Tree trimming - how to respond tactfully.

[not2cleverRed]

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

We have received the following email from the next door neighbor. I would like a reality check before responding.

Good Morning,

I am once again experiencing property line overgrowth from the trees and vines on your lot. I have hired a tree professional to cutback and remove the overhang along my property (on both sides). Even though it is actually your responsibility to take care of this problem, I am undertaking it at my own expense to insure it is done in a timely and professional manner. It may be necessary for the tree trimmers to access your property to trim the trees in question, therefore I wanted to let you know in advance so that we would not have any issues.

Also, the tree consultant has advised me that you have bamboo which is beginning to encroach on the property line. He has informed me that it is your responsibility to control this growth, as it may cause future damage to my landscaping & decking. I would be happy to send him by to speak with you about this maintenance, if you would like.

They are coming on Monday, July 11th to service my property.

Thank you, in advance for your kind cooperation.

Please let me know if you have any questions.

Sincerely,
[neighbor snob who has not spoken to us in 5 years]


The main issues *I* have are:
(1) No, it is *not* my responsibility to prune my trees so that they do not overhang her yard, and she should only be cutting things on her side of the property line. She has in the past sent people onto our side of the property line to CLIMB and prune trees 10' from the property line.

(2) My community has NO regulations concerning bamboo. I have checked with code enforcement on the subject. There are places on Long Island that *do* have regulations regarding bamboo, and the stand of bamboo on our side is far enough from the property line (several yards) to be in compliance with those laws, should my community adopt similar regulations. Furthermore, you cannot drive on our street without seeing that everyone else has bamboo in their yard, far more dense stands, and many on the property line (unlike ours).



*** And yes, our family tried greeting her and introducing ourselves when she moved in, but she wasn't friendly. For years, when our house and hers were vacation homes, her landscapers etc. had used our property as a dump. After I became a year round resident and realized that as fast as I cleaned stuff up, stuff was being dumped on our side, I complained. First I complained about grass clippings and dead nursery plants dumped on our side fence. I complained that she shouldn't have a pvc pipe running under her fence onto our property from her jacuzzi. I finally stopped complaining and went to code enforcement after she had the paint blasted off her clapboards and they dumped it in a pile on our side.

 

[justalayman]

As you said, the overgrowth is hers to deal with. You can prohibit her from entering your property


As to the bamboo; be careful; in some areas I have read it was treated as a nuisance and the owner was required to, at least, mitigate the growth onto other lands but if I recall correctly there was s case where the owner of the boo was held liable for damages it caused.

10 feet itself is meaningless. Rhizomes can grow underground great distances. If there is no underground and above ground retention wall, the bamboo can easily and quickly spread to neighboring lots. I'm not where I can research much so hunting down bamboo situstions will have to wait to later for me.

 

[Zigner]

I'm not so sure that the responsibility for cutting the encroaching limbs falls on the other party. Yes, the other party is allowed to cut them, but it could be argued that it is a trespass for the limbs to hang over.

 

[justalayman]

I'm not so sure that the responsibility for cutting the encroaching limbs falls on the other party. Yes, the other party is allowed to cut them, but it could be argued that it is a trespass for the limbs to hang over.

I don't know anywhere a natural growth is considered a trespass nor any place the responsibility lies with the owner of the offending flora. (With the possible exception of plants deemed nuisances such as bamboo)

 

[Zigner]

I don't know anywhere a natural growth is considered a trespass nor any place the responsibility lies with the owner of the offending flora. (With the possible exception of plants deemed nuisances such as bamboo)

Fair enough, but I'll go with a strong "maybe" on this one

 

[LdiJ]

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

We have received the following email from the next door neighbor. I would like a reality check before responding.

Good Morning,

I am once again experiencing property line overgrowth from the trees and vines on your lot. I have hired a tree professional to cutback and remove the overhang along my property (on both sides). Even though it is actually your responsibility to take care of this problem, I am undertaking it at my own expense to insure it is done in a timely and professional manner. It may be necessary for the tree trimmers to access your property to trim the trees in question, therefore I wanted to let you know in advance so that we would not have any issues.

Also, the tree consultant has advised me that you have bamboo which is beginning to encroach on the property line. He has informed me that it is your responsibility to control this growth, as it may cause future damage to my landscaping & decking. I would be happy to send him by to speak with you about this maintenance, if you would like.

They are coming on Monday, July 11th to service my property.

Thank you, in advance for your kind cooperation.

Please let me know if you have any questions.

