Neighbour's tree question

[nathanm]

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? 

As long as you don't kill the tree. If the tree grows on the property line, you both own it, BTW. You still can't kill it.

[Red Arrow]

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

No problem.  If I were to go to the UK, I'd have a difficult time adding the "u"s

[In2neon]

Perhaps a legal expert on this forum could assist here in pointing us to a specific Oklahoma statute or city ord. that would address this specifically...
You would not get very far in court saying, "I read somewhere" or "That's what the law is in Tenessee"...
There are too many things left to opinion for me in this issue like, how much is too much to cut off the tree that won't kill it in say 5 years and will I be blamed 10 years down the road when the tree dies because I weakened its ability to fight disease or bugs thus killing it according to the current thinking.... 
And again, what if the tree originates on the neighbors side and 90% of the tree hangs on my side and obviously cutting it to the property line would probably kill it. Is the law specifically saying I have to permit this encroachment becuz it is a common tree?... I am not sure the common tree thing is a part of Oklahoma law, thus irrelevent .... Yes, it might be a good way, in principal,  to peacefully resolve an issue, but sometimes neighbors look out of their house and say "look at my beautiful tree" when from your perspective, "I hate that tree of theirs hanging over my house" so the neighbor with the "beautiful tree" won't be likely to do anything about it on the contrary they will protect it,  thus sometimes these valid arguments have to be mediated by a court of law, so I would want to know what the law says b4 even considering what to do...

[Red Arrow]

If you trim your neighbor's tree that hangs over the property line,  you are responsible to get rid of the debris.  You cannot throw it over the fence like my neighbor did to me.  I got that info from a friend that's a lawyer.

[nathanm]

Perhaps a legal expert on this forum could assist here in pointing us to a specific Oklahoma statute or city ord. that would address this specifically...

Most states don't have specific legislation on the ownership of trees, so common law controls.

[Conan71]

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? 

I'm not an attorney, so don't act on my advice without careful consideration.  I'd say if the roots are disupting and damaging your property, you are within your rights to protect your property from damage.  If the roots are on your side of the fence, dig away.

[sauerkraut]

This is a big topic for me, I don't believe trees should be growing next to a house. Trees belong in parks and in a forest not next to where people live. Trees do alot of damage to homes, they fall over in ice storms, wind storms, attract lightning, tornados, disease, trees attract termites, and trees can do alot of house foundation damage/pipe damage. I believe if a neighbors tree is growing over your yard you have the right to cut off the branchs that are over your yard. I seen some homes mostly in older areas of Tulsa with huge trees growing right next to the house- Yale & Harvard seem to have alot of huge trees around.

[TURobY]

This is a big topic for me, I don't believe trees should be growing next to a house. Trees belong in parks and in a forest not next to where people live. Trees do alot of damage to homes, they fall over in ice storms, wind storms, attract lightning, tornados, disease, trees attract termites, and trees can do alot of house foundation damage/pipe damage. I believe if a neighbors tree is growing over your yard you have the right to cut off the branchs that are over your yard. I seen some homes mostly in older areas of Tulsa with huge trees growing right next to the house- Yale & Harvard seem to have alot of huge trees around.

They attract tornados AND disease?

[waterboy]

This is a big topic for me, I don't believe trees should be growing next to a house. Trees belong in parks and in a forest not next to where people live. Trees do alot of damage to homes, they fall over in ice storms, wind storms, attract lightning, tornados, disease, trees attract termites, and trees can do alot of house foundation damage/pipe damage. I believe if a neighbors tree is growing over your yard you have the right to cut off the branchs that are over your yard. I seen some homes mostly in older areas of Tulsa with huge trees growing right next to the house- Yale & Harvard seem to have alot of huge trees around.

Funniest post I've read in awhile. One would almost suspect you're serious. Why would you live here if you only think trees belong in parks? Go live in OKC for heaven's sake.

[Townsend]

Funniest post I've read in awhile. One would almost suspect you're serious. Why would you live here if you only think trees belong in parks? Go live in OKC for heaven's sake.

I'm really hoping SK is someone's joke.

That's one of the looniest things I've read in a while on here.

[dbacks fan]

This is a big topic for me, I don't believe trees should be growing next to a house. Trees belong in parks and in a forest not next to where people live. Trees do alot of damage to homes, they fall over in ice storms, wind storms, attract lightning, tornados, disease, trees attract termites, and trees can do alot of house foundation damage/pipe damage. I believe if a neighbors tree is growing over your yard you have the right to cut off the branchs that are over your yard. I seen some homes mostly in older areas of Tulsa with huge trees growing right next to the house- Yale & Harvard seem to have alot of huge trees around.

Dang those trees! Next thing you know they will try and trick us by providing shade, and bearing good tasting fruit to make us want more of them around.  

[Red Arrow]

They attract tornados AND disease?

Or maybe diseased tornados.

[heironymouspasparagus]

Waterboy,
Now, you have to know that isn't quite accurate.  OKC has a tree in a yard.  I drove by and saw it one time.  Just off of NW Expressway, almost to the Kirkpatrick turnpike.

[waterboy]

Nah, that one's gone. "Put 'em in a tree museum..."

Strange place OKC. The lack of trees probably increases the severity of the tornadoes there as they are able to pick up momentum. Maybe there were trees there at one time and the tornadoes blew them up the 'pike?

[Vision 2025]

I have been around a great many right of way projects were clearing was required and understand from various legal minds that in Oklahoma tree damage to your roof = your problem as you have the right to trim the property line vertically to protect your property and failure to do so makes the problem yours for a branch falling on your roof.  I understand (there is case law supporting this but have not seen it) that the only way a neighbor is directly liable for your roof damage from their tree is if the entire tree blows over onto your house because then the damage came from their property since a limb falling straight down = your problem because you could have pruned it...