What are my neighbors legal obligations?

[hiddey]

Massachusetts

We have a birch tree in our front yard. A large limb from the tree was hanging over our neighbors' walkway (that they do not use.) They recently had their bartender friends come with chainsaws and saw off the limb. They were not professional landscapers/tree surgeons. We understand that because the limb hung over their property they have the right to cut it. We are also under the impression that, if the tree dies/is damaged because of their haphazard cutting, they can be held liable. What we don't know is if they are under any legal obligation to let us know that they were going to cut it...we never even knew this was a problem for them. Thank you to anyone who is able to help us out with this.

 

[panzertanker]

Massachusetts

We have a birch tree in our front yard. A large limb from the tree was hanging over our neighbors' walkway (that they do not use.) They recently had their bartender friends come with chainsaws and saw off the limb. They were not professional landscapers/tree surgeons. We understand that because the limb hung over their property they have the right to cut it. We are also under the impression that, if the tree dies/is damaged because of their haphazard cutting, they can be held liable. What we don't know is if they are under any legal obligation to let us know that they were going to cut it...we never even knew this was a problem for them. Thank you to anyone who is able to help us out with this.

At this point just go next door and say, in a friendly way, we know it was hanging over your side, didn't know it was a problem, next time call us and we will deal with it. Thanks.

No reason not to be nice and try to make friends first.

 

[rmet4nzkx]

As long as the limb collar remains in tact the tree will heal. There is no need to use a treesealer in fact they cause more damage, so if there is a clean cut that is not too close to the tree trunk, it is fine. Professionnal tree surgeons and arborists use chain saws.

 

[hiddey]

they removed the limb very close to the trunk of the tree. it is probably about an inch away from being right at the trunk...how does this change the outcome?

 

[panzertanker]

As long as the limb collar remains in tact the tree will heal. There is no need to use a treesealer in fact they cause more damage, so if there is a clean cut that is not too close to the tree trunk, it is fine. Professionnal tree surgeons and arborists use chain saws.

How can you give out arborist advice, when you CLEARLY are not one????

 

[rmet4nzkx]

How can you give out arborist advice, when you CLEARLY are not one????

To OP
1 inch past the collar should be ok and this is the best time of year to prune Birch Trees, it should scab over naturally. Ask them to let you know in the future if they have a problem so appropriate pruning can be done.

Panzertanker,
Well senior member
Congratulations, on your achievement!
This was covered on TV last weekend.

Here is something about this subject by aborists
Although deciduous trees may be pruned at any time, there are certain times of the year that are better than others. Birch, maple and walnut are trees that should be pruned in the summer because they have a tendency to “bleed” excessively when pruned in the winter or early spring. Pruning is discouraged during two times of the year. During the spring growing season after the leaves have budded out, the tree bark is very tender and may be easily torn. Research has also shown that tree wounds are most susceptible to decay during the fall of the year when trees are in color. If possible, do not prune trees at these times.

Before making any pruning cut, be sure your tools are clean and in good working order. Shears and saws should be sharpened and oiled. Dull cutting tools will tear at tree bark, creating a poor environment for proper healing.

Perhaps the most important aspect of pruning is how the job is done. If branches are improperly cut or if care is not taken during the pruning operation, the tree may be permanently damaged and tree health impaired.

Small limbs may be removed with a pruning shears. Place the blade at the limb collar and cut up. Leave the limb collar on the tree since it is important for the healing process. Do not make the pruning cut perfectly flush with the stem, since a larger wound will be created.

Remove larger limbs with a saw, using the three-cut method. The first cut is made from the bottom of the branch and no more than one-third of the way through. The second cut is made directly over the first cut, allowing the branch to fall free, without splitting the wood or tearing the bark. Now cut away the remaining portion of the limb, being careful not to damage the branch collar.

It is not necessary to apply wound dressing after the limb has been removed. Research has shown that wound dressing does not promote healing. If dressing is desired for cosmetic purposes, apply a thin layer of commercial wound dressing. Do not use materials not meant for the purpose. They may be toxic to the tree.

 

[PJMN]

Why is this about a tree and I am reading about abortion? shesh.
The tree was on their side, they should have politely asked you to trim it first, but not everyone acts the way they should. You also allowed it to grow over to their side. It baffles me when people plant (don't know if you planted yours yourself) they don't realize trees grow and if YOU want a tree it should grow inside your property lines.

Call a local greenhouse and ask, I am sure they can answer you in one call.

 

[hiddey]

We already tried being nice about the whole thing. It didn't work. they just started yelling profanities at us.

The pruning info is helpful. Thank you. Maybe if I give a copy of it to them they will follow it. The cut they made is not a very clean one. They definitely didn't start from the bottom as the bark is all torn away from the tree where the limb ripped off after being cut from the top. We are in the process of trying to hire a professional to do the pruning since the fruit trees we have are in need of care as well.

We did not plant the tree ourselves. My grandmother planted it when she bought the house about 60 years ago. At that time the neighborhood was very different and all the neighbors got along. Someones tree branches growing past the property line weren't a big issue.

 

[carofl93]

Why is this about a tree and I am reading about abortion? shesh.

Um, arborist refers to trees, not abortion....that would be abortionist.