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Rich Riddle
05-31-2015, 2:34 PM
Heard a chainsaw going on Friday that sounded suspiciously close to the end of our property. Went down our property with a neighbor and found two males cutting down our 100' white oak trees. No apologies or explanations from them. Just seemed upset we caught them. There is no way they could have gotten the oaks cut up in manageable sized logs to get them out.

Myk Rian
05-31-2015, 2:36 PM
You called the police, right?

Rich Riddle
05-31-2015, 2:45 PM
Police were notified but limited on what they could do. The one officer indicated he was surprised I didn't respond with a physical attack. Their excuse was they wanted a bike trail through all of our backyards. They could have made the trail two feet away and not touched a tree. The park where we live has hundreds of bike trails so why they wanted another is questionable.

Chuck Wintle
05-31-2015, 3:03 PM
Police were notified but limited on what they could do. The one officer indicated he was surprised I didn't respond with a physical attack. Their excuse was they wanted a bike trail through all of our backyards. They could have made the trail two feet away and not touched a tree. The park where we live has hundreds of bike trails so why they wanted another is questionable.

are they members of a club? you could send a letter to the club threatening legal action?

Ole Anderson
05-31-2015, 3:11 PM
And they were going to remove the timber and remove the stump to actually make it clear for a bike trail? Bicycle or motorized dirt bikes? Sounds fishy to me.

Frederick Skelly
05-31-2015, 3:21 PM
Police were notified but limited on what they could do. The one officer indicated he was surprised I didn't respond with a physical attack. Their excuse was they wanted a bike trail through all of our backyards. They could have made the trail two feet away and not touched a tree. The park where we live has hundreds of bike trails so why they wanted another is questionable.

Im missing something. Why were the police "limited"? They were destroying your property. Would the police be as "limited" if the goofballs were cutting a hole in the side of your GARAGE to steal your stuff? Im missing something Rich.

Rich Riddle
05-31-2015, 3:56 PM
The story sounds very fishy to me as well. Tomorrow I will go down the hill and photograph the one they started to cut but we stopped them. It will die soon anyway. Irritated doesn't begin to describe the emotion. I meant legally we cannot be "made whole" because they destroyed mature trees that took decades to grow.

Jesse Busenitz
05-31-2015, 4:02 PM
Oh boy..... Sounds like you responded very graciously. I can't say I would've had the decency to respond in the same manner. Timber is not something you "just replace" and move on.

Phil Thien
05-31-2015, 4:16 PM
I hope you know who they are, and that the cops at least issues them a ticket?

Art Mann
05-31-2015, 4:20 PM
The right thing to have done is prosecute these criminals to the full extent of the law. Maybe the OP is planning to eventually do that. If they get away with this destruction of property then they will just be emboldened to do the same thing or worse in the future. Doing nothing is how the civility of a society devolves into savagery.

Lee Schierer
05-31-2015, 4:45 PM
The right thing to have done is prosecute these criminals to the full extent of the law. Maybe the OP is planning to eventually do that. If they get away with this destruction of property then they will just be emboldened to do the same thing or worse in the future. Doing nothing is how the civility of a society devolves into savagery.

My boss where I used to work had the same problem. A neighbor was cutting timber on the boss's land. He filed a damage claim with the local district justice and was able to collect damages. I would prosecute them. Go see your local district attorney if the cops won't do anything.

William Adams
05-31-2015, 4:55 PM
Find some other, accessible area of your property where you lack trees, but would want them. Get a quote from a tree service for equivalent replacement trees. That’s the value you attach to the damage which these vandals have done.

Complain to the sheriff or chief of police that these criminals weren’t charged w/ vandalism, trespassing, reckless endangerment, &c.

Mac McQuinn
05-31-2015, 5:54 PM
Is your property marked off with "No Trespassing" signs? Might be a good idea to plant some game cameras on areas you can't visibly monitor. What is Kentucky's stand on trespassing and signage?
Mac

Art Mann
05-31-2015, 6:01 PM
Find some other, accessible area of your property where you lack trees, but would want them. Get a quote from a tree service for equivalent replacement trees. That’s the value you attach to the damage which these vandals have done.