Sincerely,
[neighbor snob who has not spoken to us in 5 years]


The main issues *I* have are:
(1) No, it is *not* my responsibility to prune my trees so that they do not overhang her yard, and she should only be cutting things on her side of the property line. She has in the past sent people onto our side of the property line to CLIMB and prune trees 10' from the property line.

(2) My community has NO regulations concerning bamboo. I have checked with code enforcement on the subject. There are places on Long Island that *do* have regulations regarding bamboo, and the stand of bamboo on our side is far enough from the property line (several yards) to be in compliance with those laws, should my community adopt similar regulations. Furthermore, you cannot drive on our street without seeing that everyone else has bamboo in their yard, far more dense stands, and many on the property line (unlike ours).



*** And yes, our family tried greeting her and introducing ourselves when she moved in, but she wasn't friendly. For years, when our house and hers were vacation homes, her landscapers etc. had used our property as a dump. After I became a year round resident and realized that as fast as I cleaned stuff up, stuff was being dumped on our side, I complained. First I complained about grass clippings and dead nursery plants dumped on our side fence. I complained that she shouldn't have a pvc pipe running under her fence onto our property from her jacuzzi. I finally stopped complaining and went to code enforcement after she had the paint blasted off her clapboards and they dumped it in a pile on our side.

Dear neighbor,

If you are disturbed by overhang from my trees you are of course free to trim them back to the property line. However, it is not my responsibility to do so. I do NOT give permission for anyone to enter my yard for the purpose of trimming back trees. I will consider it a trespass if anyone enters.

Sincerely,

xxx

-----------------

Now, to go on to add...

I truly do not and never will understand what the beef is about overhanging tree limbs.

 

[AdjunctFL]

Dear neighbor,

I truly do not and never will understand what the beef is about overhanging tree limbs.

Overhanging trees can be a problem. I have a white privacy fence in my back yard which is in an area of the country with high humidity. My neighbor has a tree/bush that overhangs the fence. Where their tree/bush overhangs adds shade to the humidity, resulting in moss/mold on that section of the fence (and only that section.) Consequently, I trim their tree back to the property line. They don't mind, as I never would think of going over to their side and trimming the tree back farther, or asking that they trim it back.

 

[Proserpina]

Overhanging trees can be a problem. I have a white privacy fence in my back yard which is in an area of the country with high humidity. My neighbor has a tree/bush that overhangs the fence. Where their tree/bush overhangs adds shade to the humidity, resulting in moss/mold on that section of the fence (and only that section.) Consequently, I trim their tree back to the property line. They don't mind, as I never would think of going over to their side and trimming the tree back farther, or asking that they trim it back.

This. So much.

They can actually be a huge and very real nuisance.

 

[not2cleverRed]

Overhanging trees can be a problem. I have a white privacy fence in my back yard which is in an area of the country with high humidity. My neighbor has a tree/bush that overhangs the fence. Where their tree/bush overhangs adds shade to the humidity, resulting in moss/mold on that section of the fence (and only that section.) Consequently, I trim their tree back to the property line. They don't mind, as I never would think of going over to their side and trimming the tree back farther, or asking that they trim it back.

Exactly.

This neighbor is sending people to our property to climb trees and cut branches - I still don't get how the tree service is okay with coming on our property on only *her* say so that she has permission.

 

[TigerD]

Exactly.

This neighbor is sending people to our property to climb trees and cut branches - I still don't get how the tree service is okay with coming on our property on only *her* say so that she has permission.

Put a stop to that.
Tell the tree service that they do not have permission to enter your property and post a no trespassing sign.

This is basically Jacque v. Steenburg Homes. (and they said my 1L property class wouldn't come in handy...)

 

[AdjunctFL]

Just for curiosity and completeness, now that July 11 has come and gone, what happened?

 

[single317dad]

I truly do not and never will understand what the beef is about overhanging tree limbs.

TO be clear, my neighbor and I do not have any beef over his limbs, but I do cut his pine trees back. I don't even go to the property line, because that would certainly wreck the 150 or so trees that he planted too close to said property line, but I do cut the lower branches back to where I can mow the fence row without ducking. I have a lot of property to mow, and if I have to duck under sappy white pine branches I'm gonna be grouchy later. We get along well, so if he ever did complain about my tree trimming I'm sure we'd find a compromise (such as him mowing the fence row or trimming his own trees to my satisfaction).

Luckily all my other property lines are unfenced and wooded, so no one cares whose trees are hanging where.