Neighbour's tree question

[HoneySuckle]

I am sure some of you have had to deal with your neighbours and their trees, so I am hoping for some advice on how to go about dealing with a neighbour who seems to think trees should grow however they want!

We have been living next to this person for about 15 years, and during this time, her badly maintained tree has grown taller, wilder and has been hanging over my fence (three branches), and also brushes the roof of my house. 

Every year I go over to this woman (retired), and tell her very nicely that the storms will be coming soon and the constant brushing of the tree branches on my roof tends to wake us up.  She would always say she needs to cut it back, and after some weeks, get her now two grown daughters who both have good jobs, to get up on a ladder and try to cut back a bit of the branches.  This tree is now at least 20 ft so they do a very poor job of simply removing some leaves and a few twigs.

We put a new roof in two years ago and it irks me to hear the damn tree grating against my new roof.  This past week when we had high winds, I thought her tree would crash into my house as the branches slammed against the house.

To give you and idea of the nutcase I am dealing with, let me tell you that since the big snow storm of three years ago, when all those trees came down from the heavy ice on them, one of her branches broke and is being held by a thread almost.  I asked her if she was going to cut it down and she said she hoped it would grow back!  I must take some pics to show how unkempt this treee is . 

My insurance agent told me to tell her again and even better, write her a letter stating that I have asked in the past, and the tree has never had a professional prune it, and that I would like her to do this before we have another big storm and the tree falls on my fence or my bedroom window!

We are not friends, but we have been cordial with each other over the years.  What to do?  Would this cause more problems if I wrote a letter?  The thing is though that a letter and pictures of the tree will prove that I have attempted to ask
her to do something about it and show that she has never really done anything to keep her tree on her sde of the yard!

The tree is extremely close to her house and actually looks like 5 trees that have grown together with three leaning toward my house,.

[TheTed]

We are not friends, but we have been cordial with each other over the years.  What to do?  Would this cause more problems if I wrote a letter? 

Wait 'til after the Stanley Cup is over to write a letter, then if that doesn't work pen another letter after Canada Day (s-oh-rry, but your spelling amused me). If nothing else, send some Timbits with your letter.

[In2neon]

Greetings.... I checked into this once before and was surprised at what I found....
Before you call her a nutcase, go Google "tree law" or "tree laws" and read on....
I had a healthy tree on the property line (my side) fall towards my neighbors house not on it, in a 100 mph wind.  My neighbor called me frantically demanding what I was going to do about it, so I called my insurance agent to inquire about my liability if I go onto their property to remove a tree hanging over their house and what if their house is damaged by my tree man and to my surprize he said I had no obligation to do anything and in fact if the neighbor did not do anything to prevent impending damage to their home their insurance could deny their claim , if any...   However to bring peace, I could offer to split the costs if I so desired...   I was so surprised at this,  I Googled tree law and its variations of the term, and found out this has been fought out for eons... Basically it is this:  If the tree is healthy (which mine was) and it falls on your neighbors house, by as the insurance biz calls "an act of God," you have no liability for damages, since you did not cause the wind etc... If the tree is diseased or dead and not dealt with in a reasonable time, the tree owner is liable for damages..  Also if you as a property owner discover a tree that has branches growing over your property, you can cut them off even w/ the property line.... in essance your property goes up from your property line as well i.e. the airspace if you will...
My neighbor was so rude and demanding without knowing the facts I ignored them til we moved the next month or so... they removed the tree and even asked my son "do you think your dad should take care of the tree threatening our house?"  They were so sure I was at fault and were not even asking, just demanding...
IMHO Your ins co. is incorrect in telling you to demand anything of your neighbor and you can trim the branches even with the property line...

[nathanm]

In many states, whatever part of the tree is on your side of the fence is yours to cut, so long as you don't kill it. Generally, it is recommended you have a professional trim it so that it would be more difficult for the neighbor to get a judgment against you should the tree end up dying after you have it trimmed. One can hardly be called negligent if they have a certified arborist do the tree trimming, after all.

[In2neon]

In many states, whatever part of the tree is on your side of the fence is yours to cut, so long as you don't kill it. Generally, it is recommended you have a professional trim it so that it would be more difficult for the neighbor to get a judgment against you should the tree end up dying after you have it trimmed. One can hardly be called negligent if they have a certified arborist do the tree trimming, after all.

Good intentions, fersure, and it is always better to settle things neighborly.... But, I would go so far as to say the fate of the tree is not an issue except to be neighborly or if the law specifically addresses it...  In our litigous society of legal technicalities,  where do you draw the lines of what is too large to cut?  What if you have small branches cut and introduce disease to the tree and kill it?   Or if the tree originates on your neighbors side, and goes up say, 10 feet and is 18 inches in diameter, and past 10 ft high the tree leans over your property and goes up 40 - 50 ft, leaning over your house, must you always be encroached upon by, and have this thing threatening your safety because of the presumed fate of the tree should you decide to cut it even with the property line..
Also check your property line specifically, since most fences belong to one neighbor or the other and may be on one side or the other of the line...