Complain to the sheriff or chief of police that these criminals weren’t charged w/ vandalism, trespassing, reckless endangerment, &c.

That estimate wouldn't be even remotely close to the loss of a 100 foot tall mature tree that may have grown for 50 or 100 years to get to its current size.

Frederick Skelly
05-31-2015, 6:11 PM
Is your property marked off with "No Trespassing" signs? Might be a good idea to plant some game cameras on areas you can't visibly monitor. What is Kentucky's stand on trespassing and signage?
Mac

I wasn't sure what you intended here Mac, so forgive me if I've got it wrong. But cutting trees is vandalism whether he's got signs up or not. Do state laws on property rights vary so much that it wouldn't be in Kentucky? They were cutting and stealing timber - they were lucky they didn't get shot - or at least shot AT.

Mac McQuinn
05-31-2015, 11:14 PM
I wasn't sure what you intended here Mac, so forgive me if I've got it wrong. But cutting trees is vandalism whether he's got signs up or not. Do state laws on property rights vary so much that it wouldn't be in Kentucky? They were cutting and stealing timber - they were lucky they didn't get shot - or at least shot AT.

Frederick,
In no way am I condoning the cutting of the trees. I am wondering if it comes down to legal action for what took place, what exactly Kentucky requires as far as signage if any. As part owner of a 100+ acre plot, I was instructed by a law enforcement officer to always mark off my property with signage to minimize the possibility of trespassing and/or vandalism/theft. To the OP'er, good luck in getting this resolved. I can only imagine your frustration.
Mac

Mel Fulks
05-31-2015, 11:33 PM
Most disturbing. I know I would press charges, hope it's fairly easy to do in that area. They knew the land was not theirs,no other information was needed to choose civility.

Frederick Skelly
06-01-2015, 7:04 AM
Frederick,
In no way am I condoning the cutting of the trees. I am wondering if it comes down to legal action for what took place, what exactly Kentucky requires as far as signage if any. As part owner of a 100+ acre plot, I was instructed by a law enforcement officer to always mark off my property with signage to minimize the possibility of trespassing and/or vandalism/theft. To the OP'er, good luck in getting this resolved. I can only imagine your frustration.
Mac

I get it now Mac. Thanks for clarifying!
Fred

Mike Cutler
06-01-2015, 7:10 AM
Rich

I have to agree with the others. You need to pursue legal action.
You are now, at minimum, left with two large trees that need to come down. You would have every right to insist that a professional tree service come and do the job.
I'm fairly certain that you have the necessary equipment, and skill set, to fell the trees yourself, but that is not the point. If these trees are the size you indicate, there is a "butt ton" of work involved in getting them safely to the ground, and clearing the trees, not counting surrounding trees that may be damaged in the process. This is not work you intended to do, nor should you have too. Even if you were too simply have it all converted to firewood.

If you do not pursue legal action, this will only happen again. It sucks, and you probably know, or know of, the folks that were involved, but you need to send a clear message to anyone else, that you may not only seek prosecution, but will sue for damages. You would actually be surprised at how much a tree is worth, depending on it's location.

Signs, or not, they knew they were in the wrong, in any state.

Brian W Smith
06-01-2015, 7:38 AM
It happens.....rightly?wrongly?.Once had a cust. who some folks cut trees,from their side yd.He was about ready to shoot them,their response was."We wanted a better view".Right up there with OP's"bike path".

Beats the livin snot out of me where some folks heads are?

Phil Thien
06-01-2015, 8:30 AM
It happens.....rightly?wrongly?.Once had a cust. who some folks cut trees,from their side yd.He was about ready to shoot them,their response was."We wanted a better view".Right up there with OP's"bike path".

Beats the livin snot out of me where some folks heads are?

A friend that owns lake property in up-north Wisconsin had the same thing happen. He didn't see it, but it would seem the improvement would benefit one particular homeowner/neighbor. But without proof nothing could be done. The funny thing is, he is a super-nice guy and had he been approached and asked (over a steak dinner), he'd have likely consented.

