property , with the limbs to be cut the ones going over their property, when you return home the tree has been lopped to 8 feet, completely beheaded? it is (was) an oak tree and while not the prettiest tree provided some privacy for us ... they had to have leaned over the property line to do what they did ..
2007-10-08 10:33:19 · 8 answers · asked by sig21792 2 in Home & Garden ➔ Garden & Landscape
As far as I know, anything that hangs over the property line is fair game to pruning. They should have been more ethical and worked with you on trimming up the tree, but I seriously doubt they did anything illegal. However, if the tree dies or gets diseased from improper pruning, you can make them pay for the damage.
But it's always best to try to get along with your neighbors. Let them know that next time, you'll take care of it.
2007-10-08 10:39:59 · answer #1 · answered by equal_opposites 5 · 0⤊ 0⤋
In my state, MI, and in the state I came from, IL, it is legal for neighbors to cut any branches, limbs, etc that hang over unto their property. I am sorry that your tree was made to look so obscene. I find it hard to believe that the top of the tree was hanging unto their property. I am sure you could raise a big stink if they removed any part of the tree that was on your property. Do you have a picture that shows the tree and the boundaries of your house and the neighbors. It sounds like your neighbors hired the Electric company. I wish you could see how the electric company massacred my pine trees because no branches can interfere with the power lines. I basically have about 5 full grown 60 foot pine trees that only have one side with branches. And...there is nothing I can do about it. So much for property ownership.
2007-10-08 17:42:51 · answer #2 · answered by juncogirl3 6 · 1⤊ 0⤋
In my experience, anything that hangs, protrudes or enters the neighbors property is their business. They could only trim what hung over their property line, they should not have cut the tree limbs on your side, even if they entered the neighbor's yard. Imagine a wall, infinitly tall at your property line. You can do what you want to the tree in your side, they can do what they want to the part that hangs over thier side.
2007-10-08 18:51:34 · answer #3 · answered by Keith B 1 · 0⤊ 0⤋
They are entitled to cut what hangs over the property line. Take photos, check with your city code enforcement and talk to a lawyer. I am assuming they did not contact you first about the oak tree. You could have contracted with a certified arborist to have some modest trimming done that would have addressed any overage into your neighbors realm. If they did it themselves, without a certified arborist, without contacting you, I would pursue this matter to the fullest. You won't have a good relationship with your neighbors anymore, but it doesn't sound like you did before.
Sorry.
2007-10-08 17:44:08 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If you do not want them to prune limbs of your Oak Tree (we had a similar problem) tell them, in that case, they must HIRE a professional tree-limb trimmer company to provide the service, to make sure it is done professionally.
Good Luck.
2007-10-08 17:41:46 · answer #5 · answered by newyorkgal71 7 · 0⤊ 0⤋
Real estate law provides them the right to cut anything that falls across the property line on their side. They can cut it up to any point which crosses the line, flat siding it if they wish, but they have no right to top the tree.
Talk to an attorney, for sure.
2007-10-08 21:42:09 · answer #6 · answered by feyanni 3 · 0⤊ 0⤋
I would be speaking to my lawyer, as s/he would undoubtedly be more polite than I could be. They're allowed to trim what goes over their property line, but no farther, in the US, and are liable for damages.
http://www.nolo.com/article.cfm/ObjectID/D815344D-7AA8-4B48-A1FD1F04F351504F/
2007-10-08 22:09:15 · answer #7 · answered by Anonymous · 0⤊ 0⤋
they can only trim what is hanging over their prop line....lawyer time?
2007-10-08 17:37:57 · answer #8 · answered by MC 7 · 0⤊ 0⤋