Neighbor Throws Branches Over Fence Billings MT (insurance, houses)

[lilbryck26]

We have three trees non our property next to the fence line. Some branches hang over their yard. Whenever any branch falls off due to wind they throw it over. Some smaller, some larger. Can they do this? Is there anyone we can contact about this? What can we do? They have openly acknowledged to us that they do this. We have caught them doing this. They only do it when they think we are not home.

They have hated us ever since we had a disagreement about the property line. It has since been surveyed and figured out. However, ever since then they have been very rude. When our dogs are out they throw branches over causing our dogs to bark at them. They've hit the fence at our dogs, yelled at our dogs. They've now called animal control complaining of excessive barking. Our dogs do bark at times but when they do, we get them to stop or bring them in. They do not bark all that much. Just when they feel they are threatened, by person or dog. Or in the case of 1 dog if there is a squirrel around. We never let our dogs bark endlessly as we know that is annoying. We leave our dogs in the house when we are not home. Please can someone help us. They are calling animal control at the slightest bark, just because they don't like us. Before this one neighbor, we had never been reported to animal control.

[Sabinerose]

Take pictures of the branches in your yard and the tree hanging over. Get pics of them throwing them in your yard if possible. Then...throw them back over the fence. Take a quick picture of the branches back on their side of the fence. It is possible that you all will throw branches back and forth for quite awhile.

What type of fence do you have between you? If it's not solid, consider building one down the side with those neighbor's. It will help you ignore them and help keep the dogs from barking at them.

Regarding animal control...rest assured that they have heard repeated complains from every wacko there is. Unless you have neighbor's all around that are complaining about your dogs barking...I wouldn't lose any sleep over it. The officer assigned to your case will likely drive by once or twice, see that you are taking care of your dogs, not hear them barking because they are inside the house...and not get excited the next 30 times your neighbor calls. In fact, the officer may give them a heads up that using any kind of emergency response office (animal control included) for petty calls can get them in trouble. My FIL is finishing up his 31st year as an animal control officer back home...I've heard horror stories and yours isn't one of them.

[lilbryck26]

Thank you for your reply. We have a chain link fence between us that belongs to our neighbor that he put up one foot inside of his own property. We plan to get a solid fence for the dogs, we just do not have the money to do it right now. We had a huge evergreen fall in our yard and now have to take the time and money to clean that up. If we could, we would but unfortunately that's just not an option right now. There have only been 2 houses to report us. The tree branch throwing house and their best friends who live next to them, on their other side.

What do I do if they call animal control again because they are mad about the branches? Times that I have thrown a branch back over have seemed to coincide with times AC has been called.

Tell your father in law thank you for his service. I can't imagine what they see day to day. I wish people would let them focus on the important cases rather than using them for petty disputes.

[Sabinerose]

Does the animal control officer contact you directly to let you know there's been a complaint? If so, the pictures I mentioned would come in handy (make sure they are date stamped by your camera or phone). I've no doubts the officer would love to see that you threw their branches back into their yard on Wednesday and animal control was called on Thursday. Even better would be if you could kennel your dogs for the day you throw the branches back. Would be great to have them call about barking dogs when the dogs aren't even there .

Be calm and honest with the officer if you talk to him / her. The property line dispute, branch dumping, reports to animal control are all things the officer need to hear so he / she has the full picture of what's happening.

[oldtrader]

If you have trees that are dropping branches into a neighbors yard, you are responsible for the mess that is made in their yard. It is not their fault it is happening. By throwing the branches into your yard, they are in essence returning your property that is causing them a mess in their yard. You should be offering to go over and remove your tree limbs that litter their yard.

Don't blame neighbors from being angry that your tree mess is falling into their yard. You should be solving the problem, not complaining. You should cut limbs that are liable to fall into their yard, and can be considered a hazard falling into their yard.

I have see this happening in different areas of the country, and the property owner with the trees was ordered by a court to cut the trees that are causing problems for the neighbors. If the branches of your trees are over the property line, you are infringing on the other property owners property. Cut the limbs that are hanging over the fence, and/or are liable to break and fall into their yard.

I have known where other property owners, have even killed the neighbors trees, that would not take care of the problem of the trees overhanging their property line and blowing into their yard.

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[historyfan]

Exactly. Your tree is causing a mess in your neighbor's lawn. They could get a ruling forcing you to cut off any part that protrudes over their property line or rule for a tree service to do the work and attach the bill to your property taxes. It is under causing a nuisance in your local ordinances. Billings likely has plenty of ordinances. If one of your trees falls into their yard, you will be liable for all damages and removal, cleanup, etc.

As far as barking dogs go, one person's acceptable amount is not necessarily another's.

[MisfitBanana]

I would NOT throw the limbs back into their yard. The tree limbs, if they're coming from trees on your property, should not be falling into their yard. You're creating a hazard - if a tree limb were to fall on a person or an animal, you could be sued. Chop those limbs off the tree. Otherwise, when the limbs fall and they are thrown into your yard, then dispose of them. Again, do NOT throw the limbs back onto their property. Especially if you hit someone, or damaged their property, you would be at fault.

Essentially, they're returning YOUR property to you (the limbs from YOUR tree), and you'd be throwing YOUR property onto THEIR property. Guess what? You'd be in the wrong.

Taking photos of the tree limbs that belong to you, but that you threw back onto their property, is absolutely horrible advice. You'd be taking photographic evidence of you essentially littering and causing a nuisance to your neighbors. Your photos could actually be used against you.

[Sabinerose]

Ooops...I mis-read the OP regarding the tree branches. I was thinking the trees belonged to the neighbor and they were throwing the branches into your yard from their own trees. After reading other's posts and re-reading the OP, I agree with the line of thought that the trees belong to you OP...and all the branches they drop. Yes, they are allowed to throw the branches back over the fence...they really shouldn't be expected to clean up branches that are falling into their yard because of you (not directly of course...I'm sure the trees were there before you bought the house, but you own them now).

Sorry OP for my initial bad advice. Is there anyway you can trim the branches from their side a bit to help prevent them from falling into their yard? It might get expensive for you if one were to damage their fence or something.

[oldtrader]

Instead of complaining about them throwing your branches over into your yard, the neighborly thing to do, would volunteer to go over and clean up the mess your branches, etc., are making in your neighbors yard. At least that is what our neighbors have always been like, in areas some peoples trees were causing problems. That is what people consider being decent neighbors.

To expect your neighbors to clean up after you, is being very unreasonable.

You do understand in your tree branches blow over and break a window, or do other damage such as tearing up a roof, you are legally responsible to correcting the damage. A couple of claims against your insurance company for this kind of thing, will raise your insurance premium considerably as long as those trees exist in your yard.

[ElkHunter]

It amazes me about peoples thoughts when they put together laws.

If your tree is hanging over to my side of the fence, I can legally cut the branches, within reason and only what is hanging on my side.

If your tree bears fruit, I can legally pick said fruit that is on my side of the fence, but only on my side of the fence.

If your limb, that hangs on my side of the fence, that I pick the fruit off, falls on me, I can sue you.

But, it is your tree.