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Old 09-13-2012, 03:00 AM
 
Location: Closer than you think !
445 posts, read 1,599,910 times
Reputation: 343

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Quote:
Originally Posted by elacklen View Post
Last night we decided to keep the peace, pay for the tree trimming and chalk it up to home ownership, at least our house would be safe now and that was the important thing. But here's the kicker: Our tenant called to tell us that the neighbor had a tree trimmer out there today, trimming all their trees EXCEPT for the one in question. Our tenant talked to the neighbor and he stated it's our responsibility to have those branches trimmed. So yes, someone got to him and spooked him. Fine. But today's actions really rubbed us the wrong way, because there's an obvious cost increase for us to hire a new guy versus piggybacking on someone already there. So, an F you very much from the neighbor. Gotta love it!
That truly sucks...
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Old 09-13-2012, 07:01 AM
 
16,235 posts, read 25,075,722 times
Reputation: 27047
Quote:
Originally Posted by elacklen View Post
Last night we decided to keep the peace, pay for the tree trimming and chalk it up to home ownership, at least our house would be safe now and that was the important thing. But here's the kicker: Our tenant called to tell us that the neighbor had a tree trimmer out there today, trimming all their trees EXCEPT for the one in question. Our tenant talked to the neighbor and he stated it's our responsibility to have those branches trimmed. So yes, someone got to him and spooked him. Fine. But today's actions really rubbed us the wrong way, because there's an obvious cost increase for us to hire a new guy versus piggybacking on someone already there. So, an F you very much from the neighbor. Gotta love it!
Wow, what a crappy neighbor. Guess he figures w/ you renting your place out you can write off expenses like that.
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Old 09-13-2012, 07:11 AM
 
Location: Bradford MA
76 posts, read 209,588 times
Reputation: 139
That is a very interesting question. I would say that if portions of his tree fall on your house and cause damage he will be liable for the damage. I am willing to bet the issue here is the cost associated with trimming the trees. When he looked into it I am willing to bet cost, not liability, was the overiding concern. Talk to him again and get a second cost estimate, or appeal to his sense of reason that an ounce of prevention is worth a pound of cure. Just the leagal costs of defending a small claims case can be high. Good luck. What you could also do is contact the local building inspector if he refuses all reasonable requests, and see if he is in violation of a Municipal ordance. Perhaps they can fine him or force him to trim. I would not do that to my neighbor unless it was a last resort and all reasonable efforts to remedy the matter have failed. Sometimes you have to do what you have to do. He is the one that is forcing your hand.
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Old 09-13-2012, 07:46 AM
 
Location: New Market, MD
2,573 posts, read 3,481,660 times
Reputation: 3259
Hey if he hires trimmer and your property is damaged you'll be the one suing him - just think about that. It happens all the time.
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Old 09-13-2012, 08:15 AM
 
Location: Myrtle Beach
3,381 posts, read 9,081,688 times
Reputation: 2943
That stinks. Awww well, what can you do? Time to move on.
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Old 09-13-2012, 08:18 AM
 
Location: N. Raleigh
735 posts, read 1,578,532 times
Reputation: 1213
Quote:
Originally Posted by elacklen View Post
Last night we decided to keep the peace, pay for the tree trimming and chalk it up to home ownership, at least our house would be safe now and that was the important thing. But here's the kicker: Our tenant called to tell us that the neighbor had a tree trimmer out there today, trimming all their trees EXCEPT for the one in question. Our tenant talked to the neighbor and he stated it's our responsibility to have those branches trimmed. So yes, someone got to him and spooked him. Fine. But today's actions really rubbed us the wrong way, because there's an obvious cost increase for us to hire a new guy versus piggybacking on someone already there. So, an F you very much from the neighbor. Gotta love it!
Just pay up and be done with it. What he does with his property is his business and what you do with yours, well, is your business. Trim those branches and forget about the issue. Life is too short to get upset over what your neighbor does on his private property or what he refuses to share with you.
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Old 09-13-2012, 08:55 AM
 
2,728 posts, read 5,342,028 times
Reputation: 1785
Quote:
Originally Posted by elacklen View Post
Hi,
Our tenants mentioned branches were scraping the roof from the neighbor's pine tree. Since it's near the chimney, I called the neighbors about getting them trimmed. I was willing to share some of the cost if it came to that, but when I called and inquired about it, the neighbor was kind and gracious and said he'd take care of it, and he'd get someone out in the next few days.
Today he has done an abrupt about-face. He said he is worried about legal responsibility if our home is damaged when the man cuts the trees. The trees are on his property but since they're pines a lot of the branches go over the fence into our property.
They're nice neighbors and I don't know the reasoning behind this change. The branches in question are quite high, so we can't do it ourselves, I'm sure it will be a considerable expense to get someone out to cut them.
I know I'm ALLOWED to cut the trees since they're on my property, but who is REQUIRED to do it? Just want to get my facts straight before we talk again. We live in Virginia Beach.
Thanks!
Trees are kind of a weird deal in this regard. In most municipalities, what's on your property is your responsibility and liability, even though its roots and trunk might be on your neighbor's property.

Check your local codes, and talk to your insurance company. But do your very best to be cooperative with your neighbors. Good neighbors are awesome, bad neighbors are a nightmare.
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