There was also a case here in Milwaukee where a guy owns property across the street from a park, and through the park could see Lake Michigan. But his view was obstructed by trees on a hill. So he went over and started removing trees so he could better see the lake.

He was reported by someone and was cited and the case referred to the DA.

BUT... It turns out that when that land was turned into a park (like 100 years ago), an agreement was established that the trees would be kept trimmed so people on that street could see the lake. And, he had asked the parks department several times for the trees to be trimmed so he could see, and was told to pound sand. He found all the original documentation indicating how the land was to be cared for, it was all ignored.

This happened a few years ago and my recollection is foggy and based on what I read in the press. But my first reaction when the story ran was "what a jerk, cutting trees in the park." Later it turned into "well, I guess he had a right."

Matt Day
06-01-2015, 8:37 AM
I've been mountain biking for about 20 years and have been a part of many local clubs and a long time IMBA member. Cutting down large trees is never an option, especially since you're left with a big stump that's not a good riding feature.

Bike path sounds like a very weak story.

Sorry to hear about your trees. Something sounds wrong about what the cops did, or really failed to do. They should have ticketed them on the spot.

Charles Wiggins
06-01-2015, 9:14 AM
The story sounds very fishy to me as well. Tomorrow I will go down the hill and photograph the one they started to cut but we stopped them. It will die soon anyway. Irritated doesn't begin to describe the emotion. I meant legally we cannot be "made whole" because they destroyed mature trees that took decades to grow.

Someone indicated that this was in Kentucky?

This was a crime and they should be arrested:


511.070 Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second degree when he knowinglyenters or remains unlawfully in a building or upon premises as to which noticeagainst trespass is given by fencing or other enclosure.
(2) Criminal trespass in the second degree is a Class B misdemeanor.
Effective:January 1, 1975History: Created 1974 Ky. Acts ch. 406, sec. 102, effective January 1, 1975.
http://www.lrc.ky.gov/statutes/statute.aspx?id=19785

-OR-

511.080 Criminal trespass in the third degree.
(1) A person is guilty of criminal trespass in the third degree when he knowinglyenters or remains unlawfully in or upon premises.
(2) Criminal trespass in the third degree is a violation.
Effective:January 1, 1975History: Created 1974 Ky. Acts ch. 406, sec. 103, effective January 1, 1975.
http://www.lrc.ky.gov/statutes/statute.aspx?id=19786

First and second degree trespassing is specific to a dwelling. The state laws on trespassing have no language with regard to signs, but they would certainly help establish the "knowingly" part pf the existing law. Check local ordinances.

512.020 Criminal mischief in the first degree.
(1) A person is guilty of criminal mischief in the first degree when, having no rightto do so or any reasonable ground to believe that he has such right, heintentionally or wantonly defaces, destroys or damages any property causingpecuniary loss of $1,000 or more.
(2) Criminal mischief in the first degree is a Class D felony.
Effective:June 19, 1976History: Amended 1976 Ky. Acts ch. 183, sec. 3. -- Created 1974 Ky. Acts ch. 406,sec. 106, effective January 1, 1975.
http://www.lrc.ky.gov/statutes/statute.aspx?id=19790

"Criminal mischief in the first degree" is a Class D felony, which means they could get 1 to 5 years in prison.
http://www.lrc.ky.gov/statutes/statute.aspx?id=20028

Of course the value of the tree is arguable, but these dudes did something wring and they need to be punished.

Rod Sheridan
06-01-2015, 9:20 AM
Unbelievable..................Sorry to hear about your trees, that's a travesty............Rod.

Todd Burch
06-01-2015, 10:17 AM
I had this happen a few months ago. In my backyard. My wife heard a chainsaw in the middle of a weekday. I went out there, and my backdoor neighbor, who is an avid wood turner, was cutting down a possibly standing-dead cedar elm tree that was suspiciously close to my property, insomuch as I was was 95% confident it was on my property. I had only moved to the property 2 months prior, and the back property line runs in a low area with a dry creek.

I made several hints to him, asking if he was sure it was on his property, and can you show me where the property line is, etc. He kept clearing <my> underbrush as I talked and questioned it. He finally asked me if I could push on the tree (about 2' in diameter) as he cut it. I told him he had to be kidding, and left.

