Tree causing damage to pool and gutters

[mommatee75]

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

I have an above ground pool in my backyard which is fenced in. My neighbor has very large tree on her side of the fence that is very well maintained and manicured (on her side) however the tree has grown well over the fence.

It drops acorns into our pool which is hard on the liner (the pool is 2 summers old), and the leaves from this tree are ankle deep in our yard and have weighed down our upper gutters.

We have asked her to take care of the tree and she refuses. All of her bushes, trees, and landscape is growing through the fence, and we have taken care of it previously by trimming etc.

However now it's becoming a serious problem (mainly the tree) and has proven will be costly in the future.

Should I contact an Attorney since the tree is hers, on her property, and her responsibility? OR, should I contact my Home Owners Insurance?

Thank you.

 

[drewguy]

Why did you place your pool under a tree that has been there for years?

Your rights are that you can cut the tree back to the property line so long as doing so does not harm the tree or cause its death.

I advise against this, however, since you are likely to end up with a lopsided tree and the leaves and acorns are likely to come over anyway, since they don't always fall straight.

How about a pool cover?

 

[mommatee75]

Our yard is on the smaller side. In the middle of the yard was the only place the pool would fit (24x52). The pool has a cover and we deal with tree leaves on it.

But the biggest problem is all of the branches on her overgrown tree cause unreal shade on the pool, and the branches, are in fact, directly over the pool. Seeing how she doesnt maintain the tree, the acorns fall directly into the water, harming the liner, not to mention the filter when they try to go through.

All I want her to do is cut the branches back that hang over our yard JUST like she does the branches on her side. But she refuses. I called my homeowners insurance and they advised me I was not responsible and it was on her.

I work for an Attorney but this is not really his field, so, I thought I would put this out there to see what advice I could get before I had my boss write her a letter.

 

[Zigner]

Our yard is on the smaller side. In the middle of the yard was the only place the pool would fit (24x52). The pool has a cover and we deal with tree leaves on it.

But the biggest problem is all of the branches on her overgrown tree cause unreal shade on the pool, and the branches, are in fact, directly over the pool. Seeing how she doesnt maintain the tree, the acorns fall directly into the water, harming the liner, not to mention the filter when they try to go through.

All I want her to do is cut the branches back that hang over our yard JUST like she does the branches on her side. But she refuses. I called my homeowners insurance and they advised me I was not responsible and it was on her.

I work for an Attorney but this is not really his field, so, I thought I would put this out there to see what advice I could get before I had my boss write her a letter.

Cut the tree yourself. Again, the tree was a known condition when you placed the pool...

 

[mommatee75]

If it was as simple as "cutting the tree myself" I would. However...the tree is very tall (and no the tree was not this tall and out of control when we first moved in and installed the pool).

If we were to cut the tree, someone would need to climb up the tree, the tree IS ON HER SIDE OF THE FENCE and we are not going to go onto her property to do this.

Therefore I was wondering what can be done to make her take care of her own tree since it's causing damage.

But nevermind I will just have my boss or one of the Lawyers in the Firm handle it.
Thanks anyway

 

[drewguy]

1) I don't think you can complain about the light and shade given you knew the tree was there. I'm not sure it's possible to "maintain" a tree in a way that prevents acorns or leaves from falling other than by removing it altogether.

2) That said, we have told you what your rights are. Ask her for permission to have a tree company climb the tree so that you may maintain it on your side in the way she does on her side.

3) You cannot force her to do anything with her tree under Kentucky law unless it is dying or hazardous. Dropping acorns or leaves in a pool is not a hazardous condition, nor is causing shade. That is the natural condition of a tree. You are limited to "self help" which means doing it yourself.

Tree companies regularly confront problems of this sort and have all manners of cranes and such that allow access without trespassing.

 

[csi7]

If the tree is so high that it requires a tree company to maintain it, how does she keep her side of the tree well-maintained from the ground? If the tree company is only maintaining the tree on her side, then a request to the tree company to maintain the entire tree is not unreasonable. If the tree is lopsided on your side, make certain you have pictures of the changes in the tree over the years to show the tree company for advice. Most tree companies will provide a free written estimate on cost of providing tree pruning to keep a tree healthy. By establishing the plan of action to keep the tree healthy, you have a better chance of finding a reasonable solution to the regular maintenance issue of the tree issue.
Would this tree be a problem if you did not have the above ground pool?
If the problem started due to the only location of the pool being placed where it is, then have documentation to show this information.

 

[AnnetteG]

Why does SHE have to pay for this sort of maintainence? Even the leaves..she has to use HER electric to blow the darn leaves.. and then worry about discarding them. OR she will have to hire someone to come in an trim this tree. I say not fair. I would contact a lawyer or perhaps a mediation lawyer... then see what they have to say for themselves. You want a tree? Be prepared to prune it and clean up after it.

 

[Banned_Princess]

Why does SHE have to pay for this sort of maintainence? Even the leaves..she has to use HER electric to blow the darn leaves.. and then worry about discarding them. OR she will have to hire someone to come in an trim this tree. I say not fair. I would contact a lawyer or perhaps a mediation lawyer... then see what they have to say for themselves. You want a tree? Be prepared to prune it and clean up after it.

lol, u say not fair. Like thats how we get our laws and practices.

Whoever told you life was fair. (or the law was fair) Liiied. to u.

 

[mommatee75]

Why does SHE have to pay for this sort of maintainence? Even the leaves..she has to use HER electric to blow the darn leaves.. and then worry about discarding them. OR she will have to hire someone to come in an trim this tree. I say not fair. I would contact a lawyer or perhaps a mediation lawyer... then see what they have to say for themselves. You want a tree? Be prepared to prune it and clean up after it.

I actually sent this woman a letter, received no response, so I hired a tree company and literally shaved the tree completely back to the property line, it was an absolute FANTASTIC summer!!!!!!!!!!!!

 

[Zigner]

I actually sent this woman a letter, received no response, so I hired a tree company and literally shaved the tree completely back to the property line, it was an absolute FANTASTIC summer!!!!!!!!!!!!

Congrats on your solution.

 

[drewguy]

literally shaved the tree completely back to the property line, it was an absolute FANTASTIC summer!!!!!!!!!!!!

I'll bet the tree enjoyed the summer too.

 

[nextwife]

So you put a pool under an already existing variety tree that grows large and drops acorns and now complain it drops acorns? Even if it weren't over your pool at all, acorns carried by the wind, or squirrels could easily end up in the pool. You chose to put a pool where there was already a tree an complain beacause the tree grows and does tree stuff.