Who's Trees Are They Anyway???

[rlathey]

Trees on my property have branch's that hang over the lot next to mine . I have been informed , by letter ,that the developer has decided branch's will have to be cut off or the trees cut down because they interfere with the house he has under construction. I have until Tue. (7/18) to tell him how I feel about what he intends to do (received letter 7/15). As I have owned this property for 30 yrs. and have enjoyed the beauty of MY TREES against what was a beautiful field full of wildlife before this greed driven hack of a developer got his hooks in it , my position is if it is on MY side of the line HE CAN'T TOUCH IT!!! What are my rights ?????
Troubled in Ohio.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by rlathey:
Trees on my property have branch's that hang over the lot next to mine . I have been informed , by letter ,that the developer has decided branch's will have to be cut off or the trees cut down because they interfere with the house he has under construction. I have until Tue. (7/18) to tell him how I feel about what he intends to do (received letter 7/15). As I have owned this property for 30 yrs. and have enjoyed the beauty of MY TREES against what was a beautiful field full of wildlife before this greed driven hack of a developer got his hooks in it , my position is if it is on MY side of the line HE CAN'T TOUCH IT!!! What are my rights ?????
Troubled in Ohio.<HR></BLOCKQUOTE>

My response:

Write him a letter informing him that he is allowed to cut tree branches, only, and only up to the property line. That if he touches the main tree or goes over the property line for any of this, you will file trespassing charges. Also, if the main tree is cut down or harmed in any way, you will sue, not only for trespass, but also for the value of the tree.

IAAL



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[cleokato]

Not a lawyer myself, however, I have read in a law text something about encroachment of trees on others property. I think there is some law in (Canada and perhaps the U.S.) that allows you to request tree limb cutting if lets say my neighbours tree limbs were in some way preventing me from the full enjoyment of my property or causing rot on a shed roof or alik.

I think I could request that they be trimmed back. (I would be very surprised and fight all the way if I had to cut the offending trees down though!) Good Luck and
thank God for trees!

 

[Tracey]

IAAL is correct. However, shearing a tree up the invisible property line is very stressful for the tree & may kill it. Why don't you arrange to meet with the developer & an arborist to see which exact limbs are interfering & if there is a way to remove those limbs without killing the tree? The developer accepts a few overhanging limbs, & you prune the tree closer to the trunk than he is allowed to. If the developer gets shirty, you can always threaten to get a temporary restraining order pending a survey of the actual property line. That may halt construction, which D does NOT want.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.