Thank your for that link. Quite informative.
I have heard that when tree branches simply grow over the property line, it is perfectly legal and acceptable to trim said branches at the property line. (After all, the branches are over the line and apparently become your property, right?) Going beyond the property line without permission is frowned upon.
Now for the disclaimer: not a lawyer, have not actually looked up to confirm what I've heard. So take it for what it's worth.....
John, post: 389825, member: 791 wrote: Thank your for that link. Quite informative.
I have heard that when tree branches simply grow over the property line, it is perfectly legal and acceptable to trim said branches at the property line. (After all, the branches are over the line and apparently become your property, right?) Going beyond the property line without permission is frowned upon.
Now for the disclaimer: not a lawyer, have not actually looked up to confirm what I've heard. So take it for what it's worth.....
Oklahoma has some "specific" tree laws. And here it is legal to trim at the property line,a tree limb, with the trunk NOT on your property. Trunks that occupy the property line are considered joint ownership....
BTW, in Norman, Oklahoma, a tree with the trunk well within the R/W that falls into the road (from a 2007 ice storm) takes not only God, but Mary, Joseph and baby Jesus also to convince City numbskull that the tree wasn't mine just because it was adjacent to my property. I won..eventually.
If a tree is deteriorated to the point that it's bound to fall soon, and you make the owner of the property aware of it, I think you have a case against the owner of the tree if it does fall onto your property. You would probably need a tree expert to determine that the tree is not sound prior to it falling and would need notify them in writing in advance.
John,
I think it is the general rule that if a trunk occupies a property line, it is considered to belong to both sides of the line and that if it is in one property but the branches cross, the owner of the other property can trim anything on his side. I am sure different state laws can have different rules. The thing about having a trunk on line, is if you want to cut down the tree that is owned by two parties, both parties have to agree to taking out the tree.
I was actually trying to refer to a trunk on one property with limbs hanging on to a neighbor.
I had a neighbor who had trees that were in less than pristine/ healthy condition. During a storm, the upper part of one of the trees fell on her neighbors car and part of his fence.
At one point, the first neighbor had a tree expert come to look at the trees. It was promptly confirmed the trees were rotting from the inside and needed attention (to be taken down for instance). She didn't care. The trees were there when she bought, others she planted. Sentimental value. Just would not hear of doing anything to her babies.
John, post: 389852, member: 791 wrote: I was actually trying to refer to a trunk on one property with limbs hanging on to a neighbor.
I had a neighbor who had trees that were in less than pristine/ healthy condition. During a storm, the upper part of one of the trees fell on her neighbors car and part of his fence.
At one point, the first neighbor had a tree expert come to look at the trees. It was promptly confirmed the trees were rotting from the inside and needed attention (to be taken down for instance). She didn't care. The trees were there when she bought, others she planted. Sentimental value. Just would not hear of doing anything to her babies.
I think if she was put on notice before the tree did damage, then she would be liable after the bad tree did damage. But sometimes it's not worth it to sue. However if you can make an insurance claim, the insurance company might cover you and go after the neighbor for damages....but I don't know everything.
Tom Adams, post: 389853, member: 7285 wrote: .but I don't know everything.
Now Tom, why did you have to shatter my illusion that everybody here knows absolutely everything?!? That's why we hang out here, right? To be with smart people?
🙂
John, post: 389856, member: 791 wrote: Now Tom, why did you have to shatter my illusion that everybody here knows absolutely everything?!? That's why we hang out here, right? To be with smart people?
🙂
Yeah....sometimes you get on an start talking about something like you're a real know-it-all....and I got to throw some disqualifiers in there to not sound like one of those guys. (especially because if I try to sound like a real expert someone chimes in that knows tons more than I do, and I end up with egg on my face) :smarty:
Tom Adams, post: 389863, member: 7285 wrote: Yeah....sometimes you get on an start talking about something like you're a real know-it-all....and I got to throw some disqualifiers in there to not sound like one of those guys. (especially because if I try to sound like a real expert someone chimes in that knows tons more than I do, and I end up with egg on my face) :smarty:
I've always felt I was one step above all the other stupid people in the world simply because I will freely admit how much I don't know....;)
I think it was about 1988 when a big storm roared through the area. An elderly woman took her lawn chair into the backyard to sit beneath a big ol' tree to watch the fury. That tree happened to be nearly dead. When it snapped it fell directly on her, killing her instantly. A local surveyor was called in to determine the precise location of the base of that tree and the percentage of the cross-sectional area at the base on either side of the property line.
According to Miller & Starr Calif Real Estate: "Liability for branches that fall onto adjacent property. An owner who fails to maintain a tree properly may be liable for the damages caused to the adjoining owner when a branch falls onto a house on an adjacent parcel. 10 If the tree is located on government property, the government entity is not immune from liability. 11"
This may be a California thing, but I've heard that yes, you can trim back to the property line, but not so much that you kill or damage the tree.
mkennedy, post: 389907, member: 7183 wrote: This may be a California thing, but I've heard that yes, you can trim back to the property line, but not so much that you kill or damage the tree.
That is correct. According to Miller & Starr, California uses a reasonableness standard. You can trim the neighbor's tree branches which encroach without a Court order (self-help) but must use reasonable care when doing so.
