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Tree problem

Alienspecimen

NAXJA Forum User
Location
Best Coast RI
I am seeking advice on how to go about a tree dispute with my neighbor.


The neighbor has the type of trees that grow really fast in height and produce very few branches. As they grow, if not capped, they start to split and eventually fall on the ground because of their own weight or in some instances, the entire tree falls down.


There are mainly two trees in question, they live about a foot away from the property fence in neighbors yard. Over the years, one of them has developed seven or eight branches about twenty-thirty feet long, half of which hang over the fence and into my yard. The other one has about six branches, and only one is hanging over the neighbors yard. Having seen these overtaking my yard was never a problem...


The problem lies in the fact that these trees are very weak and break easily. Over the years, large branches have fallen off of them and getting stuck between other branches, half hanging on her and the other half hanging on my side of the fence. One is still there, after three years, I just cut whatever was on my side. If properly maintained, lets say being capped at certain intervals, their branches would only grow up and not split and fall under their weight.


It really became an issue after the recent hurricane Irene (hurricane is an exaggeration, it was more like a storm by the time it reached RI). One of these huge branches fell over my son's playhouse.


The neighbor is an older widow. Her house and yard are perfectly manicured and she spend recently some money on yard work. Her son also helps her. I am an understanding neighbor and sensitive to the fact that most older people are not exactly rich, but this was obviously becoming a problem and keep in mind that I really have not had steady income since the end of last year, when I lost my job.



I went and knocked on the door. She came out, we started talking and she called her son who was working in the yard at the time. He does not live with her, but visits often and helps with maintenance. He is also a very arrogant man. The woman stated that she always wanted to take down these trees, as she never liked them. His ultimatum was that any work that needs to be done must be done from my side of the fence, “because the yard will be torn apart by the use of heavy equipment”. It struck me as really odd that someone wanting to do work on their trees, would ask their neighbor for access, because the integrity of the yard needs to be preserved.


He did not get the reaction he expected. As an understanding neighbor, I said “OK”. They both got excited and even offered to pick up the branch that fell in my yard, which now I know amounts to about a third of a cord.


Things turned one eighty after the contractors came and said that “there are too many obstacles” and they cant get in from my side. My backyard is about fifteen feet lower than my front yard and the dividing line between is very steep, which also does not allow the “heavy equipment” to get in.


I was told that they are not going to take down the trees, but also instead of capping them, the maintenance plan is “to take care of the fallen branches, if it falls on your side, you take care of it, if it falls on my side, I take care of it”.


After that, I went on the Internet and made a search, from which I found that I can do some work to a certain extend on branches that hang over my yard. Good, but also bad, because with the amount of work needed to make my yard safe, I will be severely compromising the structural integrity of her trees for which I understand I will be penalized. What happens if the tree falls over her house, just because the counterweight isn't there anymore, etc? I am faced with the only one option-to wait until a branch falls down and in a mean time hope that it does not destroy anything that I have under, such as playhouse, trampoline and a shed or worse: falls on someone's head.


I also really dont understand how because the neighbor refuses to maintain her trees, suddenly it becomes my problem. There must be somewhere a provision that protects me from that.



Can you shed some light and point me in the right direction? I really appreciate your time.


Thanks in advance.



P.S. This is what it looked after the storm, funny, the fact that there's damage on the playhouse, never came up:


17.jpg
 
Check with the town. They might have some sort of tree ordinance, mine does.
 
That doesn't make any sense to me. If the tree is on their land and if branches fall onto your property how can they not be liable? I would contact the police, a branch fell and almost hit your child(well it could but as far as they should know it did), that has to be negligence on their part.
 
That doesn't make any sense to me. If the tree is on their land and if branches fall onto your property how can they not be liable? I would contact the police, a branch fell and almost hit your child(well it could but as far as they should know it did), that has to be negligence on their part.

It does not make a sense to me either, thats why I am asking for advice. You will not believe what came out of my search-at least third of the responses to similar question were: "if it is in your yard, it is your problem"

Thanks for reading tho. BTW, did you see the size of that branch? It is at least six feet longer on the thick part but I couldnt fit the entire thing in one picture. The playhouse is 12X8.
 
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I know where I live, the law is as such: Trees are like snow, they fall where ever and its your job to clean them up.
So yes, essentially "if it is in your yard, it is your problem." Not saying I agree with that law, but that is what is written.
 
Two separate issue's here,trimming on your side of the property line is totally up to you,any damage caused on your side of the property by their tree is their responsibility.
 
Just for the record, my city says if it's a safety hazard then they can force the property owner to remove the tree at their expense.
 
Just for the record, my city says if it's a safety hazard then they can force the property owner to remove the tree at their expense.

That is what I would be looking into. I am sure they get a lot of complaints for ugly or over grown trees. Once you present pictures and stories of massive branches falling near children it is a clear safety issue.
 
just a thought, but after working with my father for years when I was younger, if you want to take the trees down, completely, you can hire an Arborist (or Arboriculturist).
They won't need much if any heavy equipment, really only to remove the large limbs from the property.

We've laid 1+ton logs down from 75+ft in the air down onto the ground as soft as a feather. No need for trucks, booms, scissor lifts, etc... some ropes, climbing harness, few saws and plenty of pulley's, figure 8's, and other assorted tools. If anything it's a hell of a lot cooler watching them at work in the tree, then watching boom trucks and 5ton trucks sinking into your lawn.

For the most part an Arborist will try to impact the lawn little if any, they may even be able to prune your trees to make them safer for years to come if that's an option for you/neighbour. Forks can be cabled or roped together so they won't split, for instance.


side note: mind mentioning what type of tree it is?
 
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I had a 70' Hackberry come down on my property during an ice storm. The tree grew out of 3 trucks at the base, so it basically split the tree into 3 pieces. Not fun.
 
That doesn't make any sense to me. If the tree is on their land and if branches fall onto your property how can they not be liable? I would contact the police, a branch fell and almost hit your child(well it could but as far as they should know it did), that has to be negligence on their part.

will be ruled "act of god" unless negligence can be demonstrated and proven beyond a shadow of doubt in claims court.

good luck with that.
 
will be ruled "act of god" unless negligence can be demonstrated and proven beyond a shadow of doubt in claims court.

good luck with that.


Yup.
If my neighbors tree comes down on my garage during a windstorm, I better have insurance, cause it is not the neighbors responsibility unless negligence is proven. And I can only cut branches from the neighbors tree if it encroaches onto my property. And I cannot cut any branches from outside my own property. In other words, stay off the neighbors lawn when trimming branches from their tree.
 
You need to get a certified Arborist to come inspect the trees and make a judgement/recommendation on their condition. If the recommendation is the tree is a nuisance or is unsafe then it works in your favor.

Then, you take their typed recommendation and send it via certified (signature required) mail to their house.

Find your local Extension branch and they can help you with the arborist part.
 
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