Question regarding neighbor's tree. (Phoenix, Peoria: rental, lawyer, house)

[tomahawk_72]

I have a rental house next door. There is a tree in the backyard that looks like it hasn't been maintained since it was planted 50 years ago. It is also never watered.

So everyday after work I have to spend at least 1/2 hour sweeping my patio and skimming all the leaves out of my pool. I've been doing this for 3 1/2 years now and I'm sick of it.

I've said something to the landlord and he just shrugs it off.

Is there any kind of city code I could use against this guy?

[S. Chris Webb]

I feel your pain. One of our rental properties used to have a neighbor's huge, bark shedding, limb-falling, eucalyptus tree that caused regular damage to the fence and pool. It actually cost us thousands in repairs over the years, including repairing the pool equipment, replacing the plaster, etc. I looked into city codes (Peoria), state laws, bylaws. Even asked a lawyer about it. Nothing we could do except trim the part that actually hung over the fence (literally impossible because the the tree was so tall you'd need a cherry picker parked in the pool). The neighbor didn't care but he allowed us to hire our own landscapers to trim the tree once in a while at our own expen$e. Eventually the house got a new owner, and the first thing they did was to remove that tree.

That was Peoria. What city are you in? There is a chance, albeit slim, that your city may have bylaws covering this. Does your HOA, if you have one, have anything in its' CC&R's?

[tomahawk_72]

Originally Posted by S. Chris Webb

I feel your pain. One of our rental properties used to have a neighbor's huge, bark shedding, limb-falling, eucalyptus tree that caused regular damage to the fence and pool. It actually cost us thousands in repairs over the years, including repairing the pool equipment, replacing the plaster, etc. I looked into city codes (Peoria), state laws, bylaws. Even asked a lawyer about it. Nothing we could do except trim the part that actually hung over the fence (literally impossible because the the tree was so tall you'd need a cherry picker parked in the pool). The neighbor didn't care but he allowed us to hire our own landscapers to trim the tree once in a while at our own expen$e. Eventually the house got a new owner, and the first thing they did was to remove that tree.

That was Peoria. What city are you in? There is a chance, albeit slim, that your city may have bylaws covering this. Does your HOA, if you have one, have anything in its' CC&R's?

I'm in Phoenix near 40th St. & Thunderbird...no HOA. I just want to cut it down.

[S. Chris Webb]

If the tree is truly dead, you can report it to the city here.

Checked city code, and did find this:
39-7 Exterior premises and vacant land.


D. Weeds, bushes, trees and other vegetation. All exterior property areas shall be kept free from dry vegetation, tumbleweeds, weeds, bushes and tall grass and trees which present a visual blight upon the area, which may harbor insect or rodent infestations and dry vegetation, or which may likely become a fire hazard or result in a condition which may threaten the health and safety or the economic welfare of adjacent property owners or occupants.
The premises shall be free from visual blight; potential fire hazards; dead trees and branches; dead palm fronds within ten feet of the ground, a structure, a fence or wall, or of any combustible other than the tree from which the fronds have grown; lawn grass higher than six inches; tumbleweeds; or weeds higher than six inches tall.

The contact info to the City of Phoenix PD Code Compliance unit is here:

[Steve Pickering]

Some people are good neighbors, and some are not.

[maverick974]

I have the exact same problem. A huge tree right on the fence in the neighbors yard. It's about 60+ feet tall and it drops leaves and bark in my pool. The bark in particular leaves dark brown stains in my plaster pool and takes a week or so for those stains to go away.
Many of the branches overhangs the fence into my yard almost to the ground. It's also destroying the block wall in that area. I've talked to the neighbors and they say there is no problem and I'm welcome to cut the limbs on my side of the fence but I don't feel that's my responsibility. They feel otherwise. I'm toying with limbing the thing and tossing the waste back into their yard.

[Steve Pickering]

Originally Posted by maverick974

I have the exact same problem. A huge tree right on the fence in the neighbors yard. It's about 60+ feet tall and it drops leaves and bark in my pool. The bark in particular leaves dark brown stains in my plaster pool and takes a week or so for those stains to go away.
Many of the branches overhangs the fence into my yard almost to the ground. It's also destroying the block wall in that area. I've talked to the neighbors and they say there is no problem and I'm welcome to cut the limbs on my side of the fence but I don't feel that's my responsibility. They feel otherwise. I'm toying with limbing the thing and tossing the waste back into their yard.

Sounds like you are toying with an arrest.


But I have to ask..... Was the tree there when you moved in? Was the tree there before your pool?

[maverick974]

Originally Posted by Steve Pickering

Sounds like you are toying with an arrest.


But I have to ask..... Was the tree there when you moved in? Was the tree there before your pool?

Yes, the tree was there before I moved in but no, it wasn't there when the pool was built. I wouldn't toss the limbs over the fence but I'd sure like to. The house that has that tree, has pools with all three neighbors. Me on the back and the two neighbors on the side. We all complain about it. The tree hasn't been trimmed ever. It's just huge and one of these days, the wind will blow it down onto one of our homes. Who will be responsible at that point?

[Steve Pickering]

The owner, but as you said the tree was there when you moved in. It is on their property, right? You must have a really old pool. Some neighbors are good neighbors. Others, not so much.

[ji603]

Standard law holds that one is free to trim branches and roots that extend from a neighbor's tree onto one's own property, so long as it is done without damaging or killing the tree.

I would not throw the branches back over the fence.