Ask Me Help Desk - Tree responsibility

Hi everyone,
We have some huge trees in our yard, with the main trunks on our side of the property line, but just barely. There is one very large branch overhanging the neighbors yard, which grows diagonally from the main trunk and starts pretty much exactly on the property line. I'm a little worried that one day the branch may fall and hurt someone over there or damage their shed. Is it my responsibility to get the tree checked by an arborist, and trimmed if recommended, even if the neighbors have never requested that we do so? Furthermore, am I even legally allowed to have the branches on their side trimmed? What if they don't want the branch trimmed, and then it falls? Will I still be responsible for damages?
Also, there is a smaller branch that is starting to grow pretty close to their house. Can they demand that we pay to have it trimmed back, or is that something they would have to pay for?
Thanks for any answers you can give me...

The trees, no matter where the branches are, if they are on your property, are your responsibility. Talk to your neighbours and tell them you would like to have the trees trimmed. You are actually looking for trouble where there isn't any IMO. Just get the branches cut off by a tree service.

Quote:

Originally Posted by tickle

The trees, no matter where the branches are, if they are on your property, are your responsibility. Talk to your neighbours and tell them you would like to have the trees trimmed. You are actually looking for trouble where there isnt any IMO. Just get the branches cut off by a tree service.

You got here first! Same advice - it's your tree. If they won't let you or your people onto their property, then document that in the event there's a problem. I would not volunteer any information about whether the tree is a danger.

As far as a damage claim - and I don't know if all homeowners policies are the same - but I had an evergreen fall on my neighbor's property over the Winter. I called my HO's, they called me back and my insurance covers damage on MY property (including clean up) and they told me to have the neighbors claim their damage on THEIR HO's (primarily the clean up and removal - it didn't hit anything). The only exception would be if I knew the tree was diseased or damaged and did nothing.

This is NOT a good way to have friendly neighbors so I ended up paying to have it removed from their property just as a gesture of good will but I had never read my HO's policy and I was shocked.

Yes it is your tree, I got a brand new central air unit a few years ago when my neighbors tree lost a very large limb that took it out.
And in this case, since the limb showed signs of being bad, his insurance refused to pay since they said he had a obligation to keep the tree in good condition

Please take care of this tree as soon as possible. Summer is the time for violent wind and rain storms to hit. It would be a shame that the tree limb causes a lot of damage to the neighbor's home. I know you would feel bad about this. If you are friendly with the neighbors and can't afford the tree trimming cost (as it can get pretty pricey) may I suggest that you ask that neighbor if they could chip in a little to help defray the cost and help protect their property as well with the limb's removal?

I had a neighbor who let his trees grow all over my yard. I just trimmed his trees back right up to the property line. There was a huge limb that was encroaching over my home and would have caused great damage had it been brought down by a storm. I trimmed it back a little at a time (so as to not do any damage to my home) and then cut the limb stump right at my property line. The neighbor was not happy that I did this and called the police to complain. The police came out and told him that I could do whatever I wanted to do with his limb as it was on my property. He was not too happy to hear that but he had no choice. Glad I did that as we had a few very violent storms and other limbs of his trees came down in his yard and that one particular limb would have crashed into my home had it still been there.

What you guys said was pretty much what I thought, but I wanted to make sure I had it right before I went over to talk to them about it.
Thanks to you all for the advice!

Hello a:

I disagree with my cohorts.

You are responsible for the part of the tree that is on YOUR property, and your neighbor is responsible for the part of the tree that is on HIS property.

Property lines are THREE dimensional. Not only do you own the ground, you own the air above the ground within the confines of your lot. That means, those branches that overhang onto HIS property, are HIS. Even though the trunk is yours, the branches are his. He can trim them without your permission, and he doesn't have to trim them because you would like him to. Plus, it would be my opinion that YOU cannot go onto HIS property and trim HIS branches.

As HIS tree (or branches in this case), the branches, should they fall and damage his stuff, would be HIS responsibility - not yours.

Or, I could be wrong. It wouldn't be the first time.

excon

I guess I could see it both ways, really. I'm planning on having an arborist come and inspect the whole thing and make recommendations, anyway. Maybe he/she will know for sure. It's probably the kind of thing they get asked all the time.