Neighbors overhanding trees...

Neighbors overhanding trees...

Rental Property Investor · Somewhere over the Rainbow · Member since 2021 · 1k+ posts · 1k+ votes

What have you all done in the past about neighbors trees overhanging your property/house/shed etc?

I have this problem on a house I recently purchased - about to start rehabbing. Now the tree hung down on the back of the roof and siding - so some of this will have to be replaced/fixed - just a little wear and tear nothing major. However, the tree comes up to the top of the ffence line the abruptly turns toward my property and partially over the house. The part hanging on the house has been trimmed by myself. 

From a legal standpoint - it looks like I can cut everything on my side - which is essentially the entire tree (however the truck is on her side of the fence). The downside is that this obviously will cost me - can I afford it - yes. But it's not my effing tree. Looks like I can also file a nuisance claim in court since the tree will eventually fall on the house and prevents "enjoyment" of my property. It would be obvious to a reasonable person that the tree needs to be trimmed. 

Do I want to let it eventually fall on the house - no. Don't need to have a tenant smashed or pay a 5k deductible. 

From a neighborly perspective - I can offer to split the cost with her to a degree. 

What have you all done it the past in situations like this? (It seems it can differ wildly by location)

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  • Member since 2021 · 1 post · 0 votes
    3y

    If it is going to interfere with your property you can trim it back to the property line. 

  • Investor · Raleigh, NC · Member since 2013 · 1k+ posts · 708 votes
    3y

    I would seek a dialog with your neighbor and try to split the cost of taking down the tree.  That seems very reasonable to me.  However, chances are that she will tell you to pound sand.  I had this exact scenario happen to me.  I explored it with both, the City and my insurance company.  Neither were any help.  The insurance company literally said: "just let the tree fall and then we will talk to the neighbor's insurance and sort out who pays for the damage".  Well, I wasn't going to have my tenants injured by the tree (was overhanging my deck area), so I decided to bite the bullet and pay for the removal myself (at least, the neighbor didn't make a fuss about granting access, etc.

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    3y

    If you back is against the wall regarding cutting this tree down, as a last ditch to cut the whole tree down yourself, you could offer the neighbor $100 Bill as a kicker, a 6 pack of Corona, or Bud or Pabst, a case of Campbell's Chicken Soup, etc...

    Or simply not to rent to anyone with Glass Pack Mufflers, etc...

    Or offer to have your cutters chuck all of the good sized pieces over the fence so he can split them for firewood (he might be able to rent a power splitter from Home Depot).

    Shake a hand make a friend on this tree deal and it might go easier on you.

    Good Luck!

  • Kenneth GarrettPro Member
    Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
    3y

    @Jeremy Horton

    It’s best to work with the neighbor.  You are correct, in theory you can cut anything that overhangs your property line, except killing the tree that you do not own.  There have been a few litigation cases like yours where a neighbor trimmed the tree in such a way it killed the tree even though it wasn’t on there property.   Approach the neighbor with proper decorum and hopefully you can work it out.

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