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richardgvn21 · Oct 16, 2011, 02:18 PM

My neighbor has this large tree on his property and its large branches go well over into our property some almost touching our roof. What are my options ?

AK lawyer · Oct 16, 2011, 02:23 PM

If you don't want the branches to intrude into your property, you can cut them off.

It might be a good idea to tell your neighbor about your intent to do this. He may want to cut them himself or hire a tree surgeon to do it, so that the tree isn't damaged.

ScottGem · Oct 16, 2011, 04:39 PM

You have the right to trim any branches overhanging your property. But if you cause damage to the tree you could be held liable.

So working this out with your neighbor is a good idea.

Fr_Chuck · Oct 16, 2011, 05:42 PM

I agree, unless it is small limbs, talk with neighbor first, but hire someone ( professional who has liability insurance) so if there is damage to the tree, you can go back to the tree person.

As a personal note, I cut the limbs from my neighbors trees over my fence every year.

JonesHVAC · Oct 17, 2011, 09:34 AM

If you get along with your neighbor: Talk with them and your concerns, I am sure they will take the appropriate action.

If you do not get along with your neighbor: Send a certified letter stating you are concerned about the limbs and your home. The over-hanging limbs can cause issues to your shingles making it so you have to replace them. Tell them they have 10 days to take care of the problem before you do and bill them for it. In PA you have the right to remove the limbs especially if they could potentially cause damage to your home.

JudyKayTee · Oct 17, 2011, 10:23 AM

Originally Posted by JonesHVAC

If you get along with your neighbor: Talk with them and your concerns, I am sure they will take the appropriate action.

If you do not get along with your neighbor: Send a certified letter stating you are concerned about the limbs and your home. The over-hanging limbs can cause issues to your shingles making it so you have to replace them. Tell them they have 10 days to take care of the problem before you do and bill them for it. In PA you have the right to remove the limbs especially if they could potentially cause damage to your home.

I would not be this specific. It's not legally necessary and I wouldn't limit myself to damage to shingles. If it IS necessary to advise the neighbor I would send a letter that the limbs are intruding onto OP's property. OP is going to have the limbs removed. It is not a given that the cost will be the responsibility of OP. I would leave that part out. After the work is done OP has the option of going to Small Claims Court.

I would not send a somewhat inflammatory letter which the neighbor very well might consider this to be.

JonesHVAC · Oct 17, 2011, 10:36 AM

Because of the Commonwealth laws you must be specific. However, I did not mean to say give them 10 days to take care of it. I meant 10 days to repsond or you will take care of it and bill them. Even if considered inflammatory it is a necessary step and it is only a step if the two do not get along. That is why I first suggested talking with the neighbor first. ;)

JonesHVAC · Oct 17, 2011, 10:39 AM

One more clarification: The part were I said could cause damages to your shingles can be left out as it was just information for you concerning the trees.

JudyKayTee · Oct 17, 2011, 10:51 AM

Originally Posted by JonesHVAC

Because of the Commonwealth laws you must be specific. However, I did not mean to say give them 10 days to take care of it. I meant 10 days to repsond or you will take care of it and bill them. Even if considered inflammatory it is a necessary step and it is only a step if the two do not get along. That is why I first suggested talking with the neighbor first. ;)

I was specifically referring to the damage to the shingles part. I would not limit myself to that claim. I can't find the site you are referencing - would you post it, please.

Ten days seems like very short notice to me. I'm, of course, in NY and the time frame isn't how long you can take to respond. It's how long you can take to correct the problem, and it's "usually" 30 unless it's an imminent danger. In those cases you repair the problem and then talk to the neighbor.

I see a letter saying "you have 10 days to get back to me" as complicating the situation. Homeowner on one hand is acknowledging the problem but on the other is saying, "Well, okay, let me know in 10 days what you're going to do and when you're going to do it." HO is acknowledging the problem and doing nothing to correct it.

Of course, if it's a question of moss on shingles it's hardly an emergency.

Sorry to get so technical but I'm a liability investigator and I do work these cases.

JonesHVAC · Oct 17, 2011, 12:59 PM

I was speaking from a personal experience and not referencing a website. I live in Erie, PA and what I described above is what I was required to do. It could very well be different for them... I would suggest contacting a local attorney to be sure.

JudyKayTee · Oct 17, 2011, 01:02 PM

No, I'm sure the advice is sound. Write a letter, don't be specific. If it's an imminent danger ask that the trees/limbs be removed within X days. If not, 30 days.

Of course, if asking the neighbor to do the work OR have the work done be prepared to have the neighbor on YOUR property. In NY if someone is working on your property you have liability/responsibility as a homeowner to a limited extent if they are injured, even if you did nothing improper or incorrect. You are presumed to provide a safe working environment.

I don't want my neighbor on a ladder on my property. I want a professional. I'd just go ahead, get a price and get it done.

JonesHVAC · Oct 17, 2011, 01:07 PM

Lol... yes, it is funny how the law operates. In PA even a contractor can sue the homeowner if injured and the contractor doesn't carry Workers Compensation. Customers really don't realize the liability they are taking hiring contractors without General Liability and Workers Comp. Any how, that was slightly off subject but will help when you go to hire... make they have proper insurance. ;)

JudyKayTee · Oct 17, 2011, 01:25 PM

I think helpful info is always a good idea, even if it's a little off topic. If a contractor WITH WC is working at my house and is injured I will be named and could be found liable for not providing a "safe working environment." I know it's bizarre but I'm a liability investigator and get assigned these claims all the time. Homeowners are always in disbelief.

I carry my OWN WC insurance for people working on my property - in addition to their coverage.

And I agree - ALWAYS get proof of coverage. Don't take somebody's word for it and call the company and ask if you aren't sure. A lot of people get binders and never follow through.