Trees hanging over boundary

[utah]

Utah

I have a couple of trees that predominately hang over my neighbor's property. They are Russian Olives, an invasive weed tree that I would like to get rid of. The state of Utah encourages removal of these. Problem is more of the trees are over my neighbor's property than mine. The trunks however are on my side.

I want to have them cut and have spoken to the other landowner, he was in general agreement that the trees should go, however I have had trouble contacting him. It would be impossible to cut these without them falling on his property, and one might hit one of his fences. Also he has horses grazing on his side.

What are my rights and obligations in this situation? I am hoping to be able to reach him and come to some amicable solution, but knowing my legal situation before hand would help.

 

[quincy]

Utah

I have a couple of trees that predominately hang over my neighbor's property. They are Russian Olives, an invasive weed tree that I would like to get rid of. The state of Utah encourages removal of these. Problem is more of the trees are over my neighbor's property than mine. The trunks however are on my side.

I want to have them cut and have spoken to the other landowner, he was in general agreement that the trees should go, however I have had trouble contacting him. It would be impossible to cut these without them falling on his property, and one might hit one of his fences. Also he has horses grazing on his side.

What are my rights and obligations in this situation? I am hoping to be able to reach him and come to some amicable solution, but knowing my legal situation before hand would help.

If you hire a competent (licensed, certified) arborist, the trees should be able to be removed from your property without going onto or disturbing your neighbor’s property.

 

[adjusterjack]

I am hoping to be able to reach him and come to some amicable solution

You mean get him to pay part of the bill?

I'm guessing that's why he's avoiding you.

He has no obligation to contribute. But you might be liable for damage to his property, depending on the circumstances.

Beyond that, take quincy's advice and get a professional who can safely remove the trees from your side of the property.

 

[STEPHAN]

If you hire a competent (licensed, certified) arborist, the trees should be able to be removed from your property without going onto or disturbing your neighbor’s property.

(licensed, certified, and insured)

 

[quincy]

(licensed, certified, and insured)

Yes! “Insured” is important!

 

[stealth2]

I'd likely hire an arborist, as suggested above. Otherwise, I'd let the neighbor know that you plan on removing the trees on X date, and you'd like permission to access his property on that date to remove the branches that hang over. Provide your contact info (phone, email, whatever) should it be a problem.

 

[utah]

Thanks for all the input

If you hire a competent (licensed, certified) arborist, the trees should be able to be removed from your property without going onto or disturbing your neighbor’s property.

The competent licensed certified tree cutter I have hired tells me it can't be done. These are trees that lean completely over his fence and lean close to the ground and another of his fences 30 or 40 feet onto his property. Some of the limbs touch the ground. Only the roots and a few feet of trunk are on my property. Trees are already pushing his fence down.

You mean get him to pay part of the bill?

No, and I told him that the only time we were able to speak. I plan to pay the whole cost.

I'd likely hire an arborist, as suggested above. Otherwise, I'd let the neighbor know that you plan on removing the trees on X date, and you'd like permission to access his property on that date to remove the branches that hang over. Provide your contact info (phone, email, whatever) should it be a problem.

I have told him the date in a voice message. He is an older person and has no cell phone or email, just a landline. And may not check his messages very often. Still hoping he will call back.

 

[stealth2]

I have told him the date in a voice message. He is an older person and has no cell phone or email, just a landline. And may not check his messages very often. Still hoping he will call back.

When I was cutting some trees back, including branches on my neighbor's property, I left a note on her door. Her son got back to me.

You could, of course, go over and ring the doorbell (or knock, whatever the case may be). Old school, but effective.

 

[quincy]

Thanks for all the input

The competent licensed certified tree cutter I have hired tells me it can't be done. These are trees that lean completely over his fence and lean close to the ground and another of his fences 30 or 40 feet onto his property. Some of the limbs touch the ground. Only the roots and a few feet of trunk are on my property. Trees are already pushing his fence down.

No, and I told him that the only time we were able to speak. I plan to pay the whole cost.

I have told him the date in a voice message. He is an older person and has no cell phone or email, just a landline. And may not check his messages very often. Still hoping he will call back.

Speaking to your neighbor in person would be smart.

