Tree

We have a large willow tree that is clearly in our yard, but portions of it hang into the neighbor's yard, which is separated by our fence (which helps to visualize the property boundaries).

A verbal consent was recently given by us for the neighbor to "prune" some branches from our tree. Because the tree trimmer did not show on the date stated, I wasn't home when they actually came and "pruned" the tree.

To my amazement, appx. 1/4 of the tree was cut (all from the neighbor's side), and we had a message at home requesting us to pay 1/2 of the cost since it was more expensive than they had first thought.

My questions are this: 1. Is there any legal recourse for so much of the tree being cut away, as the description of "pruning" and the actual outcome were totally different? 2. Shouldn't the tree trimmer have gotten our written consent to do this? Although the neighbors had our consent, the limbs were actually cut next to the base of the tree which is on our property? 3. Because the tree is ours, do we have any financial obligation to provide maintenance to the tree on other's property? The tree actually encompasses 4 properties.

[HomeGuru]

[quote]Originally posted by dotmag:
[b]We have a large willow tree that is clearly in our yard, but portions of it hang into the neighbor's yard, which is separated by our fence (which helps to visualize the property boundaries).

A verbal consent was recently given by us for the neighbor to "prune" some branches from our tree. Because the tree trimmer did not show on the date stated, I wasn't home when they actually came and "pruned" the tree.
****HomeGuru response: it depends on what the definition of prune is. Your instructions should have been in writing, with discussion and agreement directly with the tree trimmers. Also a sketch of the tree or instant photographs clearly marking what branches, where and how far back said branches would be cut. In addition, the actual locations of the cuts should have been marked by red spray paint. A copy of this sketch/photographic document should have been attached to the tree trimming contract beween the neighbor and the tree butcher oops I mean trimmer.

To my amazement, appx. 1/4 of the tree was cut (all from the neighbor's side), and we had a message at home requesting us to pay 1/2 of the cost since it was more expensive than they had first thought.
****HomeGuru response: the neighbor is entitled to cut any part of the tree on or leaning over his property. If the neighbor had 1/4 of the tree cut and the trimming severly damaged or killed the tree, the neighbor would be responsible.
Dpending on the State that you live in, you may be responsible for the bill.

My questions are this: 1. Is there any legal recourse for so much of the tree being cut away, as the description of "pruning" and the actual outcome were totally different?
***HomeGuru response: maybe, may be not.
What was the neighbors' understanding of how much would be "pruned". What was the tree trimmers understanding?

2. Shouldn't the tree trimmer have gotten our written consent to do this?
****No, not if you previously gave the neighbor verbal approval. The trimmer was just acting as a contracor for the neighbor.

Although the neighbors had our consent, the limbs were actually cut next to the base of the tree which is on our property?
****HomeGuru response: without seeing the tree and confirming the legal property line with a current certified survey, I have no foundation to make a call.

3. Because the tree is ours, do we have any financial obligation to provide maintenance to the tree on other's property?
****HomeGuru response: it depends on the circumstances and your respective State laws.

The tree actually encompasses 4 properties.
****HomeGuru reponse: What is the definition of the word encompasses? Is the trunk growing on or in the property of all 4 properties? If so, this condition is known as the tree being stradled. There is a difference between the trunk of the tree growing on the property of others versus the branches of the tree encroaching into the property of others.

Signed,
Willow Weep For Me.



[This message has been edited by HomeGuru (edited August 20, 2000).]