOUR SABRE.

Tell him he has three days to move the items, and if he does not comply, he leaves you with NO CHOICE than to take legal action. Try to find a pro-bono (free) attorney through Legal Aid. Put everything in writing, also.

I sincerely hope this helps.

PAMELA J.

Answer 3

This presents a real quagmire. Are the limbs getting burnt or just dying? He actually has a right to enjoy his property. Your tree cannot prevent this. He has a responsibility to prevent damages to your property. Many will tell you that he could just cut off all the limbs on his side, but this is not true if it will kill the tree. I think the two of you need to find an equitable solution.

Answer 4

It's your tree and cut it if you want to.He has no legal say in the matter.
if it cought fire from his neglet and burned your house he is responable.
Idought if you can get him to move it as it's in
his yard.
You could have the fire marshal come down and look things over,he can ask him to move it if
he feals it could be a fire hazard.

Answer 5

You can't make him move it, it's on his side after all.

You need to talk to him and point out the possible fire risk to both of you.

Also, legally he has the right to trim any branches over hanging his property line, but he doesn't have the right to kill the tree.

Answer 6

I'd shoot him with a fire extinguisher next time he lights up.