neighbor dispute: encroaching tree in state of Colorado (Denver: power lines, renting)

[skibarbie]

I would suck it up and offer to pay half. Most tree services offer free estimates so get a few. Even though it is a business, it is still a neighbor and as you said, do you really want to look at his parking lot? Extend an Olive branch-pun intended-, offer to pay half and sleep better knowing that you saved your trees and bushes...

[sesamekid]

Originally Posted by skibarbie

I would suck it up and offer to pay half. Most tree services offer free estimates so get a few. Even though it is a business, it is still a neighbor and as you said, do you really want to look at his parking lot? Extend an Olive branch-pun intended-, offer to pay half and sleep better knowing that you saved your trees and bushes...

I don't want to be involved in any way of the destruction of the trees so I'm not going to volunteer or agree to pay for it. If I paid half to have the trees limbed up, that may well kill them and it would be like me consenting to it! I am not going to pay to murder the poor, peaceful trees. From my perspective, it would not only decrease my property value, but it would be a crying shame to kill the greenery. Most of the trees have been around long before I have been, or even the business next door.
To me, it's not about property ownership, it's about being a good steward of the natural land and the historic district in which I live.

It's not like I planted the trees or purposely trained them to encroach on said nieghbor's property. The big tree that is the main "nuisance" has got to be over 100 years old. It was there loooong before the parking lot.

I should also mention that the guy's parking lot is over 9000 square feet and he just happens to park his vehicles in the one corner of the lot where my trees are reaching over the fence enough to touch the tops of his vans.

[Shuffler]

typically, trimming trees is beneficial when done properly...if you're against working with this person to cover half the cost, then don't be surprised if they hire some hack to do it...

"Suppose a tree trunk stands completely on one person's land, the
branches project over another person's land, and the tree roots
extends into the soil of another...the other property owner may cut
the branches and remove them if they are a nuisance...The adjacent
owner is regarded simply as tolerating a nuisance. In addition, the
mere existence of a nuisance for any length of time will not allow to
create a perspective right. The adjoining owner may cut off the
projected branches if they're a nuisance."

[sesamekid]

Originally Posted by Shuffler

typically, trimming trees is beneficial when done properly...if you're against working with this person to cover half the cost, then don't be surprised if they hire some hack to do it...

"Suppose a tree trunk stands completely on one person's land, the
branches project over another person's land, and the tree roots
extends into the soil of another...the other property owner may cut
the branches and remove them if they are a nuisance...The adjacent
owner is regarded simply as tolerating a nuisance. In addition, the
mere existence of a nuisance for any length of time will not allow to
create a perspective right. The adjoining owner may cut off the
projected branches if they're a nuisance."

No doubt!
I was wondering where you are quoting from above?

[xeric]

Originally Posted by Idunn

Were you me, I'd keep the tree and get rid of the neighbor.

Although that may be something of a challenge. Instead of a lawyer first, you might try relevant local authorities. Some towns are quite particular about their trees, and if you happen to live in one there should be some department, someone who is knowledgeable in such things.

You've also raised an interesting angle with this tree being in a historic district. That designation probably applies more to structures than anything living, but is certainly worth looking into.

At minimum I would look into an immediate injunction against that neighbor doing anything to this tree, as in anything happens to it they head off to jail. That might require a lawyer, but perhaps a local authority could help in this.

Trees can and do block sunlight, etc., but chances are this tree was there long before your neighbor ever was, and with far more reason and right to remain. If they do not like such things, then better off in some place such as the Atacama desert. If talking to your neighbor, you can tell them I said so.

Well I could say that if you want to live in a place where trees are legally untouchable, you probably should live in a forested national park and not a city. Being that this is Colorado, this tree probably wouldn't even be there without human intervention. In my opinion, the neighbor has the right to trim any part of your tree that crosses onto his property line, but he should pay for it. (But I'm not a lawyer.)

[Shuffler]

Originally Posted by sesamekid

No doubt!
I was wondering where you are quoting from above?

lawyer friend dug it up from somewhere for me...since I have the same issue with a neighbor of mine with crap elms that hang over my property...I took the high road and offered to split the cost in having a professional come in and thin them out and haul the debris away

i hate elm trees.

[Idunn]

There are any number of formerly green, healthy and live trees in Rocky Mountain National Park that are now dead and cut into piles by the side of the road courtesy of Vaughn Baker and the NPS. So I wouldn't necessarily look to the National Park Service or other federal agencies as examples of model stewards of the land. Not when it comes to the welfare of trees.

As for trees in the wild, most of them are perfectly happy to exist sans any 'trimming' or interference from mankind. In some select instances they might even benefit from the attentions of a proper arborist, but most of what they receive from humans could be more accurately defined as abomination.

This particular tree in question, if along the front range, may well owe its existence to some kind soul who planted it years ago. Someone who probably would take a dim view of what is happening now. People have the strangest relationship with trees and other plants. There is a tight symbiosis many take for granted but never fully guess at. Places such as Boulder would not have all their many lovely trees save being specifically planted by others long ago. Most people have an innate sensibility and desire to live near trees. Yet when it comes to a tree's individual treatment they often seem to forget they are dealing with another living being.

[Ponypenny]

If it was me and I cared enough about the tree, I would hire a tree trimming company who has a certified arborist on staff. I would also make sure the people trimming the tree were certified tree trimmers certified by the International Society of Arboriculture. This way the tree would be trimmed properly to satisfy the neighbor without compromising the health and form of the tree.

[sesamekid]

Originally Posted by Ponypenny

If it was me and I cared enough about the tree, I would hire a tree trimming company who has a certified arborist on staff. I would also make sure the people trimming the tree were certified tree trimmers certified by the International Society of Arboriculture. This way the tree would be trimmed properly to satisfy the neighbor without compromising the health and form of the tree.

I live in a small town so I really don't think hiring an expert would be within reason for me. (Assuming they would have to travel from somewhere else and it would be $$$).

But these are all really helpful suggestions.

[Dreaming of Hawaii]

Originally Posted by sesamekid

Hi,

I'm having a little issue with a neighbor who wants me to pay for the trimming of trees that are on my property but are hanging over the fence encroaching on his property.

When I looked up legal precedent for this issue I found that he only has the right to trim the trees back to the property line and cannot damage or kill the trees on my property. He claims that unless I pay for the trimming, he will hack off the tree limbs himself and is not liable for any damage.

His claims don't seem to add up to what I am reading on the internet, but I have not found anything specific to Colorado property law. Before consulting an attorney, I wanted to see if any posters have been in this situation before.

If anyone has any experience in this - please share.

Complicating matters, my property is in a historic district and tree is VERY large and old and it's beauty and history are part of what makes my property value.

So you are willing to pay the money to hire an attorney, rather than paying the money to hire a competent tree trimmer? You are willing to let your neighbor hack off the tree limbs himself, rather than hire a competent tree trimmer who will do the job properly and therefore protect the tree?

True that trees that grow in the wild don't get trimmed, but they are also growing in their native environment. Most of the trees in towns in Colorado have been planted by people and are not in their native environment. So therefore they need our help to stay healthy. Sometimes trimming branches can be beneficial to a tree. I had large old trees in my yard in Denver that I hadn't pruned, and one big wet early September snowstorm brought down a dozen very large limbs.

Sounds like you and your “neighbor” have issues with each other, and perhaps offering to share the cost would be a step towards reconciliation. Your steps to be willing to work with him on this issue could lead to him being more cooperative with you in the future. Or, I guess you could let him hack away at your tree, then take him to court to try to collect damages