Any way to protect against tree-trimming neighbor?

Any way to protect against tree-trimming neighbor?

"digger o'dell"	6/8/2005 11:00:10 AM
Familiar situation where neighbor claims that branch from my tree is partially shading his garden. Removing the limb which overhangs property line would utterly destroy the tree's beauty. From my limited experience, neighbors do have some undeniable rights to trim the tree branchs at the point where they cross the property line. But are there any exceptions to that rule? Can I legally prevent his from stepping foot on my property to do his dirty deeds? Arguably, for several hours in the morning only, the limb reduces the light by no more than 10 percent. Any suggestions would be appreciated.



"Scott Hedrick"	6/9/2005 9:05:28 PM
"digger o'dell" <diggerodell@gmail.com> wrote in message news:gu1ea11vho1pn3rpfo7qff5cehjv0vn07i@4ax.com... Can I legally prevent his from stepping foot on my property to do his dirty deeds? He shouldn't have to step on your property in order to trim the part that overhanging his. Yes, you can tell him to stay off your property. However, he's also allowed to trim the part of your tree that offends him, so long as he doesn't do so much damage that the life of the tree is seriously impaired.



Stan Brown	6/9/2005 9:05:29 PM
On Wed, 08 Jun 2005 11:00:10 -0400, "digger o'dell" <diggerodell@gmail.com> wrote: From my limited experience, neighbors do have some undeniable rights to trim the tree branchs at the point where they cross the property line. But are there any exceptions to that rule? Yes -- for one possible exception, where trimming would kill the tree. Also in many jurisdictions the neighbor must ask the owner of the tree to do it and give the owner a reasonable opportunity to comply; the neighbor can't just up and start trimming one day. Look up "encroachment" or ask your city division of inspections. Can I legally prevent his from stepping foot on my property to do his dirty deeds? Yes, I believe so. If you're going to get in a brouhaha, best consult a lawyer so that proper notices are given. Better yet, a lawyer may be able to negotiate a compromise with you neighbor that would let the neighbor save face and you save the beauty of the tree. -- Stan Brown, Oak Road Systems, Tompkins County, New York, USA http://OakRoadSystems.com/ "I feel a wave of morning sickness coming on, and I want to be standing on your mother's grave when it hits."



"John D. Goulden"	6/9/2005 9:05:27 PM
Familiar situation where neighbor claims that branch from my tree is partially shading his garden. Removing the limb which overhangs property line would utterly destroy the tree's beauty. some undeniable rights to trim the tree branchs at the point where they cross the property line. IANAL. "Tree law" varies so much from state to state and even municipality to municipality that you can expect little more than the most general advice from a newsgroup. You should consult with an attorney who is familiar with your local tree ordinances. -- John Goulden

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