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Can they cut down my tree

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jaybe422

Junior Member
NH.
I am having a problem with a new development next to my house. They are going to cut half a tree down that is hanging over the property line. I have spoke to the people and first they wanted to cut the whole three trunks of the tree which I agreed to. Now they say they are only cutting the trunk that is over the line. This will put my home in danger along with a propane tank that the tree is over. The tree has been that way for years. I was told by the guy taking care of the property that the foundation was inspected by the town on 12/1/08. He said a storm on 12/13/08 caused the tree to lean. I don't believe that the company finished building the house within those 12 days. This tree has always been there and the poor people that bought the house want it off the house. I agree but now the development company is only cutting one of the three trunks to the property line which is going to make the rest of the tree fall on my house, cars, or propane tank. What can I do and can they just cut trees on others property. Thank You
 


drewguy

Member
1) How do you know it is going to fall and cause damage?

2) If it's on someone else's property you don't have a right to say no. It's the property owner's tree to do with what he wants. There may be town/county rules on removing trees, though. Some towns limit cutting of large trees.

3) That said, if they remove part of a tree in a way that makes the remainder dangerous or kills the tree, they may be liable. I would contact an arborist for an opinion and then if the arborist shares your concerns (which aren't crazy to be sure) then present that to the proposed tree cutter and ask them to remove all three trunks. If they refuse then you're going to have to do it yourself if it's on your property.
 

HuAi

Member
My local regulations specify that hte neighbor may trim branches in a way that doesnt kill the tree. Cutting half the trunk off would almost certainly be off limits. Call your township and ask about any local regulations they may have.
 

154NH773

Senior Member
Your post is unclear to me. Is the tree base on your property?

If so, then if you want the tree taken down, it is your responsibility. The neighbors have the right to trim any part of the tree that overhangs the property line on their side. If they kill or damage the tree by trimming, they may have some liability, but if the tree poses a danger to them, or their house, they can ask you to cut it down or trim it at your expense. If you don't, and it falls and damages their property, you could be held liable.

All that said; if you want the tree totally removed, work with the contractor to make some type of deal that could involve cost sharing.

If the tree base is on their property, then they can do what they want. If you feel the tree is a danger to your property, then give them notice of the danger in writing (Certified Return Receipt).
 

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