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Old 07-24-2009, 01:53 PM
 
78 posts, read 252,799 times
Reputation: 40

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We have a number of trees at the back of our property, some of which have branches that hang over the neighbor's house behind us. Are we responsible for pruning back the branches that hang over onto their property? If there are any dead or broken branches, is that our responsibility?

These neighbors put up a stockade fence many years before we lived here. The fence is now falling over and leaning onto our property. I'm assuming they are responsible for maintaining the fence...is that correct? The neighbor more or less has the attitude of not wanting to bother with fixing the fence, he's content just letting it fall down. With young children in the backyard, I'm not happy with that. What are my options? Can I pick up and throw out the pieces of fencing that fall?
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Old 07-24-2009, 01:58 PM
 
4,533 posts, read 8,337,620 times
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Quote:
Originally Posted by ShellieF View Post
We have a number of trees at the back of our property, some of which have branches that hang over the neighbor's house behind us. Are we responsible for pruning back the branches that hang over onto their property? If there are any dead or broken branches, is that our responsibility?

These neighbors put up a stockade fence many years before we lived here. The fence is now falling over and leaning onto our property. I'm assuming they are responsible for maintaining the fence...is that correct? The neighbor more or less has the attitude of not wanting to bother with fixing the fence, he's content just letting it fall down. With young children in the backyard, I'm not happy with that. What are my options? Can I pick up and throw out the pieces of fencing that fall?
Basically if one of your branches goes over the fence, your neighbor has every right to trim that branch up to the point of the property line.

Regarding the fence, if the fence is on their side of the line, it is their responsibility. If the fence is on your side of the line but they put it up, then you would need to talk to them about fixing it. If they refuse and the fence is on your property line, then I think you have the right to do what you want with it.

If the fence is on their side but falling on your side, you have every right to pick it up and throw it on their side (don't pick it up and throw it out for them, that is what they want). Since it sounds like they don't want to do anything, just throw it on their side and then put up a fence on your side if you want. Getting them to fix it sounds like its going to be harder than getting a 2 year old to sit still.
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Old 07-24-2009, 02:40 PM
 
1,815 posts, read 5,399,058 times
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TheBobs is right on this.

Do you think the neighbors reluctance to do anything about it is due to laziness, financial issues, or just plain spite? Each one has their own resolution. If it's just lazy or finanical issues, you can probably get them to agree to allow you to take the fence down and install a brand new one at your expense. If it's just spite, well, them there's a whole new can of worms!

If you want your back yard fenced for your children, you're going to have to put up a fence on your side of the property. It will also shield your view of the dilapidated fence.
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Old 07-24-2009, 04:04 PM
 
15 posts, read 63,263 times
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Suffolk County has started allowing the use of dynamite in property-line and fenceline disputes. You don't even need a permit. Let us know how it turns out.
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Old 07-24-2009, 06:17 PM
 
78 posts, read 252,799 times
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Kind of you all to reply. Thanks.

My other neighbors and I have an understanding with the trees. We trim and take care of anything on or overhanging our respective properties. It's a good situation.

It's the situation from this afternoon with back neighbor that is bugging me. I was in the yard with the kids and suddenly see a large branch fly over our fence. I yelled out to my son, and the neighbor yells back something like-your tree, your branch, your problem. I guess the branch blew down durning yesterday's rainstorms?

It would seem odd to trim our trees from his yard...I have a feeling this is not a very neighborly neighbor. I'll do my best to keep my trees neat from my side of the fence.

As I was there fuming to myself, I started poking around our shared fence and saw that it was leaning and falling apart more than I realized. I'm going to look into finding our exact property line and putting up my own fencing.

Either that, or I'll take the new TNT option...
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Old 07-24-2009, 10:01 PM
 
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Regarding the original question about a branch of your tree over your neighbor's property - Are YOU responsible for the branch of the tree rooted on your property falling and damaging his home or property? If so, wouldn't you have the right to have access to his property to cut it down before it falls?
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Old 09-09-2010, 10:05 AM
 
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I have a tree thats on the property line. a fence runs through it. Half the tree ( neighbor's side) fell and did some damage to his house am i responsible for paying for damages and removal of the tree.
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Old 09-09-2010, 10:35 AM
 
Location: Smithtown, NY
1,725 posts, read 4,035,307 times
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Quote:
Originally Posted by ShellieF View Post
Kind of you all to reply. Thanks.

My other neighbors and I have an understanding with the trees. We trim and take care of anything on or overhanging our respective properties. It's a good situation.

It's the situation from this afternoon with back neighbor that is bugging me. I was in the yard with the kids and suddenly see a large branch fly over our fence. I yelled out to my son, and the neighbor yells back something like-your tree, your branch, your problem. I guess the branch blew down durning yesterday's rainstorms?

It would seem odd to trim our trees from his yard...I have a feeling this is not a very neighborly neighbor. I'll do my best to keep my trees neat from my side of the fence.

As I was there fuming to myself, I started poking around our shared fence and saw that it was leaning and falling apart more than I realized. I'm going to look into finding our exact property line and putting up my own fencing.

Either that, or I'll take the new TNT option...
Your neighbor sounds like a real gem. I would trim back the branches just so he can't make an allegation that your branches caused any damage to his property, particularly the fence.
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Old 09-09-2010, 10:53 AM
 
886 posts, read 2,646,156 times
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Buy a fence and let your neighbor worry about tree.It sounds as if you are stressing over something he could careless about.No,you are not responsible for the branches.
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Old 09-09-2010, 12:06 PM
 
78 posts, read 252,799 times
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Thanks again for all of the replies and advice! This all occurred about two months ago and since then neighbor has proven to be a "gem". If any branches from our tree (which hangs a bit over his property) blow or fall onto his lawn, he throws them over the fence to my yard. Why he'd put all of that effort into returning my branches to me is beyond my imagination...it would be much easier for him to just bundle them up and throw them away... Kinda petty, but I'm not up to a game of toss-the-branch-over-the-fence so I pick them up. I did let him know that my children play in the yard and I will not take lightly if one of his heaved branches hits them.

His stockade fence is falling onto all of the neighbors' yards that he shares borders with. A few weeks ago, I managed to push his fence up and over so that it is now falling onto his yard. I then had my own fence put up!

I take a lot of pride in my property and a lot of pride in being a good neighbor. It's aggravating when someone does not do the same!
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