[nathanm]

Also check your property line specifically, since most fences belong to one neighbor or the other and may be on one side or the other of the line...

Yeah, I should have specifically stated "property line" instead of saying "fence." Killing the tree can be a tort. They have value, but the part that overhangs your property is often yours.

Much of what is stated in this pdf probably applies to Oklahoma as well as Tennessee.

[TheArtist]

Yea, from what I always heard. The part of the tree that goes over your property line is yours, not the neighbors.  If its over your roof, thats your responsibility to cut off. Say part of the tree was over your driveway and a branch fell off and hit your car and damaged it.  That would have been your own fault for not trimming the tree over your property.

[HoneySuckle]

Wait 'til after the Stanley Cup is over to write a letter, then if that doesn't work pen another letter after Canada Day (s-oh-rry, but your spelling amused me). If nothing else, send some Timbits with your letter.

Why should it amuse you?  It's the way many in Europe/Canada etc., spell

[HoneySuckle]

According to what I read online, some say that if the tree was not taken care of over the years i.e. been pruned professionally etc., my neighbour might be liable.  I won't say it is the healthiest looking tree.

I also read that if the roots are coming toward my property (near our driveway and patio), I have to advise her that we plan to remove said roots that's on our side.  The part that hangs over my fence shows that a great portion of it is on her side, except for the part that's hanging over.  The part that's on my house is tricky.  I am thinking that I should go ahead and write this letter as "proof" that I had talked to her before, and also I have pictures of the tree that would show it was not taken care of and left to go au natural.  If she refuses, then at least I had let her know what's going on so if we end up having to pay for those parts to be removed, she won't (hopefully) be able to say we are wrong?

This is most annoying.  No one should have trees so close to a house that also annoys their neighbours.  I read too that one could call the city to find out if this could be a hazard?  But that might be in other states.

[Red Arrow]

Why should it amuse you?  It's the way many in Europe/Canada etc., spell

I am curious, are you originally from Europe/Canada?

[Conan71]

Call a tree trimmer and pay to have it trimmed up. If she gets upset, tell her you've repeatedly asked for this and she's not done anything you need to protect your roof. When I bought my house last year there was a huge dead limb and some smaller ones hanging in my neighbor's elm tree. I asked if he intended to get the tree trimmed he never would do it so I had my tree guy take care of it on my nickel. Beat the heck out of worrying if those branches were going to punch a hole in my roof or fall on myself or my dog. A few hundred bucks was worth my piece of mind. And yes these were limbs hanging over on my property from his tree.

[waterboy]

We have faced this problem before. Living in the city its unavoidable. Many people don't understand that landscaping, including trees, needs to be attended to just like painting your house or paving your driveway. And, its expensive to have trees pruned.

Here are some of my observations:

-Trim the area over your property if it needs it. It sets the tone. You are responsible for your own property and intend to keep it up.

-Let the neighbor know that your insurance man is concerned about the overhang on your roof and may possibly exclude any damage it causes from your policy.

-Property values are increased with trees on site. Treed lots and well landscaped homes sell faster too. People may actually sue for the decrease in value of their properties when a tree is damaged or destroyed by anothers actions. So you must be careful in the pruning or treatment of the tree.

Understand that your neighbor is not charging you for the shade her tree produces (which decreases your utility bill), the enhancement to your property value, its potential as a wind break and its entertainment value for attracting birds, tree frogs and squirrels.

Good luck.

[rwarn17588]

Call a tree trimmer and pay to have it trimmed up. If she gets upset, tell her you've repeatedly asked for this and she's not done anything you need to protect your roof. When I bought my house last year there was a huge dead limb and some smaller ones hanging in my neighbor's elm tree. I asked if he intended to get the tree trimmed he never would do it so I had my tree guy take care of it on my nickel. Beat the heck out of worrying if those branches were going to punch a hole in my roof or fall on myself or my dog. A few hundred bucks was worth my piece of mind. And yes these were limbs hanging over on my property from his tree.

That's exactly what I did with my neighbor. He'd do it himself, but he's old and has been quite sick in the past few years. He was in no condition to take care of a problem tree. So we took care of it ourselves.

He does some favors for us, and we do some favors for him. We're not keeping score, and we're content with that.

[HoneySuckle]

I am curious, are you originally from Europe/Canada?

I am of European descent.  Not born in this country, but I am a naturalised citizen.  Just cannot give up my way of spelling

[HoneySuckle]

Call a tree trimmer and pay to have it trimmed up. If she gets upset, tell her you've repeatedly asked for this and she's not done anything you need to protect your roof. When I bought my house last year there was a huge dead limb and some smaller ones hanging in my neighbor's elm tree. I asked if he intended to get the tree trimmed he never would do it so I had my tree guy take care of it on my nickel. Beat the heck out of worrying if those branches were going to punch a hole in my roof or fall on myself or my dog. A few hundred bucks was worth my piece of mind. And yes these were limbs hanging over on my property from his tree.

Can I also dig up all the roots that are coming toward my patio and walkway?  They have caused the grass to die, and the soil is eroded now.  I wonder if I can dig the roots up without having to ask her permission?