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trees on property line?

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mom2z

Junior Member
What is the name of your state? Pennsylvania

We think our property ends about 8-12 inches from the side of our driveway. Our neighbor planted trees either on or near the property line long before we moved in. They are tall evergreens and since they are so close to the driveway it makes it difficult for the person exiting/entering the car on that side to get in and out. We are having a surveyor come out soon to determine the exact location of the property line.

My questions are these:
1. If the trees were planted on the property line do I have a legal right to remove the trees without his consent (he allowed us to remove the one closest to the sidewalk since it was a danger to pedestrian--we couldn't see around it--but wouldn't allow us to remove anymore--previous owners informed us the trees were on his property so we were obligated to ask).
2. If the trees were planted completely on his side am I allowed to trim the branches back completely to the propertly line?
3. If I do trim the branches back and for some reason it kills the trees am I obligated to pay him some sort of compensation?

Thanks!!
 


HomeGuru

Senior Member
mom2z said:
What is the name of your state? Pennsylvania

We think our property ends about 8-12 inches from the side of our driveway.

**A: what do you mean you think? We provide legal advice based on facts. Now tell us what your recent survey states with respect to the trees and your property lines. I did not read the rest of your post.
*******
Our neighbor planted trees either on or near the property line long before we moved in. They are tall evergreens and since they are so close to the driveway it makes it difficult for the person exiting/entering the car on that side to get in and out. We are having a surveyor come out soon to determine the exact location of the property line.

My questions are these:
1. If the trees were planted on the property line do I have a legal right to remove the trees without his consent (he allowed us to remove the one closest to the sidewalk since it was a danger to pedestrian--we couldn't see around it--but wouldn't allow us to remove anymore--previous owners informed us the trees were on his property so we were obligated to ask).
2. If the trees were planted completely on his side am I allowed to trim the branches back completely to the propertly line?
3. If I do trim the branches back and for some reason it kills the trees am I obligated to pay him some sort of compensation?

Thanks!!
**A: see above.
 

rmet4nzkx

Senior Member
You can generally trim the trees back to the property line without a problem. You might ask an arborist or tree surgeon to inspect the trees and see if you can reach an agreement with the owner of the trees to trim the trees back all around and up to a certain height so as not to create other problems. If you simply trim back to the property line that may encourage growth making your problem worse.
 

mom2z

Junior Member
HomeGuru...

HomeGuru,

Further down in my post you'll see I mention the fact that the surveryor is scheduled to come out soon. He hasn't actually done anything yet. I said we think it is 8-12 inches because that is what the previous owners told us. We specifically asked them about the trees and the property line because we knew they'd be a nuisance. They told us the trees belong to our neighbor giving us just 8-12 inches between the tree roots and the driveway.

I just want to know what rights I have so that once the surveyor is done next month we'll be able to take immediate action.

Thank you!
 

HomeGuru

Senior Member
mom2z said:
HomeGuru,

Further down in my post you'll see I mention the fact that the surveryor is scheduled to come out soon. He hasn't actually done anything yet. I said we think it is 8-12 inches because that is what the previous owners told us. We specifically asked them about the trees and the property line because we knew they'd be a nuisance. They told us the trees belong to our neighbor giving us just 8-12 inches between the tree roots and the driveway.

I just want to know what rights I have so that once the surveyor is done next month we'll be able to take immediate action.

Thank you!

**A: ok. I'll take a look.
 
S

seniorjudge

Guest
mom2z said:
HomeGuru,

Further down in my post you'll see I mention the fact that the surveryor is scheduled to come out soon. He hasn't actually done anything yet. I said we think it is 8-12 inches because that is what the previous owners told us. We specifically asked them about the trees and the property line because we knew they'd be a nuisance. They told us the trees belong to our neighbor giving us just 8-12 inches between the tree roots and the driveway.

I just want to know what rights I have so that once the surveyor is done next month we'll be able to take immediate action.

Thank you!
rmet4nzkx gave you the correct answer except I don't know what an arborist is. Is that a person who arbors a grudge?
 

rmet4nzkx

Senior Member
seniorjudge said:
Then what's a harborist?
LOL, that is a mispelling of the word, Arborist, found only on Iowa websites:
URBAN STANDARD DIVISION 9 - SITE WORK & SPECIFICATIONS FOR ..... experienced tree surgeon or harborist. c. Repair, replace, and/or return to original condition any damaged item,. without additional compensation. ...
http://www.iowasudas.org/specs/div9/documents/9070pt1.pdf
RETAINING WALLS
... branches, and root systems to remain and to be protected shall be repaired and/or pruned by an experienced tree surgeon or harborist. ...
http://www.erl.dot.state.ia.us/Apr_2004/US/content/9070.htm
GABIONS AND RIP RAP ... existing trees or shrubs, branches, and root systems to remain and protect shall be repaired and/or pruned by an experienced tree surgeon or harborist. ...
http://www.erl.dot.state.ia.us/Apr_2004/US/content/9050.htm

I keep forgetting you are from the show me state :confused: ;)
 

HomeGuru

Senior Member
rmet4nzkx said:
LOL, that is a mispelling of the word, Arborist, found only on Iowa websites:
URBAN STANDARD DIVISION 9 - SITE WORK & SPECIFICATIONS FOR ..... experienced tree surgeon or harborist. c. Repair, replace, and/or return to original condition any damaged item,. without additional compensation. ...
http://www.iowasudas.org/specs/div9/documents/9070pt1.pdf
RETAINING WALLS
... branches, and root systems to remain and to be protected shall be repaired and/or pruned by an experienced tree surgeon or harborist. ...
http://www.erl.dot.state.ia.us/Apr_2004/US/content/9070.htm
GABIONS AND RIP RAP ... existing trees or shrubs, branches, and root systems to remain and protect shall be repaired and/or pruned by an experienced tree surgeon or harborist. ...
http://www.erl.dot.state.ia.us/Apr_2004/US/content/9050.htm

I keep forgetting you are from the show me state :confused: ;)
**A: yup, he showed us and it don't look so good.
 

mom2z

Junior Member
please...

Okay now that we all know about arborists/harborists would someone PLEASE (PRETTY PLEASE) answer the 3 questions I posted.
Thanks!!
 

rmet4nzkx

Senior Member
mom2z said:
Okay now that we all know about arborists/harborists would someone PLEASE (PRETTY PLEASE) answer the 3 questions I posted.
Thanks!!
It was answered in #3
rmet4nzkx said:
You can generally trim the trees back to the property line without a problem. You might ask an arborist or tree surgeon to inspect the trees and see if you can reach an agreement with the owner of the trees to trim the trees back all around and up to a certain height so as not to create other problems. If you simply trim back to the property line that may encourage growth making your problem worse.
 

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