What is the name of your state (only U.S. law)?
MN
Greetings all. First off, thanks for taking the time to read my post.
3 yrs ago I moved into a home with a maple tree near the rear property line. I'd guess ~5-7ft on my side of the line with some other trees maybe 10-15 feet away on both sides of the property line.
I'm unsure of the age of the tree, but would estimate the tree to be ~50ft tall and 2-3ft in diameter at the trunk. The tree appears to be in good health, is not shedding limbs, etc.
As best I can tell, there are no major/noticeable limbs crossing the property line (potentially a few very far up).
Every year in the spring the helicopter type seed pods (samara) fall all over the neighborhood from trees of this species. My tree is no exception. Streets and yards are “literally, littered” with these things for a couple weeks. I have them blowing in from all angles to my property, and samara from my yard no doubt find others' property.
Along with pouring onto my turf and patio, a decent amount fall and blow into my neighbors back yard (many from my tree, no doubt). He has a very lovely paver patio, garden gazebo, grilling/entertaining area that sits very near the tree.
Only through brief conversations in passing, it was mentioned by my neighbor that he had prior discussions about this tree with the original builder/owner of the house. Since we moved in, we have generally had a good relationship, no quarrels to speak of, although we don’t get together a ton or anything either.
In a surprising fashion, yesterday my neighbor wedged some papers in my door. It contained a few short sentences and some printed photos. The wording was an impulsive demand stating that I need to do “something” with my maple tree. He went on to say that the tree was “so dirty”. He photographed/enclosed pictures of helicopter seeds which had accumulated on his patio, furniture, structure, etc. In the third and final statement in the note, he stipulated that "If love the tree then clean up [his] yard". It’s obvious he’s become fed up with the natural seed debris of this tree over the years.
I was a bit taken back upon reading it. I felt a bit like I was being unrightfully scolded and ordered about. The passive-aggressive method in which he crammed commands into my door seemed very nonconstructive to finding a proper, neighborly solution. Obviously many seed pods had/have fallen on his property from this tree through the course of it’s life, I’m hoping/guessing this was my neighbor’s way of being heard and venting. Unfortunately, the note did not contain any suggestions to obtain a reasonable solution to the problem, nor a means/times to get in touch with him to have a responsible conversation.
Aside from trying to be neighborly, is there anything I’m missing here? Am I legally obliged to help physically or financially with any sort of cleanup? I've always assumed that common law applies; and generally, any falling debris onto my property, regardless of source, needs to be cleaned up by me if so desired. I don’t personally have a problem with assisting in yard work if I’m asked in a pleasant fashion. It just did not seem that a productive method of communication was ever even considered.
As far as the tree is concerned, does my neighbor have any grounds to insist that I remove the tree? As far as I can tell the tree is quite healthy and not damaging anything. It just sheds seeds in the spring. I have pruned what limbs I can reach with a pole saw annually since I’ve moved in so I’m not being purposefully negligent or ignorant – I’m making an attempt to maintain what I can under my own control.
I also realize he has a right to self help and may trim any limbs over his property. This does not bug me one bit either – but I should not have to pay for this, correct? And it appears as if tree removal and replanting another would cost a considerable amount of money.
Bottom line, I’m not raving about how much I love this tree in particular; I mean it dumps stuff on my property as well. But I do feel any small irritations with this are far outweighed by the tree’s benefits. The tree does add value to the property and does provide welcomed/wonderful shade/privacy to the patio, lawn, and house in the warmer summer months. If it were to be removed only because of a petty perennial annoyance, it is no doubt I would surely want something there to replace it.
Any thoughts, suggestions, insights, oversights, etc are greatly appreciated! Thanks.
MN
Greetings all. First off, thanks for taking the time to read my post.
3 yrs ago I moved into a home with a maple tree near the rear property line. I'd guess ~5-7ft on my side of the line with some other trees maybe 10-15 feet away on both sides of the property line.
I'm unsure of the age of the tree, but would estimate the tree to be ~50ft tall and 2-3ft in diameter at the trunk. The tree appears to be in good health, is not shedding limbs, etc.
As best I can tell, there are no major/noticeable limbs crossing the property line (potentially a few very far up).
Every year in the spring the helicopter type seed pods (samara) fall all over the neighborhood from trees of this species. My tree is no exception. Streets and yards are “literally, littered” with these things for a couple weeks. I have them blowing in from all angles to my property, and samara from my yard no doubt find others' property.
Along with pouring onto my turf and patio, a decent amount fall and blow into my neighbors back yard (many from my tree, no doubt). He has a very lovely paver patio, garden gazebo, grilling/entertaining area that sits very near the tree.
Only through brief conversations in passing, it was mentioned by my neighbor that he had prior discussions about this tree with the original builder/owner of the house. Since we moved in, we have generally had a good relationship, no quarrels to speak of, although we don’t get together a ton or anything either.
In a surprising fashion, yesterday my neighbor wedged some papers in my door. It contained a few short sentences and some printed photos. The wording was an impulsive demand stating that I need to do “something” with my maple tree. He went on to say that the tree was “so dirty”. He photographed/enclosed pictures of helicopter seeds which had accumulated on his patio, furniture, structure, etc. In the third and final statement in the note, he stipulated that "If love the tree then clean up [his] yard". It’s obvious he’s become fed up with the natural seed debris of this tree over the years.
I was a bit taken back upon reading it. I felt a bit like I was being unrightfully scolded and ordered about. The passive-aggressive method in which he crammed commands into my door seemed very nonconstructive to finding a proper, neighborly solution. Obviously many seed pods had/have fallen on his property from this tree through the course of it’s life, I’m hoping/guessing this was my neighbor’s way of being heard and venting. Unfortunately, the note did not contain any suggestions to obtain a reasonable solution to the problem, nor a means/times to get in touch with him to have a responsible conversation.
Aside from trying to be neighborly, is there anything I’m missing here? Am I legally obliged to help physically or financially with any sort of cleanup? I've always assumed that common law applies; and generally, any falling debris onto my property, regardless of source, needs to be cleaned up by me if so desired. I don’t personally have a problem with assisting in yard work if I’m asked in a pleasant fashion. It just did not seem that a productive method of communication was ever even considered.
As far as the tree is concerned, does my neighbor have any grounds to insist that I remove the tree? As far as I can tell the tree is quite healthy and not damaging anything. It just sheds seeds in the spring. I have pruned what limbs I can reach with a pole saw annually since I’ve moved in so I’m not being purposefully negligent or ignorant – I’m making an attempt to maintain what I can under my own control.
I also realize he has a right to self help and may trim any limbs over his property. This does not bug me one bit either – but I should not have to pay for this, correct? And it appears as if tree removal and replanting another would cost a considerable amount of money.
Bottom line, I’m not raving about how much I love this tree in particular; I mean it dumps stuff on my property as well. But I do feel any small irritations with this are far outweighed by the tree’s benefits. The tree does add value to the property and does provide welcomed/wonderful shade/privacy to the patio, lawn, and house in the warmer summer months. If it were to be removed only because of a petty perennial annoyance, it is no doubt I would surely want something there to replace it.
Any thoughts, suggestions, insights, oversights, etc are greatly appreciated! Thanks.
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often lead to dispute and the neighbor is just venting about a situation where he is powerless. Another approach would be to ask him to pay you some reasonable figure for the tree's value and its removal cost by a licensed/certified/qualified arborist. (This amount is likely a couple of grand for tree + removal cost.) He's your neighbor but you are polite and well spoken and can sugar coat it enough so that he either realizes he is asking a HUGE thing or that he ponies up. He certainly needs to pay something for the value of the tree as well as the removal cost.