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First of all I would call your local city/county services and see what they say regarding this situation about cutting the trees for your area and resposibilities. They may have special regulations for that situation and your city.
Several ways to go here. If the neighbor is worried about liability tell him that you'll get a licensed bonded insured tree service company and have them cut the branches correctly and that you'll accept all legal liabilities (damages, injuries) for that service if he'll pay for the trimming work done. If the tree service screws up the responsibility falls upon them.
Secondly you can arrange to have this service done then just bill the neighbor (might have to go to small claims court to collect)
The general or universal law across the country (some local regulations may differ slightly) is that if the tree on your neighbors side poses any danger to your property or damages it he is responsible. If you can't get him to do the trimming then you have the right to cut the limbs back to the property line without killing the tree. If you cut it back and the tree falls on his side later on that is his responsibility because he caused the problem initially by having the tree in the wrong spot.
If all else fails and any serious issues arise then you may want to contact a lawyer, letting the neighbor know that and that he would be responsible for all costs involved.
JMHO
2) This law is great when you have a large tree with lots of branches hanging on your side that is causing too much shade. You can cut every single branch hanging over on your side as high as you want to go. No neighbor permission required.
Too much shade?!?!?! Not possible!
My neighbor always thought he was doing us a favor by cutting down back trees near the property line that were close to the electric wires running from the street towards our house. Meanwhile, those trees provided important shade for a patio that is on the far side of our property (away from the house). We couldn't use the patio in the evenings for years because the sun beat down. We couldn't plant our own trees because there isn't much space between the patio at the property line. The only other solution was to relocate the patio further into our yard and plant trees. FINALLY, the trees have regrown far enough that we have shade again. The house changed owners last year, and I'm happy to learn that this new owner isn't much into yard work so it's very unlikely he'll be chopping at our shade.
Quote:
Originally Posted by TrapperL
How about this, call the neighbor and tell him you appreciate his concern so why don't WE hire a guy to trim it. That way you hired the guy with him. He can't complain if the tree dies and you can't complain if someone gets hurt doing the trimming. Sounds like a win-win to me.
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!
If you want them cut you should have them cut. Your neighbor is not required to have to have them cut.
In my instance this is possible. The darn oak is on my neighbors property South of my fence. The tree block the sun to my pool until early afternoon. Reducing the amount of sun my pool gets reduces my swimming season. Not to mention, the pollen, leaves, twigs and squirrels falling onto my enclosure and pool deck making it an absolute mess.
I have a covered patio that faces the right way, so I don't have to worry about the sun beating down on me if I don't want it to.
I need to get a tree service out here to trim it up... it is going to be $$$$$.
The neighbor sounds like a decent guy who wants to work with you and fix the (your) problem, but he got a bit spooked by liability issues. Understandable. Maintaining a good relationship with this neighbor has a huge value, and you did say that you can afford to pay for all the work yourself. I would get two or three tree companies out, get some quotes, and maybe even have the neighbor there too when they come so you all can talk to the tree guys together, make a decision on what needs to be done, and choose a company. You say you're going to pay for the whole thing. If he speaks up and offers to split it, wonderful, let him. If says nothing and allows you to pay...whatever. Not totally unreasonable, and maintaining a good relationship is certanbly worth a few hundred dollars. This would be my plan. Good luck.
The neighbor sounds like a decent guy who wants to work with you and fix the (your) problem, but he got a bit spooked by liability issues. Understandable. Maintaining a good relationship with this neighbor has a huge value, and you did say that you can afford to pay for all the work yourself. I would get two or three tree companies out, get some quotes, and maybe even have the neighbor there too when they come so you all can talk to the tree guys together, make a decision on what needs to be done, and choose a company. You say you're going to pay for the whole thing. If he speaks up and offers to split it, wonderful, let him. If says nothing and allows you to pay...whatever. Not totally unreasonable, and maintaining a good relationship is certanbly worth a few hundred dollars. This would be my plan. Good luck.
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!
Tell him you'll heire the trimmers, and he can pay the bill. Make sure he understands that can be "Pay w/ or w/out court costs and fees" Seriously, it is his tree, his to pay for. If you hire the person it may relieve the neighbor of the worries he expressed. Good luck
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!
First of all I would call your local city/county services and see what they say regarding this situation about cutting the trees for your area and resposibilities. They may have special regulations for that situation and your city.
Several ways to go here. If the neighbor is worried about liability tell him that you'll get a licensed bonded insured tree service company and have them cut the branches correctly and that you'll accept all legal liabilities (damages, injuries) for that service if he'll pay for the trimming work done. If the tree service screws up the responsibility falls upon them.
Secondly you can arrange to have this service done then just bill the neighbor (might have to go to small claims court to collect)
The general or universal law across the country (some local regulations may differ slightly) is that if the tree on your neighbors side poses any danger to your property or damages it he is responsible. If you can't get him to do the trimming then you have the right to cut the limbs back to the property line without killing the tree. If you cut it back and the tree falls on his side later on that is his responsibility because he caused the problem initially by having the tree in the wrong spot.
If all else fails and any serious issues arise then you may want to contact a lawyer, letting the neighbor know that and that he would be responsible for all costs involved.
JMHO
I just spoke with a tree service today If you mention their name around here, everyone knows the name... I do not have to ask if they have insurance, I do not have to worry about them doing a great job, I do not even think I would have to pay more than if I hired "3 Phukks wit Da Truck".. If you have to go with the lowest bid - Please ask if they are licensed, bonded and insured - then get the name of the companies doing the bonding and insurance and CALL them The manager of an apartment complex near here asked the guy if he was insured, of course the answer was yes. Damaged occurred and you guessed it - he was not insured Then the fun crap started
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