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    canton's Avatar
    canton Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Sep 15, 2008, 10:57 AM
    Tree and neighbor
    Hi! Glad to find your web site.
    We are living in Canton,Ohio. And we have tree questions with my neighbor. Here Blackberry tree making dirt all over my driveway,and car. We just made new driveway( we put lots of money for this), and we asked here cut out branches over my side, she don't want listen anything. And last night some big peace of tree almost fall on my car.Thank you!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Sep 15, 2008, 11:01 AM
    Hello canton:

    She is responsible for the part of the tree that is on HER side of the fence. YOU are responsible for the branches on YOUR side of the fence no matter where the tree trunk is.

    Therefore, you can cut the branches on YOUR side at your own expense, and I would.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #3

    Sep 15, 2008, 11:02 AM
    Quote Originally Posted by canton
    Hi! Glad to find your web site.
    We are living in Canton,Ohio. And we have tree questions with my neighbor. Here Blackberry tree making dirt all over my driveway,and car. We just made new driveway( we put lots of money for this), and we asked here cut out branches over my side, she don't want listen anything. And last night some big peace of tree almost fall on my car.Thank you!


    This is more a legal question than a gardening question.

    I would write the neighbor a letter, calm and straight forward, and address the problems with the tree. Trees do what they do - drop leaves and small twigs and sometimes make a mess. That's what trees do. You can't do much about that.

    As far as "almost" falling on your car, other than warning you that it could happen, you can't be compensated for "almost."

    I would ask permission to trim the branches that are over your property.

    The law has gone both ways on this question - you have a right to trim back branches which encroach on your property. If you trim in such a way that it damages the tree, then you are responsible for that.

    I'd see if you can strike an agreement. If not, well, you may very well have to pay someone to trim it back.
    canton's Avatar
    canton Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Sep 15, 2008, 11:13 AM
    Thanks, for answering. But one thing, that tree is very high, and I can't reach myself to cut. And if my neighbor agrees,then I will need to ask professional people cut branches, it will cost me.:mad: which I don't want?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Sep 15, 2008, 11:26 AM
    Quote Originally Posted by canton
    And if my neighbor agrees,then I will need to ask professional people cut branches, it will cost me.:mad: which i don't want?
    Hello again, c:

    If you DON'T cut them and a branch falls causing damage to YOUR property, it's not going to be your neighbors fault.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #6

    Sep 15, 2008, 11:27 AM
    Judy gave you a great answer. You can't make the enighbor trim the tree but you can. If you can't afford a pro then you have the problem not the neighbor. Since you are in such a bind I'd start talking really nice to her and see if you can agree on a win/win deal.
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