I guess he was tired, so he quit for the day. I went and downloaded an app for my phone that would assist me in determining my property line, and then I walked the markers and around the tree. The app clearly showed the tree was indeed on my property.

I phoned him up, and told him the tree was on my property. He replied "but it's dead". I replied "it's on my property". He argued "it's going to eventually fall". I replied "it's on my property". He argued more "the bark is falling off". I replied "it's on my property".

He finally got the hint and agreed to let it be. I couldn't believe his gaul and justification. Now that I've been here longer, I can look out across his property, and all he has are immature trees, while everyone around him has giant trees. He's cut all his down. He probably has 5-7 acres. Another time, and it was before this tree incident, I was at his shop, and I was admiring his sweet gums in his backyard. He replied that they were almost big enough to cut down and actually do something with on the lathe.

The guy's a locust, but boundaries are now set.

Ted Calver
06-01-2015, 10:19 AM
If you know or can identify the individuals and perhaps have photographs of them and the damage done, you can seek compensation for the trees lost. Arborists are frequently called upon to assess the value of trees lost or damaged in cases like this. You can find one here: http://www.isa-arbor.com/findanarborist/findanarborist.aspx, or here: https://www.asca-consultants.org/what/whentohire.cfm

Mike Cutler
06-01-2015, 10:30 AM
The guy's a locust, but boundaries are now set.

That's funny, apropos, but still funny.

Pat Barry
06-01-2015, 12:40 PM
I had this happen a few months ago. In my backyard. My wife heard a chainsaw in the middle of a weekday. I went out there, and my backdoor neighbor, who is an avid wood turner, was cutting down a possibly standing-dead cedar elm tree that was suspiciously close to my property, insomuch as I was was 95% confident it was on my property. I had only moved to the property 2 months prior, and the back property line runs in a low area with a dry creek.

I made several hints to him, asking if he was sure it was on his property, and can you show me where the property line is, etc. He kept clearing <my> underbrush as I talked and questioned it. He finally asked me if I could push on the tree (about 2' in diameter) as he cut it. I told him he had to be kidding, and left.

I guess he was tired, so he quit for the day. I went and downloaded an app for my phone that would assist me in determining my property line, and then I walked the markers and around the tree. The app clearly showed the tree was indeed on my property.

I phoned him up, and told him the tree was on my property. He replied "but it's dead". I replied "it's on my property". He argued "it's going to eventually fall". I replied "it's on my property". He argued more "the bark is falling off". I replied "it's on my property".

He finally got the hint and agreed to let it be. I couldn't believe his gaul and justification. Now that I've been here longer, I can look out across his property, and all he has are immature trees, while everyone around him has giant trees. He's cut all his down. He probably has 5-7 acres. Another time, and it was before this tree incident, I was at his shop, and I was admiring his sweet gums in his backyard. He replied that they were almost big enough to cut down and actually do something with on the lathe.

The guy's a locust, but boundaries are now set.
Somewhat similar experience for me at my cabin. I come up one weekend last year and all of the branches (all of them) on a 10 ft tall spruce tree that is on my property (although close to the property line) were cut completely off the tree and the main stem was left intact for god knows what reason. Here my neighbor, who has been there forever decided he wanted a better view. At least he dragged away the branches (LOL) even though I now have a 10 ft tall spruce pole dying on my property. I asked him if he knew about what happened and he admitted cutting the branches down for the view. I told him that I didn't appreciate it and that I don't want him cutting down anything on my property or anything on the border area without the courtesy of telling me / asking me first. The thing is, I have to live next door to this moron and I wanted to be a little better than just punching him in the nose for doing this so I guess I let him off easy. That was the neighborly approach I guess

Mike Lassiter
06-01-2015, 12:53 PM
I'm not sure I will get this EXACTLY right, but to the best I can recall; when we were talking to a logger about cutting timber on the family farm and walking around looking at the trees he had an app on his iPhone that was showing him the property line as we were walking around in the woods. The farm's been in the family about 70 years and old fences were mainly what were relied on to be the "line" and remarks often from mother in-law of "that's a line tree" (meaning it was "on" the property line). Some had wire fence in them that had decades ago been engulfed by the growing trees. But the logger had a lot of concern for EXACTLY where the line ran as we where basically 1300 feet from any road and the property line ran through the trees that had (still haven't ever) never been cut since they bought the land decades ago.

