Property Rights

[rh71]

Say neighbor1's tree extends over the fence high above neighbor2's property. Neighbor2 wants neighbor1 to cut the branches that are crossing over (because leaves are falling into the pool). Is this right or should neighbor2 do it himself as long as neighbor1 is okay with it ? Should neighbor1 even care about neighbor2's request ?

 

Just make sure he's okay with it, and do it yourself. But don't fall into the pool, 'cause that wouldn't be too fun.

 

[rh71]

Well, I guess there's no point going on without naming names. My question really comes down to... should the person who doesn't own the tree (my neighbor) do it even though it's not theirs - but it's their problem? I don't want to do it myself since it's quite a climb and it's obviously over the fence on their side.

My tree, their problem. I'm sure this is a pretty common occurence.

 

[NesuD]

Nope in my opinion it is his responsibility. If he doesn't like your tree limbs hanging over his pool then he has every right to trim them to the property line but it is his responsibility to trim them not yours. On the other hand it is worthwhile to maintain good relations with your neighbors so offering to help him trim them would seem fair. Do not do it for him though. Once you do that he will expect it to continue. If he is a jerk about it and gets an attitude screw him and let him do it himself. The parts of the tree over his property are actually his so it is his responsibility.

 

Originally posted by: rh71
Well, I guess there's no point going on without naming names. My question really comes down to... should the person who doesn't own the tree (my neighbor) do it even though it's not theirs - but it's their problem? I don't want to do it myself since it's quite a climb and it's obviously over the fence on their side.

My tree, their problem. I'm sure this is a pretty common occurence.

In that case, ask him if he wants to cut it himself. If he refuses, tell him that you'll split the cost of a tree service with him. If he's halfway decent, he'll comply.

 

[johnjohn320]

Originally posted by: NesuD
Nope in my opinion it is his responsibility. If he doesn't like your tree limbs hanging over his pool then he has every right to trim them to the property line but it is his responsibility to trim them not yours. On the other hand it is worthwhile to maintain good relations with your neighbors so offering to help him trim them would seem fair. Do not do it for him though. Once you do that he will expect it to continue. If he is a jerk about it and gets an attitude screw him and let him do it himself. The parts of the tree over his property are actually his so it is his responsibility.

I disagree. The tree is yours, and it's intruding on his property. I don't think it's terribly different than if you parked your car on his lawn. Your car, his problem. I think since it's your tree and it's infringing outside of your property and onto his, you should have to cut it.

 

When you hold a title to the land, if it is unencumbered, the property extends from all metes and bounds of the plat down to the center of the earth, and into the sky infinitely. If your tree is encroaching upon his titled held land, he has all the rights to cut the tree without consulting you.
That is the law, the exceptions to it would be any property easements you or he would hold on each others land.

But, as a good neighbor, he should consult you first.

 

[Walleye]

do your neighbor a service and just cut the damn tree for him!

unfortunately we have to deal with a$$holes who try to make life difficult for neighbors. when a tree dropped a large branch on the front end of my camry, and i went out there, and chopped the entire tree to within an inch of the property line, the neighbor threatened to sue. what's worse is the bastard knew the laws, and would have sued based on "emotional distress" because he knew any other suit would have immediately been thrown out of the courtroom.


luckily, the wife threw him out, so he's no longer threatening us with lawsuits.