That said, you apparently hired an arborist without a crane/bucket truck? Not all good arborists use cranes but many now consider them essential equipment.

 

[zddoodah]

What are my rights and obligations in this situation?

Since the trees are yours, you have the right to have them removed. Your obligation is to do so in a reasonably safe and prudent manner and, if any damage is caused, to pay for it. If you hire a tree removal company, that company should be able to remove them without causing damage.

 

[quincy]

Since the trees are yours, you have the right to have them removed. Your obligation is to do so in a reasonably safe and prudent manner and, if any damage is caused, to pay for it. If you hire a tree removal company, that company should be able to remove them without causing damage.

And, if the company does cause any damage, they should have insurance to cover the damage.

 

[utah]

Thanks for all the advice. I was able to make contact with the neighbor and come to a simi-amicable arrangement. At this point we are about 90% done, but two of the biggest trees that lean heavily onto the neighbors property remain. They won't be easy, but I think we will get something done.

You could, of course, go over and ring the doorbell (or knock, whatever the case may be). Old school, but effective.

Unfortunately no one lives on his property, only his horses. I have discovered he feeds them at around 8 am every morning so that is helping with communications. He has only a landline, does not answer it, and only checks messages every few days.

Since the trees are yours, you have the right to have them removed. Your obligation is to do so in a reasonably safe and prudent manner and, if any damage is caused, to pay for it. If you hire a tree removal company, that company should be able to remove them without causing damage.

Thanks, good advice knowing that helps. As I said I am trying to get this done as best I can.

That said, you apparently hired an arborist without a crane/bucket truck? Not all good arborists use cranes but many now consider them essential equipment.

No, they have a good grapple, capable of long reaches. However the problem trees are growing in swampy ground along a creek, he just cannot get to the worst of them. He has been trying, but gotten stuck several times - then gave up. These are invasive Russian olives, wet ground like this is where they grow...

In the end we may have to cut the last couple of trees and let them fall on his property. The big one is about 2 ft in diameter and 40 ft tall, with a very heavy lean over his property, ~90% of the tree mass is on his side, I only have the stump. I think we can without damage or horse injury. Problem then is trespassing to remove them. He does not want us to do that, he is worried about his horses. And even if we had permission that would be difficult given the soft ground. It would involve crossing a creek and lots of soft ground, not sure even a 4-wld pick could do it, and certainly not get out with a load of wood. Will try talking with him again about it...

 

[quincy]

Thanks for all the advice. I was able to make contact with the neighbor and come to a simi-amicable arrangement. At this point we are about 90% done, but two of the biggest trees that lean heavily onto the neighbors property remain. They won't be easy, but I think we will get something done.

Unfortunately no one lives on his property, only his horses. I have discovered he feeds them at around 8 am every morning so that is helping with communications. He has only a landline, does not answer it, and only checks messages every few days.

Thanks, good advice knowing that helps. As I said I am trying to get this done as best I can.

No, they have a good grapple, capable of long reaches. However the problem trees are growing in swampy ground along a creek, he just cannot get to the worst of them. He has been trying, but gotten stuck several times - then gave up. These are invasive Russian olives, wet ground like this is where they grow...

In the end we may have to cut the last couple of trees and let them fall on his property. The big one is about 2 ft in diameter and 40 ft tall, with a very heavy lean over his property, ~90% of the tree mass is on his side, I only have the stump. I think we can without damage or horse injury. Problem then is trespassing to remove them. He does not want us to do that, he is worried about his horses. And even if we had permission that would be difficult given the soft ground. It would involve crossing a creek and lots of soft ground, not sure even a 4-wld pick could do it, and certainly not get out with a load of wood. Will try talking with him again about it...

My grandparents had a Russian Olive tree on their property. We used to call it the “ladybug tree” because ladybugs liked to gather on the branches. I didn’t realize they grew so big …

At any rate, it sounds like you are doing what you need to do to remove the trees. I would think that horses would naturally want to avoid any tree work but I can understand your neighbor’s concern. Perhaps your neighbor can arrange to have his horses in their barn temporarily while you remove the remnants of the remaining trees. Perhaps pay him a little money for his trouble (although, granted, the trouble is mostly yours).

Good luck going forward.