Logger said IF they should cut a tree on another person's land they could be liable for something like 3-5 times the value of the tree. And that applied for EVERY tree that was cut on someone else's property.

I have in my mind pictured a HUGE tree that these guys are cutting. As mentioned the tree is gone now, one way or another. I really hope you have them arrested. It doesn't matter WHY they cut it, it wasn't theirs to cut.

Alan Rutherford
06-01-2015, 2:09 PM
Regardless of what local law enforcement does or does not do, you can sue and it costs almost nothing to do it in Small Claims Court. You probably have a $5,000 limit. Whether you can get that much or not, it will certainly ruin their day for a while worrying about it.

Greg R Bradley
06-01-2015, 2:28 PM
Each state has their own laws but here they are responsible for replacing it with exactly what they destroyed - don't know how they could do that for $1M in a forested area with no access. If your laws are the same they could just sign over their house to you to avoid jail time.

Just the attempt to cut it down will get you jail time and a fine. A friend forced his neighbor to pay $80k for one around 25 years ago.

Around here you would want to talk to a lawyer that specializes in real estate law. I wouldn't want to guess how similar things are in Kentucky.

Jerome Stanek
06-01-2015, 2:38 PM
Back when I worked for a home builder they had me cut some pine trees so a drive could go in. The surveyor marked it out and I cut them down only to find out they were on the neighbors property. Not sure how they handled it.

Rich Riddle
06-01-2015, 5:44 PM
Well, the saga continues. The police called late last night to indicate they had followed someone into the backyard again. They wanted to meet me at an area but it's been raining for a week and was dark. Today we were again pounded with rain so going down wasn't an option. Tomorrow the rain is supposed to stop and I can take pictures. The bike trail story is sounding less and less viable. Who would be biking through our yards in the middle of the night? Wife is very upset. Here is a picture from above. If you notice, there is a line where I stopped taking back the hill. I did NOT kill any live trees just tons and tons of Honeysuckle, vines and weeds. About sixty feet back from that line on the right and almost touching the apartment building in the picture, you will see a tree leaning very bad. It will soon fall and die.

314833

Phil Thien
06-01-2015, 6:10 PM
So Rich, do you have any inkling of their true motivation?

Erik Loza
06-01-2015, 6:18 PM
This is just crazy. In for more developments.

Erik

Dan Hintz
06-02-2015, 7:30 AM
Well, the saga continues. The police called late last night to indicate they had followed someone into the backyard again.

Now I have the popcorn out... if the police followed them in, that means they got an ID and it's on record.

Bert Kemp
06-02-2015, 9:46 AM
0Since were on the tree thing I have a neighbors tree hanging a lot of branches on to my garage/shed . Does anyone have any ideas as to what I can do. I would like to have them cut back to his side of the fence. Can I do it or is he responsible to cut them back and keep his trees from damaging my garage/Shed:confused:

Todd Burch
06-02-2015, 10:13 AM
0Since were on the tree thing I have a neighbors tree hanging a lot of branches on to my garage/shed . Does anyone have any ideas as to what I can do. I would like to have them cut back to his side of the fence. Can I do it or is he responsible to cut them back and keep his trees from damaging my garage/Shed:confused:

I don't know the answer Bert, but where I used to live, my two neighbors across the street got into a xxxxing match over branches. The guy who had the trees and branches (neighbor A), was a jerk. The neighbor whose backyard was covered with the branches (neighbor B) spent a lot of money to install a pool and an outdoor cooking/bar/entertainment center.

B discussed the situation with A and A refused to do anything about it. The homeowners association got involved, and it still could not be resolved. Finally, B called a tree service and had the trees BUTCHERED, right up to the fence line, and I mean straight vertically to the fence line. It looked awful. Then, the letters and threats REALLY started flying between A, B and the HOA. In the end, B was so mad, he sold and moved. It wasn't pretty.

