My neighbor, has a couple of pine trees that have some rather large limbs that are hanging into my driveway, is difficult to say the least.

I don't feel talking to him is going to gain much traction in this matter as I would like to run the idea of cutting the limbs down to keep all the sap off my vehicles and garage.

I know I legally own everything that is within the fence line of my property, but was warned by an arborist that if these trees die from the limb removal that I can be held accountable for the value of the trees.

Now I called my lawyer, and he was a little wishy washy on his answer to me. While stating that I owned everything within the fence line and had the right to remove the branches, he also stated that I should talk it out with my neighbor and reach an agreement.

I would do this no problem, but the last time we spoke with him, which was over his dog coming into my fence line and going berserk towards my 5 year old son, he slammed the door in our faces and hasn't spoken to us since.


This is in North Carolina if that makes a difference.

Thanks guys!

I would make up with my neighbor personally.

BBQ, dinner, drinks, etc.

Only, after repeated attempts to mend past ill wills, regardless of fault, would I raise the level of response.

Then, I may look into damage caused by his tree to your vehicles, and let him figure out best course of action to his tree.

Prove damages...

Just cutting limbs, regardless of "right", is not going to win anything for the future.

I’ll answer as a casual orchard maintainer. I would take a few pictures, document the concern, then remove a few branches.

It’s easier on a tree to prune lightly, over time. Say there are 10 branches that you’d like to remove, maybe just take the 3 worst at 1st. After that, dispose of them, see what the outcome is.

‘Normally’ one would talk it over, sounds problematic in your situation. A few branches removed won’t hurt a healthy tree.

quote:

Originally posted by Dreamerx4:
I would make up with my neighbor personally.

BBQ, dinner, drinks, etc.

Only, after repeated attempts to mend past ill wills, regardless of fault, would I raise the level of response.

Then, I may look into damage caused by his tree to your vehicles, and let him figure out best course of action to his tree.

Prove damages...

Just cutting limbs, regardless of "right", is not going to win anything for the future.

It seems easy for sure. Let me give another example. We have a local facebook group for Black Mountain. Before the dog instance I put a shipping container in my yard. My daughter enjoys painting and wanted to practice on the container. I bought her some paint and off she went.

The same neighbor put up a post on there about the container and how much he hated it and wanted it moved. He explained on there that I even let my daughter practice her graffiti on the container and the town should be notified about those criminal acts.

Never said a word to me previously. I confronted him about it at that time, online, and was only accosted more about how we "mean mug" him all the time.

BUT I'll tell you what I'll do. I am going to write the guy a letter and leave all my contact information in it. I'll put it in his mailbox and see what comes of it. If I get no response, I'm going to remove the limbs. I wanted to present him with adding the limb cost I would incur to help remove the trees totally, maybe plant something different there. I'll keep you posted.

I'd talk to your neighbor first. But, here in Florida any branch that is over your property line, you can legally cut.

Maybe hire a professional arborist to do the work? That way, if the tree dies they would be on the hook.

Don't know the exact laws there however; here the laws are such you can cut off anything on your side of the property line with the following exceptions

A. Cutting of the tree's overhang is only accessed from your property (ie, you cannot climb the tree trunk if it's on the other side)

B. The cutting actions do not destroy the aesthetics of the tree (typically applies to ornamental trees)

C. The cutting does not result in the tree's death.

And, you are responsible to the tree's owner for any actions, or resultant actions, by your contractor. The contractor's work kills the tree, your neighbors sue you and you, in turn, sue the contractor to recoup your cost (good luck with that BTW )

If you kill the tree or destroy its aesthetics, you can be responsible for up to 3x the replacement costs, not to exceed something like $40K plus lawyer and court costs.

quote:

Originally posted by Quattro15:



BUT I'll tell you what I'll do. I am going to write the guy a letter and leave all my contact information in it. I'll put it in his mailbox and see what comes of it. If I get no response, I'm going to remove the limbs. I wanted to present him with adding the limb cost I would incur to help remove the trees totally, maybe plant something different there. I'll keep you posted.

Suggest you keep that letter very simple and do not go into details.

"Hi, this is John Doe, your neighbor at 123 Main. Please contact me at 447-WXYZ about the tree next to my property line.

// signed//"

Trust me on this. I have some really dumb neighbors who gave me a full itinerary of cutting branches from a tree which originates in my yard (long story). I showed the letter to a lawyer who indicated that later just became proof of their fault if ANYTHING happens to the tree after being "trimmed."

