I'd put in the biggest tree I could afford if I wanted shade. How to Cut Branches from Your Neighbors Tree (4 Steps) 1. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? If you buy a house in the country, you can't complain about the smell of manure. Our ISA certified arborists live and work in your community. If the roots or branches of a shared tree are damaged, then it will be up to both owners to decide how to deal with the issue. We are located in Eastern Massachusetts, in zone 6. In most places it would bebut there may be some places where quirky local zoning laws or restrictive covenants would make it illegal. Jaclyn holds a J.D. If that fails, then it may be necessary to take legal action. I would say that your horse problem is due to runoff..you say you live at the bottom of the hill and the horse is on the top right? Thus, it is important to remember to discuss the maintenance and/or removal of a boundary tree with a neighbor before taking any further action. Storms often cause heavy tree limbs, or sometimes entire trees, to fall onto a neighbor's property and cause major damage or even injuries. LegalMatch Call You Recently? How To Get A Bigger Deck In Wizard101? & It will act as evidence that you informed your neighbor of the danger or nuisance that the tree is creating. Generally complies with your 10 foot requirement. As with most neighbor issues, communicating with your neighbors and anticipating problems early usually eliminates the need for legal action. WebTo be clear, your neighbor just cut down his trees? I am also wondering who owns the land the trees were on. Small leaf trees create less of a visual mess. To avoid conflict with your neighbor, you should plant trees four feet away from the boundary. @gregbradley, I was wondering the same. According to the law, your tree can constitute a nuisance if it interferes with your neighbors property and their right to enjoy it. If this is the case, your neighbor can make you cut your tree in the following ways: If none of these methods work, your neighbor can take you to court, but theyre not allowed to cut the tree themselves. (Good litmus testif someone recommends Austrian pine, he doesn't know your areadisregard everything he says.) The best way to remove a tree is to use a chainsaw or other similar tool. Call a professional arborist or tree removal company to assess the tree. Once you have their blessing you should let the neighbor know that you will have someone clean up the leaves and see if that makes it all better with those neighbors. WebYou may inform your neighbor of your intent to trim any branches of the tree that hang over your property, straight up from the ground in direct correspondence with the property line. Law, About You may not know whether a tree is a potential accident waiting to happensince it may not be visible from your perspective. In some cases, a neighbor's tree may actually block a view of something unpleasantsuch as a garbage collection site or freewayand the cutting down of trees may also cause friction. their problem. It bears repeating: try to move with the current instead of against it. Q: What are some alternatives to removing trees from neighboring properties? There are a lot of ignorant land owners out there. Q: How can I obtain professional help to protect my neighbors tree removal plans? Most conifers that grow well in Eastern Massachusetts aren't great shade trees. You can sue to enforce that right, but you probably won't have to, once you tell your neighbor what the law is. Property Law, Personal Injury Edit: I live in the city limits in a medium town in GA and not in a neighborhood with a HOA. In addition to legal actions, there are other alternatives available if you are trying to stop a neighbor from cutting down trees on their property. Q: How do I have a civil conversation with my neighbor about their tree removal plans? Generally, if a tree trunk sits on both you and your neighbors property, is owned by both of you, and you are both responsible for the tree. Everclear is a very potent, high alcohol content liquor. This method can help provide a rough estimate of the value of the boundary line tree. A: You can contact local authorities such as your local Planning Department or County Extension Office. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. On a side note, if anyone can tell me why I live across the street from a beautiful farm that has dozens of cows and we smell ZERO manure, but one horse (at least I think it's only one) at the top of a hill, and we can smell the manure so strong it might as well have been lifting up it's tail and squirting it thorough the front door. The cost of a consultation is usually about $50 to $100 but typically includes several trees. Have a pruning plan worked out with your neighbor? With a few clicks in our app, youll be able to: We have helped over 300,000 people with their problems. In this era of accelerating climate change, we need big trees more than ever. You would likely be held liable for any damage caused by a