I suspect if A had been amenable to selective pruning, there wouldn't have been any issues.

If it were me, I wouldn't ask and I would trim the branches that were on my roof and do it where it looked nice, and I wouldn't have to do it again for another 10 years.

Greg R Bradley
06-02-2015, 10:27 AM
0Since were on the tree thing I have a neighbors tree hanging a lot of branches on to my garage/shed . Does anyone have any ideas as to what I can do. I would like to have them cut back to his side of the fence. Can I do it or is he responsible to cut them back and keep his trees from damaging my garage/Shed:confused:
The answers get complicated by different laws in each state. Generally, the owner of the tree is responsible for damage caused by that tree. Generally, you can cut back any limbs that cross into your property as long as you don't kill or seriously damage the tree by doing so.
If his tree is hanging on your roof, I don't understand how he couldn't have already talked to you about what should be done about it. Don't you talk with your neighbors?

Mike Cutler
06-02-2015, 10:29 AM
0Since were on the tree thing I have a neighbors tree hanging a lot of branches on to my garage/shed . Does anyone have any ideas as to what I can do. I would like to have them cut back to his side of the fence. Can I do it or is he responsible to cut them back and keep his trees from damaging my garage/Shed:confused:

I would think that yes, you can trim the branches back to the property line. It would probably be your responsibility. I'm fairly certain a call to local town/city hall would give you the correct answer for where you live.

Scott Shepherd
06-02-2015, 10:46 AM
The answers get complicated by different laws in each state. Generally, the owner of the tree is responsible for damage caused by that tree. Generally, you can cut back any limbs that cross into your property as long as you don't kill or seriously damage the tree by doing so.
If his tree is hanging on your roof, I don't understand how he couldn't have already talked to you about what should be done about it. Don't you talk with your neighbors?


Not true in Virginia. If a tree in someone else's yard falls on your house, YOUR insurance pays for it. Straight line winds came through and blew a tree down in my parents yard. It crushed the neighbors truck and landed on the neighbors house and went through the roof. Everyone assumed my parents insurance would pay for it. The insurance man came out immediately, said it was the neighbors problem. The neighbors insurance would have to pay for it all and he walked over and told the neighbors that as well. In fact, he told my parents and the neighbors that if my parents offered to pay for any of it, they would immediately drop them because it would open them up to legal action.

He said, in the State of Virginia, if a tree has one single green leaf on it, then it's considered alive. Doesn't matter if the rest of the tree is dead. He said it is 100% on the person's who's property is damaged, not where the tree fell from. He explained the logic behind it all and it made a great deal of sense when he said it, but I don't recall what the logic was.

There are steps you can take, to protect yourself legally. If you believe their tree is risking damage to your property, he said you had to send them certified letters raising your concern. Then, if something happened, then they would be negligent because you had proof that you had warned them about it.

Needless to say, no neighbor is ever happy when your tree damages their property and they find out they have to pay for it.

It's worth looking into in your state because here, you can't just cut someone else's trees if they aren't on your property. That could land you in jail, along with some serious liability for damaging their property.

Jerome Stanek
06-02-2015, 11:04 AM
Can't you talk the guys that cut your other trees to come over and trim this one

Greg R Bradley
06-02-2015, 11:29 AM
Not true in Virginia. If a tree in someone else's yard falls on your house, YOUR insurance pays for it. Straight line winds came through and blew a tree down in my parents yard. It crushed the neighbors truck and landed on the neighbors house and went through the roof. Everyone assumed my parents insurance would pay for it. The insurance man came out immediately, said it was the neighbors problem. The neighbors insurance would have to pay for it all and he walked over and told the neighbors that as well. In fact, he told my parents and the neighbors that if my parents offered to pay for any of it, they would immediately drop them because it would open them up to legal action.

He said, in the State of Virginia, if a tree has one single green leaf on it, then it's considered alive. Doesn't matter if the rest of the tree is dead. He said it is 100% on the person's who's property is damaged, not where the tree fell from. He explained the logic behind it all and it made a great deal of sense when he said it, but I don't recall what the logic was.

