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Hi,
Two very large (about 100'), very sick-looking trees growing out of one root
base appear to be right on the property line we share with a neighbor. One
of the trees is starting to lean toward our houses, and shows stress cracks
after a windstorm last week. I'm afraid that one or both of the trees will
fall on one or both of our houses, and want to take them down as soon as
possible before they leaf out this Spring.
We have had a good relationship with our neighbor in the past, and have
never had any disputes. But we have not been very close for the past year or
so. I am trying to arrange a meeting to talk with my neighbor about this
problem.
I would like those trees to be taken down, and believe that as neighbors, we
can and should cooperate for our mutual benefit. Its not clear whose
property the trees are on. But since they present a danger to both of us, I
think the practical solution is to act as though they are right on the
property line. If we both agree to this, is there still a legal problem that
can bite me?
If we can agree to share the costs, that would be fine. If not, I would
still want to take the trees down because of the danger. But, whoever's
property the tree are on, and whoever winds up paying, the tree service
would require access to both of our backyards to take the trees down and
remove the wood. So we need to give each other permission to go onto each
other's property.
This seems like a really tangled situation. Unfortunately, there's real time
pressure to act.
Do you have any suggestions on how to approach this matter? If my neighbor
and I agree that we or just I should hire a tree service to take down the
trees, what more do we need to make our agree clear? If it turns out that
the trees are on my neighbor's property, and my neighbor does not want to
cooperate with having them taken down, what recourse do I have, since they
are still a danger to my home and my family?
Thanks for your thoughts.
Orrie
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Orrie,
You have a couple of "sick" trees that are on the property line. You plan
to propose to your neighbor that these trees be taken down. While you hope
that he will pick up half the cost you are agreeable to paying all of the
cost. You ask for advice.
You seem to be approaching this problem well. I'm surprised that you have
not hired an arborist to look at the trees and give you an estimate of a
fix. You make it sound as if the only fix is taking down the trees. I think
it will help you to have some real cost estimates when you speak with your
neighbor. I also think that having more than one option ( $4000 to fix the
trees or $1000 to take them down) will make your neighbor more cooperative.
Tree laws is local law so it's impossible for us to tell yiou what your
options are if this becomes a dispute. I'd procede as you are doing and only
get legal advice if you and your neighbor can't agree.
Good luck,
Dave M.
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In article <7j2it3h2s0mppleida54bo1eck5das58m3@4ax.com>,
"Orrie" <canspamEB3551@yahoo.com> wrote:
Do you have any suggestions on how to approach this matter? If my neighbor
and I agree that we or just I should hire a tree service to take down the
trees, what more do we need to make our agree clear? If it turns out that
the trees are on my neighbor's property, and my neighbor does not want to
cooperate with having them taken down, what recourse do I have, since they
are still a danger to my home and my family?
If you two agree on a solution, then one of you calls a tree service
and get it done. No need for anything fancy or any legal document.
If you cannot agree, you still have the right to remove the part of
the tree that is over your property.
-john-
--
======================================================================
John A. Weeks III 612-720-2854 john@johnweeks.com
Newave Communications http://www.johnweeks.com
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In article <gajkt3tkeumkathrbf70o6k453v00rs5tv@4ax.com>,
"David L. Martel" <marte005@earthlink.net> wrote:
Orrie,
You have a couple of "sick" trees that are on the property line. You plan
to propose to your neighbor that these trees be taken down. While you hope
that he will pick up half the cost you are agreeable to paying all of the
cost. You ask for advice.
You seem to be approaching this problem well. I'm surprised that you have
not hired an arborist to look at the trees and give you an estimate of a
fix. You make it sound as if the only fix is taking down the trees. I think
it will help you to have some real cost estimates when you speak with your
neighbor. I also think that having more than one option ( $4000 to fix the
trees or $1000 to take them down) will make your neighbor more cooperative.
Tree laws is local law so it's impossible for us to tell yiou what your
options are if this becomes a dispute. I'd procede as you are doing and only
get legal advice if you and your neighbor can't agree.
Good luck,
Dave M.
Hint; Nolo Press does have a book "Neighbor Law" . Trees are a common
problem.
--
when you believe the only tool you have is a hammer.
problems tend to look like nails.
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If you cannot agree, you still have the right to remove the part of
the tree that is over your property.
Well, maybe and maybe not. As previous posters have said, tree law varies
quite a bit from place to place. The best thing to do is get along; if you
can't, then you really need to consult a local lawyer familiar with LOCAL
law on boundary trees.
--
John D. Goulden
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