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Old 02-27-2015, 10:15 AM
 
28,113 posts, read 24,639,595 times
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Quote:
Originally Posted by joey86 View Post
If your property damages someone else's property, you are held responsible.
I don't think you are responsible for a tree unless you were on notice that it could fall.
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Old 02-27-2015, 10:26 AM
 
2,070 posts, read 1,998,211 times
Reputation: 1424
Quote:
Originally Posted by Nast View Post
We have an absentee homeowner in our neighborhood that owns a decrepit house and he does just enough to keep from being fined by the city. Each time a new owner moves in next door to them, he gives them notification that if they feel that any tree limbs on his property pose a threat to their property, they are free to have them trimmed at the property line. Giving this permission more or less puts the burden back on the neighbor. You can probably do the same and tell them they are free to trim your trees at the property line whenever they encroach on his house. You are under no obligation to pay for it.
If I felt any limb or tree on a neighbor's property was a risk, I'd pay the $50 to have a certified arborist write a letter saying as much and send it to them via registered mail. Not much they can do at that point to avoid being liable, even if they said "deal with it if you think it's a problem"
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Old 02-27-2015, 10:27 AM
 
Location: Johns Creek area
9,555 posts, read 8,616,515 times
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Quote:
Originally Posted by arjay57 View Post
I don't think you are responsible for a tree unless you were on notice that it could fall.
I am pretty sure you are right. A neighbor's tree once fell into our yard. Their insurance company paid to have the bottom part removed from their yard, but wouldn't pay to have the workers chop up and haul off the 2/3 of the tree that was in our yard. My insurance company told us exactly what you posted here.
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Old 02-27-2015, 10:33 AM
bu2
 
8,968 posts, read 5,662,084 times
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Quote:
Originally Posted by AnsleyPark View Post
I am pretty sure you are right. A neighbor's tree once fell into our yard. Their insurance company paid to have the bottom part removed from their yard, but wouldn't pay to have the workers chop up and haul off the 2/3 of the tree that was in our yard. My insurance company told us exactly what you posted here.
I've had that discussion with tree people as well.
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Old 02-27-2015, 10:49 AM
 
28,113 posts, read 24,639,595 times
Reputation: 9528
Quote:
Originally Posted by bu2 View Post
I've had that discussion with tree people as well.
We've had it happen two or three times.

Once you start negotiating with the tree men and figuring in things like deductibles and generally being neighborly, we found it made sense to just strike a deal. If you are living next door to somebody you don't want bad feelings.
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Old 02-27-2015, 11:39 AM
 
1,584 posts, read 1,653,989 times
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Quote:
Originally Posted by Acorrecte View Post
I am pretty sure you are right. A neighbor's tree once fell into our yard. Their insurance company paid to have the bottom part removed from their yard, but wouldn't pay to have the workers chop up and haul off the 2/3 of the tree that was in our yard. My insurance company told us exactly what you posted here.
I stand corrected.
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Old 02-27-2015, 11:14 PM
 
Location: Atlanta
284 posts, read 455,954 times
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I ran afoul of a neighbor a couple yrs ago when my homeowners insurance demanded the huge branches from 100+ yr old oaks overhanging my roof get cut back. Neighbor was ok with that, but thought they'd just get trimmed to the property line. The 3 arborists(city of Atlanta, tree surgeon & 3rd party) said to prevent damage to the tree the branches need to be cut back to the trunks which were a good 15 ft away on my neighbor's property. I had it done as the health of the old trees was important to me but my neighbor was pretty upset.

I agree with the arborists that the huge branches needed to be collared; I feel if I just had the limbs half hacked off & the tree developed rot/died/fell on his house as a result, I would think I would be liable. The previous owners of the neighbor's house had cut some big branches only half off & now they are covered in lichens.

Have any others had to deal with the discrepancy between "trim to property line" vs collaring the cut limb to the trunk even if that means cutting inside your neighbor's property?
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Old 02-28-2015, 08:28 AM
 
1,979 posts, read 1,699,624 times
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Quote:
Originally Posted by Mal93 View Post
I ran afoul of a neighbor a couple yrs ago when my homeowners insurance demanded the huge branches from 100+ yr old oaks overhanging my roof get cut back. Neighbor was ok with that, but thought they'd just get trimmed to the property line. The 3 arborists(city of Atlanta, tree surgeon & 3rd party) said to prevent damage to the tree the branches need to be cut back to the trunks which were a good 15 ft away on my neighbor's property. I had it done as the health of the old trees was important to me but my neighbor was pretty upset.

I agree with the arborists that the huge branches needed to be collared; I feel if I just had the limbs half hacked off & the tree developed rot/died/fell on his house as a result, I would think I would be liable. The previous owners of the neighbor's house had cut some big branches only half off & now they are covered in lichens.

Have any others had to deal with the discrepancy between "trim to property line" vs collaring the cut limb to the trunk even if that means cutting inside your neighbor's property?

No, but as far as I am concerned the health of the tree comes first.
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Old 02-28-2015, 08:47 AM
 
Location: Southeast, where else?
3,914 posts, read 4,008,086 times
Reputation: 5781
Quote:
Originally Posted by eastfacing View Post
Hello everyone ,
So, here is the story . We moved in our house which is 10 years old and has evergreen pine trees in backyard along the fencing. The lot size is small and my sidings of my neighbor's house is quite close due to which if trees foliages starts to touch her sidings after sometime if we don't trim them . It's been just 8 months since we moved and the previous owner had them trim before closing. But after we moved in she could of time tried to indicate me that she don't like these trees and we should cut them down.
she came to our house last thrusday to let us know that they are touching her sidings so we should get them trim and she even gave us a number of her guy for tree services.
We called few of our friends and was tying to get the best quote but actually the weather has been so bad and no body could show up so soon.
Now today she came again and she was warning us that by the end of this week these trees should be trimmed and threatened us that we should trim that immediately otherwise she will call someone and have them trim and have her attorney send us bill.And also if any damage will be posed by our trees she will send us the bill .We did not deny to get the trimming done but since she so rude and bossy I really want to talk to her next time in legal language. Anyone of you aware of georgia laws realted to this issues. Has anyone of you ever faced this kind of situation ?
Thanks
This situation really blows....for your neighbor but, if you want to be mortal enemies, ignore it. The neighbor has the right to cut them back to the fence line no matter how high. At her expense. However, if you want to try and be a good neighbor, call a landscape company and have them trimmed all the way back and keep them that way.

A friend of mine in Port St Lucie has this exact same problem. Her neighbor won't do anything about her trees. I've advised her to consider poisoning the damn things but, knowing her luck, the neighbor would just let them sit there dead. At least no more pruning I guess.

Anyway, she's losing her mind about it but, I don't think there is anything she can do. The neighbor won't respond and appears that she won't do anything to help. I told her to contact the city and see if there is any recourse but, I doubt it. The bigger threat down there is if those root balls start heaving her foundation.

She built this house and it's orth over 400k. If it were me, and I had a neighbor that wouldn't work with me, I'd find a way to eliminate the trees.
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Old 02-28-2015, 11:09 AM
 
Location: Atlanta, GA
674 posts, read 1,015,035 times
Reputation: 527
Technically she is being nice by informing you. It is considered an enroachment on her property and a nuisanse so she could bring court attention if it got to that point. I'd just trim them and call it a day...
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