poorly maintained tree with dead branches that fall on your neighbor's car. I am really at a loss as to what would be good in this spot. WebYou may inform your neighbor of your intent to trim any branches of the tree that hang over your property, straight up from the ground in direct correspondence with the property line. How Much Did Baddies South Make? That blasted animal loudly neighed 24/7 for at least 2 months. By consulting a qualified arborist, consulting an attorney familiar with environmental law, and building community support through local organizations and meetings with neighbors, individuals can take steps towards protecting their neighborhoods trees before they are removed. There is often some confusion about the rights and responsibilities of neighbors with respect to trees onproperty linesor whose branches extend into another's property. Newly planted shrubs require some special maintenance and attention to ensure they grow healthy roots. She also indicated that there was already a complaint. And it sounds like this may not have even been the neighbor's own lot. Regions and neighborhoods boasting exceptional views, from coastal California to Central Park in New York City, typically have view ordinances in place to protect those views from obstruction. Hire Someone or Carefully Cut the Branches Yourself. Third, if your neighbor doesnt do anything about it, the tree could be considered a nuisance, and you could file a nuisance claim, FindLaw says. Again, reporting said neighbor is anonymous, but does anyone think he won't have a strong suspicion of who did it? In California, trees belong exclusively to the owner of land where the If you both own the tree, any decisions made about the tree should be settled between you and your neighbor. Not all laws are just, but if a law is just, then reporting a violater is also just behavior. We don't know that the lot was owned by the neighbor. On the other hand, you should find out whether your city has any ordinances on removing healthy trees. Unfortunately, American beech and tupelo are hard to transplant and get established. What I would do is start documenting his shenanigans from your side of the property line (in accordance with your state laws on consent for recording), including the damage already done to his own property in case he does cause some damage, it will help your homeowners insurance sue him. An individual may be able to prevent their neighbor from cutting down a shared tree in certain situations. Thanks in advance! DoNotPay Answers This and Other Burning Neighbor Questions, How To Get Rid Of Drug Addict Neighbors Without Drawing Unwanted Attention, Tips on What To Do When the Neighbor's Dog Poops in Your Yard, How To Keep Neighbors From Parking in Front of Your House When They Cross the Line, Neighbor's Barking DogA Letter for Your Peace of Mind. I felt and still feel like their choice to have that animal has ruined, to a degree, the enjoyment of our home. Sit back and relax while we do the work. Was it the neighbor's trees or an unnamed party's trees? If it's your tree that totals your neighbor's car, for example, you certainly aren't to blame for something beyond your control but you still may be held liable. 12 feet or more. You could be opening up a can of worms by taking 2. Homeowners Association (HOA) Law, Intellectual To cut the culms down to ground level, a strong pair of garden shears will be needed. Name 14. Type in Neighbor Complaint in the search bar. The court will likely require proof of that emotional harm, such as medical bills for receiving treatment from a psychiatrist. "What a terrible person you must be, to report a neighbor for doing what he has the right to do, on his own private property that he pays taxes on! How to Cut Branches from Your Neighbors Tree (4 Steps) 1. WebThe right thing to do in this situation is to remove the tree. from Fordham University, majoring in both Journalism and the Classics (Latin). Trees are a common dispute among neighbors. Scan this QR code to download the app now. Disputes between neighbors over shared trees can present complex legal issues. | Last reviewed December 14, 2021. We are planning on planting some arborvitae along the property line between our houses, but I want a shade tree in the back corner of our yard. Hire Someone or Carefully Cut the Branches Yourself. Meeting with a lawyer can help you understand your options and how to best protect your rights. Contact your local environmental consulting team to find out how you can partner with Davey Resource Group on your next project. Most neighbor tree disputes happen because people plant trees too close to property lines. A lot of the conifers people will try to recommend don't last very long in Southeastern Massachusetts for disease reasons. Hire Someone or Carefully Cut the Branches Yourself. In this case, the worlds first robot lawyer swoops in to help! Also , you say there is an empty lot, so his yard doesn't abut yours directly anyway? 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