Should I allow my neighbor access to my property to limb up a tree?

[bbhaag]

All right so a little background before I continue. Last fall we purchased a home, did some remodeling, and then moved in right before Thanksgiving. Because we moved in so late in the year it left little time to get to know our neighbors.

A week ago one of our neighbors approached me about wanting permission to use our property so he can access the tree in his back yard so he can limb off several large parts of the tree. The two trunks he mentioned are easily 10-14" in diameter and around 40' tall. They are very large.

I guess my question is before I give him verbal permission is it better to get something in writing that is signed and notarized by both him and me? Some type of contract stating that if any damage is done to our property it must be returned to the same or better condition. We are worried that the equipment needed to fell such a large portion of the tree with cause damage to our property.

Here is a quick image that might help. The red X is the tree in question. The white line is the path equipment would need to use to get the trunk and branches to the road. The blue X is our house/property.

 

[Brovane]

Is he doing the work himself our is he using a tree service company?

 

[BoomerD]

Why access it that way? Looks like it'a much closer to his house/driveway. Set a crane in the street, fly the cut pieces away.

 

[pcgeek11]

That is what I would say also. I think he is trying to avoid the cost of a crane.

 

[Gardener]

Not without a temporary construction easement, which minimally he would have to reimburse you for having drafted by your attorney. Don't try to draft something yourself, unless your are a lawyer.

I'm a professional landscape gardener and have seen the lack of detailed in the cleanup work done by many crews...not to mention you would be letting them drive and park rigs on your lawn? Hell no.

Tell him you don't feel comfortable having them driving on your property, end of discussion. Be clear and direct.

 

[pcgeek11]

I wouldn't allow it either.

 

[Micrornd]

Which house does this neighbor live in?

 

[Sgt. York]

Nope, not a chance in hell. He's just trying to avoid hiring a crane, like Boomer said. Tell him no. You are under no obligation to explain yourself, either.

 

[RPD]

Put me down as saying no as well. Lazy neighbor is being lazy.

 

[Fanatical Meat]

I’d be okay with it provided:
The neighbor isn’t a pain in the ass or a sucky neighbor
The neighbor is using a professional and insured company to remove the limb
They’re willing to cover any reseeding or damage to your lawn. I’m not talking about a $20 bag of seed, I’m talking about big damage to your yard.

 

[Sgt. York]

The neighbor is trying to cheap out at his expense. Why go through the anguish of damage to his property, which will happen large or small, and the possible liability? The neighbor has options that don't involve him.

 

[Fanatical Meat]

I just closed a real estate transaction that required some trees cut down and a bucket truck was required. Getting the truck out added $1000 to $1350 to the job cost. I don’t blame the guy for wanting to save that money

 

[Sgt. York]

It still isn't the OP's problem and goes beyond being a good neighbor.

 

[Fanatical Meat]

It still isn't the OP's problem and goes beyond being a good neighbor.

Agreed I don’t blame the guy for asking

 

[Sgt. York]

Nor do I. There's a sucker born every minute.

 

[bbhaag]

Thanks for all the responses. I think I will just tell him no and be done with it. If he gets pissed off so be it not my problem. I will try to answer some of the questions everyone had.

Is he doing the work himself our is he using a tree service company?

I believe he is hiring a professional service to have the two large limbs removed.

Why access it that way? Looks like it'a much closer to his house/driveway. Set a crane in the street, fly the cut pieces away.

Because of the proximity of his neighbors on either side he claims there is no way to get a bucket truck in from the front so that is why he needs access from me and the neighbor directly behind me. The limbs hang out past his property line over the house directly behind me and to the side of his house.

Which house does this neighbor live in?

See the white Google lettering at the bottom of my picture? His house is the one directly to the left of that lettering NOT the one the lettering is on.

 

[bbhaag]

I’d be okay with it provided:
The neighbor isn’t a pain in the ass or a sucky neighbor
The neighbor is using a professional and insured company to remove the limb
They’re willing to cover any reseeding or damage to your lawn. I’m not talking about a $20 bag of seed, I’m talking about big damage to your yard.

That is the other side of the equation to all this. Like I mentioned above because we moved in late in the fall we didn't have a chance to meet the neighbors and talk local neighborhood politics with any of them.

I don't know this guy from Adam so that makes the decision a little easier to. We have talked with several of our neighbors this spring when the weather was nice and most of them didn't seem to mind him but one in particular had nothing but negative things to say about him.

 

[Fanatical Meat]

That is the other side of the equation to all this. Like I mentioned above because we moved in late in the fall we didn't have a chance to meet the neighbors and talk local neighborhood politics with any of them.

I don't know this guy from Adam so that makes the decision a little easier to. We have talked with several of our neighbors this spring when the weather was nice and most of them didn't seem to mind him but one in particular had nothing but negative things to say about him.

Yeah that’s your call to make, my gut tells me to let him do it provided he has a professional who is insured and doesn’t expect much damage to your land but that’s just me, I can’t make that decision for you.

*much damage means something you’d need a professional to fix, of course some grass will get banged up in the process that’s not big damage

 

[lxskllr]

I'd probably let him do it cause I don't care much about lawn. Without knowing what it looks like in person, it could probably be climbed and rigged down in pieces. No expensive equipment necessary.

 

[Micrornd]

See the white Google lettering at the bottom of my picture? His house is the one directly to the left of that lettering NOT the one the lettering is on.

That's what I thought.
I'm assuming that your neighbor is wanting to remove the 2 large branches that are leaning over top of your neighbor's house with the Google lettering on it.
Allowing him access (with all the proper precautions) would appear to help both your neighbors.
Just sayin'.
Your call

Oh, and you might want to have Zillow remove the listing for your house.

 

[Sgt. York]

There's an old saying some of the younger folk may not be aware of, "No good deed goes unpunished."

 

[Hans Gruber]

There's an old saying some of the younger folk may not be aware of, "No good deed goes unpunished."

I believe the saying is that "no good deed goes unnoticed."

 

[BoomerD]

I believe the saying is that "no good deed goes unnoticed."

No...he's right. "No good deed goes unpunished" is accurate.

 

[Spacehead]

Without knowing what it looks like in person, it could probably be climbed and rigged down in pieces. No expensive equipment necessary.

I was thinking the same thing.

 

[Micrornd]

The OP would have to confirm but, I think that's the tree and I'm guessing the limbs are the one's circled in white.