Had they just gone up and trimmed the tree, some results might have been hard to prove in court (if needed)

Has anybody ever killed a Pine tree by selectively pruning a few limbs ?

i would consider hiring a local tree service to come do the job.

quote:

Originally posted by old rugged cross:
i would consider hiring a local tree service to come do the job.

I was in a similar situation with a neighbor's tree overhang touching my garage. I hired a pro to remove the offending branches while maintaining the tree's aesthetic shape.

Do you live out in the country? Have a lot of land?

If one of my neighbors plopped a shipping container in their yard and started painting it random colors I would absolutely lose my mind. Same goes if someone cut up a tree that originates on my property without having a conversation with me about it. Sure, it might be legal for you to do so, but just like having a shipping container in your yard, It's a dick move.

quote:

Originally posted by Quattro15:

I am going to write the guy a letter and leave all my contact information in it. I'll put it in his mailbox and see what comes of it. If I get no response, I'm going to remove the limbs.

All of that is good, EXCEPT putting it in his mailbox. Don't touch his mailbox. If he is as much of an asshole as I think he is after reading your post, that could be a problem.

Better, just put a stamp on the letter and let the mail carrier put it in his mailbox. In fact, I might go as far as a Certified Letter, with proof of delivery. Then, if no response within a reasonable time that is clearly stated in the letter (fifteen days maybe?) go ahead and cut. Since you already have a lawyer involved, maybe run this past him, or even pay the lawyer to write the letter.

---

True story here, my next door neighbor of maybe 20 years, very friendly, died. House was bought by a guy who was not around much, we spoke very little, neither friendly nor unfriendly, he was just kind of "there."

One day my wife comes into the house, very upset. It seems that Archie's handyman, at Archie's direction, had cut a large limb from one of the trees in our front yard. Damn!

I went out and spoke to him, pointing out that he had every right to cut it at the property line or anywhere on his side, but he had absolutely no right to come fifteen feet into our yard and cut the limb at the tree trunk.

He said that small dead branches had been falling on his new truck, in his driveway, and he did not want his paint scratched.

I asked, "If this was a problem, why didn't you come and talk to me about it? That's what neighbors do!"

He stared for a minute or two, then quietly said, "You're right."

From that point on, until he sold the house several years later, everything was friendly and cooperative. We helped each other, shared the cost of a new fence between our back yards, to keep our respective dogs in the yards where they belonged.

He sold the house recently, I made a point of knocking on the door to introduce myself to the new neighbor and get things started on the right footing.

quote:

Originally posted by Quattro15:
My neighbor, has a couple of pine trees that have some rather large limbs that are hanging into my driveway, is difficult to say the least.

I don't feel talking to him is going to gain much traction in this matter as I would like to run the idea of cutting the limbs down to keep all the sap off my vehicles and garage.

I know I legally own everything that is within the fence line of my property, but was warned by an arborist that if these trees die from the limb removal that I can be held accountable for the value of the trees.

Now I called my lawyer, and he was a little wishy washy on his answer to me. While stating that I owned everything within the fence line and had the right to remove the branches, he also stated that I should talk it out with my neighbor and reach an agreement.

I would do this no problem, but the last time we spoke with him, which was over his dog coming into my fence line and going berserk towards my 5 year old son, he slammed the door in our faces and hasn't spoken to us since.


This is in North Carolina if that makes a difference.

Thanks guys!

Your lawyer may have been wishy washy because sometimes questions like that do not have perfectly clear answers. (Or maybe he doesn't know, and didn't do enough research to be sure.) Press him for a more definitive answer, but be prepared to pay for it.

But, he is certainly right that it would be better to come to a mutual resolution with the neighbor rather than to act unilaterally, even if you are perfectly in the right.

Even if you are entitled to trim the limbs, why would you want to worsen the relationship if it isn't necessary? Even if you are right, he might still sue you. Even if you are right to cut the limbs, but the tree later dies, you could be liable. See where I am going?

Give it a try. Can't hurt and may help.

Helium balloon and a spool of copper wire. Tie wire to tree and release balloon during lightning storm.
I had my neighbor's branches cut back. He said he did not care. Cost was almost a thousand. I had cut on them before but could not reach the now offending branches

Based on the history provided, my gut tells me no approach to this neighbor will provide an amicable solution to the problem. Not to say you shouldn't try. After all, best to keep things out of lawyers and courts hands whenever possible.

