neighbor dispute: encroaching tree in state of Colorado (Denver: lawyer, home)

[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.

[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.

[sesamekid]

I feel like I am up against a big bully because my neighbor isn't actually a person - it's a corporation! Seriously, it is a business and the owner of the business is threatening to sue me for the cost of having the trees limbed up or removed.

I told him to go ahead and trim all the bushes, but be careful not to kill the big old tree. He said if he damages it, he is not liable to pay us damages.

He has a fleet of vehicles parked right up against the property line and all the trees and shrubs provide a very nice privacy fence and add tremendous shade & value to our property. If they are damaged from his limbing, and die as a result - I fear it will significantly impact our property value. (I mean, who wants to look out at a parking lot???)

I don't want his vehicles damaged from the tree limbs - and I think that is what he is getting at - but I also want to maintain the integrity of our historical property.

So my idea of compromise is to go ahead and let him do the limbing up to my property line, but he has to pay for it. He is arguing that we should pay for half, but the way I see it, it is going to negatively impact our property value and we will have to put up a privacy fence, so that is the expense we will have to absorb.

Thoughts?

What a pickle!

[Idunn]

Yes, think of the tree first.

Chances are that tree was there long before either you or your neighbor. With any luck, long after.

It would like to have all its limbs intact, thank you very much.

[odie91]

You really got me curious on this one.... post a picture!

[Shuffler]

what kind of tree? if it's an elm, it's not worth keeping

[ryanek9freak]

I'd agree to and get in writing that NEITHER of you will be liable for damages, then just to prove my point, I'd just cut the whole tree down and hope it lands on his row of nicely parked company vehicles. LOL

[sesamekid]

I was told by previous owners that the big tree is a Mulberry but it is so freakin' huge, it doesn't seem possible that it is a mulberry tree!

But we also have lilac bushes and some small elms & maples along the fence.

[Idunn]

Does this tree have fruit which falls off to stain sidewalks, etc.?

A possible indication of a Mulberry tree. As naturally the case, there are a variety of Mulberry tree types, with some growing 80 feet in height.

Here are two sources on Mulberry trees. That of Colorado State University has further references, and if someone at a local nursery cannot answer your question in identification, surely someone at CSU could:

Growing Mulberry Trees | Home & Garden Ideas

Colorado State University Extension - The World of Mulberries (http://www.ext.colostate.edu/pubs/columngw/gr080503.html - broken link)

[Safecracker]

I am sorry I dont have much to add to this other then to say, if it were me I would make sure to take plenty of pictures of both sides of the property line and tree/shrubs now before anything is done...just in case you need some proof down the road to show damage on his part.

Also I spent 21 years working for the University of Denver, and I know they "used" to have a FREE hotline that anyone could call to get advice from students at the Sturm College of Law, might be worth checking into, I am not sure if they still have it or not, but they did when I retired 4 years ago.