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What is the legal way to proceed in trimming a tree from a neighbors property?
We have a large half dead pine tree hanging over our property line from our neighbors yard. It is too large to trim without a professional. When we had tree work done to remove trees from around our house, we asked permission from the neighbor to trim the tree. Originally we recieved permission from wife, but when the tree trimmers asked permission to go into their yard the husband said no, but that we could pay to cut it down. We in no way intended to pay that much money. When we contacted to town, we were told we had the legal right to trim overhanging branches, but not by trespassing on their property. There is no way to trim it without getting into the tree. We now have vermin in our attic that have gained access from their tree. How do we legally proceed? I now have to pay to have someone remove the vermin from my HOUSE.
A ladder? Really? Never heard of one. I wonder why I wasted all my time typing completely forgetting about a ladder. Oh, yeah, because is too high, genius.
Renting a Cherry Picker is a great idea. That's what it may take.
Small Claims court. Another good idea.
Keep em' coming!
9 Answers
- Anonymous1 decade agoFavorite Answer
I just recently experienced the same dilemma with my neighbor. There is no way on earth that you will be able to cut down the entire tree! I offered to pay for the tree removal and my neighbor said No! So I had the tree limbs cut that was on my property line and there has been no further damage to my property. I was told by a lawyer friend that I could take my neighbor to small claims court for the costs, removal and damage. I'm considering that seeing that it has damaged my concrete sidewalk and fence. Hope that helps! Oh take plenty of pictures!
- IzzyLv 61 decade ago
Contact the town offices again. Explain the extenuating circumstances (can't get to the tree without going onto the property, now have vermin that are quite costly to remove...) and see if they can offer any suggestions/solutions.
I am by no means a sue-happy person, so don't assume I'm taking the easy way out by suggesting this-- but if the town can't do anything, take the neighbors to small claims court for the cost of the extermination of the vermin.
Here's what you want to do to have a case.
Keep clear, detailed records of any conversations/interactions you have with the neighbors regarding this situation. Be able to prove that you tried like crazy to get the neighbor to let you on to cut the branches, and that they declined. You'll also have to prove you didn't have to exterminate for pests before this hoop-la began. The neighbors offering to let you on the property if you pay to cut down the whole tree is NOT a reasonable compromise. It sounds like they're being completely unreasonable.
Then, you'll at least have your money back for the pests. From there, the neighbors might either give in and let you cut down the branches, or they'll continue to receive bills from you for every time you have a tree-branch-on-house related expense.
Best of luck!
- ?Lv 45 years ago
The person who "owns" the tree (the one on who's property it grows) is responsible for trimming ALL the branches, even those growing over the walls, to insure that they don't become a nuisance to anyone. Since that person was apparently negligent in those duties - at least in his neighbor's eyes - the neighbor took it upon himself to do the owner's job of trimming the branches, but wasn't willing to also do the owner's job of disposing of the branches. Perhaps he thought the tree owner would take the hint and become a better neighbor himself in the future...
- 7 years ago
I introduce to you the** MASSACHUSESSTS LAW**
( a Federal Law)...... you can lawfully trim all limbs to the property line without damaging the tree. If you hire a Licensed Tree Expert who apply ANSI standards and trims to property line if the tree dies then your not heald responsible. Also you may be able to use home owners insurance to pay for the tree if its a safety issue.
As for the vermin take them to small claims court and show them proof of damage and exterminater fees..make your neighbor pay.
Source(s): Tree Crazy www.trmmaryland.com https://www.youtube.com/channel/UCeZd6fCvxK-mBaCvr... - 1 decade ago
If I were in your situation I would just have the tree-cutters trespass, illegally, on their property to cut the trees down. If your neighbors are that miffed and want to take you to court over it, so be it. A jury is not likely to award more than $1 in nominal damages for that kind of infraction.
OR: perhaps your neighbors would be willing to split the cost of the tree removal? You say they want it cut down, too. Be diplomatic.
- donotbuyakiaLv 61 decade ago
You can sue in civil court, which will be time consuming and costly, with questionable results. Or you can rent a cherry picker and trim the tree without going on the neighbors property.
- Anonymous1 decade ago
ot sure why you can't cut just the overhang. You certainly should be able to cut back from your house roof or a window. There is always small claims for the vermin bill.
- Anonymous1 decade ago
They have this great invention called a ladder.
You basically can cut down any part of that tree that is on your side of the property line.