Laws requiring trimming of trees?

[drewguy]

What is the name of your state (only U.S. law)? Washington DC

Ongoing saga with neighbor. We live in an old neighborhood with lots of established, old-growth trees (100 years +). We have 3 on our property. She is claiming that they are blocking too much sun and causing mold/mildew on her roof. Putting aside that she probably should trim her own trees, is anyone familiar with any laws/regulations anywhere that require tree trimming for that sort of reason?

None of the trees are unsafe and they have been recently trimmed for deadwood.

I know she has a right to trim branches on her side of the property line, but few if any branches actually are over her property.

 

[Shay-Pari'e]

Neighbor has the duty to trim your trees on her property.

 

[JETX]

is anyone familiar with any laws/regulations anywhere that require tree trimming for that sort of reason?

Absent a local ordinance (check with your local housing agency), there is no statutory obligation to trim your trees for such reasons.

 

[drewguy]

Absent a local ordinance (check with your local housing agency), there is no statutory obligation to trim your trees for such reasons.

I couldn't find any, although D.C. tends to hide things pretty well.

Are you aware of any common law obligations? I can't think of anything that might come close except the doctrine of ancient lights (if I recall the term), but that was applied to building houses too close to someone else's windows and blocking the light. That doesn't likely apply here (and the doctrine is covered by zoning setbacks).

 

[Chris2289]

Hmmm these are always tough ones. if possible, a compromise out of court would be much better for all

 

[drewguy]

Hmmm these are always tough ones. if possible, a compromise out of court would be much better for all

I don't think we're heading for court . . . her approach in the past has been to insist that city regulations prohibit X, Y, Z, and then to threaten to call the city. I'm trying to figure out whether there's any law she could get them to enforce, or if anyone has seen such a law anywhere.

 

[izzie01]

A neighbor of my parents had a Elm that was very large, very old and appeared to be healthy. During one storm a limb about 1 1/2' across broke off and luckily fell in empty driveway. It would have flattened anything. Problem was the next door neighbors house/bedroom sat under a different limb of same size of same tree. They sent in writing to owner of tree about there worries of the tree/limb falling on their (neighbors)house and possibly injuring or killing them and destroying their home. The owner of the tree was then worried about their safety and her liability if anything should happen since she then knew of possible danger from tree. She had 2 trees of the same size removed (cost of about 4,500) She really didn't have the $, tried to get her insurance co to help, ended up borrowing from her parents.

Better safe than sorry.

 

[drewguy]

A neighbor of my parents had a Elm that was very large, very old and appeared to be healthy. During one storm a limb about 1 1/2' across broke off and luckily fell in empty driveway. It would have flattened anything. Problem was the next door neighbors house/bedroom sat under a different limb of same size of same tree. They sent in writing to owner of tree about there worries of the tree/limb falling on their (neighbors)house and possibly injuring or killing them and destroying their home. The owner of the tree was then worried about their safety and her liability if anything should happen since she then knew of possible danger from tree. She had 2 trees of the same size removed (cost of about 4,500) She really didn't have the $, tried to get her insurance co to help, ended up borrowing from her parents.

Better safe than sorry.

Thanks. My neighbor hasn't cited any danger concerns or health concerns. It would be hard for her to do that with a straight face, though, since one of her trees has dropped several good-sized limbs in the last couple of years. I asked her to have it inspected (out of concern much like your parents' neighbor), but the tree company report was that it was healthy.

If there were any danger, I'd willingly trim the trees, but I've had them deadwooded twice in the last three years, and I'm thinking it's a bit much to ask for further trimming out of vague concerns that doing so may create more light.