My neighbor is a college professor. A department head with a doctorate in his field of education. For 3-4yrs, he and I discussed removal of 6 trees (pine and oak) that were mostly just over the property line and on his property but some major limbs were up to about 15ft over onto my property.

We both wanted the trees gone but I was the only one actively searching for a removal service. A reasonably priced one.

Finally after much discussion over several years with the neighbor, I located a licensed and bonded tree service. I negotiated a price of $6500 to remove a total of 9 trees of various sizes around my property that included the 6 trees between me and my professor neighbor.

All I asked of the neighbor was $1500 as his share of the costs. The neighbor was delighted with that and even went so far as to say, "If you need a little more for my share, let me know."

Now, tree removal can be messy to a yard. Heavy equipment (bucket truck and bobcat) doesn't play nice on lawns. Cranes are sometimes an option but depending on situation and circumstance, may be prohibitive. Any reasonable person would know and expect lawn damage.

Well, the tree removal guys tore up the neighbor's lawn and even damaged 2 heads on his buried irrigation/sprinkler lines.

Professor neighbor complained so much about his lawn that I told him to forget about the $1500 and use it to repair his lawn. I never saw a penny from the neighbor as his share of tree removal that the trunks of which were on his property. I bore the entire cost.

Once on site, turns out the neighbor had also negotiated with the tree service to remove 2 additional pines from the other side of his property. Once the trees were gone, the professor neighbor tried to stiff the tree service on the grounds of torn up lawn and damaged irrigation heads (the professor was trying to "double dip" off me AND the tree service). The tree service knocked off some of the previously negotiated price and even so, had to visit the professor neighbor for several months over an entire season to get paid in full ... if they ever did.

Rather than hire someone to repair his lawn, the professor decided to do it himself and asked to borrow my trailer to pick up a pallet of sod. I loaned him my trailer. Professor knows nothing about lawns or sod and simple tossed the sod down on top of the ground in a checkerboard, CHECKERBOARD pattern. Looked like hell and I actually laughed at his efforts to cut grass as most of the sod did take root eventually.

While the professor neighbor was a dick about the entire endeavor, the trees are gone, our lawns have recovered and life goes on without lawyers or courts and the professor neighbor and I are on good terms ... I just won't ever "do business" with the a55hole ever again.

Do not touch his mail box!!! Send the letter thru the postal delivery service with the proper postage stamp applied. IIRC nothing legally be placed in a postal service recognized mail box without proper postage. Even postal employees/mail delivery personel have gotten into trouble for placing mail type items in mail boxes without proper postage even going so far as being fired.. The mailbox does not belong to the person who receives mail at any address. It belongs to the postal service which is a federal offense to tamper with in any manner. Hope things work out for the better. .................................................. drill sgt.

Just cut it and spray that tar to prevent insects getting into the cut. Pine trees aren't that delicate. Or you can hammer in a few copper nails and wait a year.

I can't imagine grown adults can't sort this out.

Can we see a picture of it while showing the property line.

quote:

Originally posted by p08:
Or you can hammer in a few copper nails and wait a year.

Then use a "nail set" to hide the nails from view. Leave nothing to be seen. Or wait till he goes on vacation and hammer in a pound or two down by the trunk. Kill the damn thing. Then pour some copper solution into another. But not all at once. A couple a year would be great.

Back to the art and painting. Long ago, like 50 years one of my friends bought a house, but still within walking distance of the University. Then we discovered a "walk" in his back yard leading from his back door to the middle of his yard. Then it ended. in 2 large stones. It wasn't a new house. Then somehow he found a few pictures of the house that were maybe 100 or so years old (like civil war era). Right there in his yard was an old outhouse. So in our spare time he/we constructed a work of art. A brand new outhouse.

Pissed off his neighbor. Who then went to the city (shity) and filed a complaint. Seems you can't do that. It became war for a while. The neighbor liked his back yard, but had to give up late night drinking out there. After 10:00, no noise was allowed. Then some minor vandalism, but nothing he could prove. His artist wife to the rescue. He had a garage that really did need painting. One day she went out and painted the side of it with a primer white. Then proceeded to do a picture of a fat black woman, sitting nekkid on a toilet. Larger than life, facing the neighbors patio/back yard.

He called the cops, who were really amused, but told the complaining neighbor it was a civil matter, not their job. But it became their job when he tossed a bucket of paint on the poor, innocent black woman. He'd dribbled paint from where he tossed it back to his garage. You're not allowed to vandalize the neighbor, even if you hate them. He took the Judge's advice and planted some trees.