There are steps you can take, to protect yourself legally. If you believe their tree is risking damage to your property, he said you had to send them certified letters raising your concern. Then, if something happened, then they would be negligent because you had proof that you had warned them about it.

Needless to say, no neighbor is ever happy when your tree damages their property and they find out they have to pay for it.

It's worth looking into in your state because here, you can't just cut someone else's trees if they aren't on your property. That could land you in jail, along with some serious liability for damaging their property.
And that is exactly why the first line was "The answers get complicated by different laws in each state." and the other two sentences start with "Generally". Most states will be similar with a few different and you may find some that are downright bizarre. Always best to know the law but even better to know your neighbor and deal with it to the satisfaction of both parties.

Jim Koepke
06-02-2015, 11:35 AM
I'm fairly certain a call to local town/city hall would give you the correct answer for where you live.

In most cases, maybe. It wouldn't stand up in court if they gave you an incorrect answer.

jtk

Mel Fulks
06-02-2015, 12:05 PM
Scott's reply is exactly right in Va. I don't think its makes any sense ,though. I got a price of 500$ to get an arborist to look at a neighbors tree. And they said if home owner was home and told him to leave he would have to do so. Then you gotta
get a sheriff or somebody involved.

Mel Fulks
06-02-2015, 12:14 PM
Bert's case is clear cut ,so cut clear. Never heard of any odd ball variance on that one.

Scott Shepherd
06-02-2015, 12:33 PM
And that is exactly why the first line was "The answers get complicated by different laws in each state." and the other two sentences start with "Generally". Most states will be similar with a few different and you may find some that are downright bizarre. Always best to know the law but even better to know your neighbor and deal with it to the satisfaction of both parties.

Absolutely Greg! I wasn't disagreeing with you, just pointing out how right you were about things being different in each state.

It seems to me like the logic that the insurance company is insuring you and your property and they charged you accordingly. If they were to cover the losses of anything else, then they'd have to come account for all your neighbors stuff, and if they happened to have a much nicer house and car than you, then you'd be paying a lot more for insurance to cover that.

It was based on YOUR property. They cover YOUR property. In fact, they covered to have the 8 feet of the tree and the stump removed, and the yard fixed.

Bert Kemp
06-02-2015, 5:19 PM
Its a rental and her landlord live 60 miles away. I asked her to mention it to him but that was like 3 months ago and I hardly ever see her. Either shes not home or I'm not home. LOL




The answers get complicated by different laws in each state. Generally, the owner of the tree is responsible for damage caused by that tree. Generally, you can cut back any limbs that cross into your property as long as you don't kill or seriously damage the tree by doing so.
If his tree is hanging on your roof, I don't understand how he couldn't have already talked to you about what should be done about it. Don't you talk with your neighbors?

Chris Padilla
06-02-2015, 5:59 PM
0Since were on the tree thing I have a neighbors tree hanging a lot of branches on to my garage/shed . Does anyone have any ideas as to what I can do. I would like to have them cut back to his side of the fence. Can I do it or is he responsible to cut them back and keep his trees from damaging my garage/Shed:confused:

Here in the BA, you can cut back anything protruding over your property line. I'm friendly with all my neighbors and we all have large oak trees that have been here longer than us (and will be around when we're gone) and we always discuss prunings and branch encroachment and such ahead of time.

Greg R Bradley
06-02-2015, 8:19 PM
Its a rental and her landlord live 60 miles away. I asked her to mention it to him but that was like 3 months ago and I hardly ever see her. Either shes not home or I'm not home. LOL
You are probably safe cutting the branches. It is less likely that they would be required to remove them or that you could pay someone to remove them and demand they reimburse you.

You can research laws in Arizona by doing a web search. Sometimes there is info on the websites of your local real estate attorneys.

Brian Elfert
06-02-2015, 9:41 PM
There is a Boy Scout camp here that is on the edge of a suburban area. There is a tall chain link fence between the camp and houses around the camp. Every fall neighbors cut through the fence and cut down small evergreen trees to use as Christmas trees. I don't know if the Boy Scouts contact the police or not. I can't believe people are so cheap as to cut through a fence and steal a Christmas tree.