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August 11, 2007
Massive Tree Doomed?
There is an enormous tree in my neighbor's yard. It towers above my three-story home, shading my yard, creating privacy, and providing a pleasant in-the-tree-tops feel.
This tree must be over a hundred years old and, to me, it seems a crime to remove it. It would seriously decrease my personal enjoyment of my home and, I believe, reduce the values of our homes. It is an exceptional tree and furthermore, it is up against a power pole (sorry, I'm blanking on what that's called).
It is in his yard, but can he really legally remove it? (We are landmarked). If so, how would you handle it? I'm considering offering to pay for regular clean up of his yard. What's reasonable? If he's not allowed, do I call 311?
I do not want to cause trouble, but the thought of this tree being cut down upsets me greatly.
Thank you for your advise!
Comments
This would be a great forum post to include a picture with!
Posted by: brownstoner at August 12, 2007 8:27 AM
I just sent this article to another poster with tree issues... perhaps the info can answer some of your questions too...
http://query.nytimes.com/gst/fullpage.html?res=9D0CE0DA143CF930A35752C1A967958260
Your neighbor's tree sounds
so beautiful... hope that it can be saved.
Posted by: bren at August 12, 2007 10:09 AM
Back yard trees are the property and responsibility of the owner (of the yard it is rooted in). I had a similar issue with one of my trees and unhappy neighbors who wanted me to keep it. There are no rules, regardless of landmark status on back yard trees (especially with the presumed liability). He has every right to remove it, provided it is rooted in his yard. His tree removal company must ensure safety to neighboring properties. You also have the right to cut overhanging branches over your property line.
Posted by: guest at August 12, 2007 11:31 AM
11:31 Guest: I'm very disappointed to hear that, but it sounds like you have experience with this.
So, if my neighbor has the right to remove the tree, how would you go about trying to convince him to keep it? I think I have some solid arguments, but also think money may talk better. Do you think that's a good/bad idea?
I figure giving him a money ($500?) annually (for his yard clean-up) makes sense. If I gave him a lump sum, he could turn around and cut the tree down.
Also, I'm concerned because he's removing it himself. This tree's roots are undoubtedly in many neighboring properties.
We're planning to talk to the neighbor this afternoon.
I'd really appreciate your input.
Posted by: clintonhiller at August 12, 2007 11:46 AM
As an owner of a property with such a tree (actually I HAD 2 such trees) I see both sides of the picture. First, I am assuming that the owner wants to take it down.
Why? Is it diseased? Dangerous? Too high maintenance? Causing too many problems with water issues (leaves and seeds clog drains and gutters causing all manner of problems). You need to know what is going on with the tree. I bought my place almost 3 years ago and since then, I spent 6,000 dollars on trees. I took down an enormous diseased silver maple at a cost of 3500 dollars in total. It was massive and leaned over my neighbors' (several properties), and was a disaster waiting to happen. It didn't happen because I took it down.
The other one is a Norway maple which stretches over 7 properties. It is beautiful, probably 75 feet high and probably a lot like the tree you describe. It suffered from deferred maintenance and I had it trimmed last year at a cost of 1500 dollars and this year the Nor'Easter snapped two large limbs, which were perched like missles in the top of the tree -- an emergency costing 1,000 dollars. I sweep a small garbage bag of seeds per day and the terrible storm last week swept errant seeds over my drain causing a lake outside my kitchen door which made it into my kitchen (and cellar).
Are you getting my drift? My tree is majestically beautiful, it is also an expensive, high maintenance pain in the ass.
Regarding "rights" to the tree, the
tree is your neighbors. He/she is responsible for any damage it might cause to others and may remove it. It has nothing to do with landmarks. That doesn't stop you from having a conversation about it.
Posted by: donatella at August 12, 2007 2:05 PM
I had a similar delema with a tree in our yard. I hired an arborist from BBG to come out an assess. Here are some questions to ask: What is the overall health of the tree? What are it's longevity prospects? Don't assume it's healthy and will live on for another 20 years. Can it be pruned to keep it's health, relieve the problems and still look like a beautiful tree? Maybe offer to pay 2 or 3 arborists come out and assess the tree. If it's a problem that can be solved with constant pruning, offer to pay for that.
Posted by: guest at August 12, 2007 10:02 PM
I had a related issue with the neighbors tree in his front yard. I spent most of my garden time cleaning up after seeds and leaves from trees not in my yard, spent money paying to prune branches scraping my roof after he refused to and also had to get someone out to remove the tree roots from my waste line. That corner of my garden was never able to grow much because of the roots.The tree was beautiful but it was costing me money and time on a regular basis. When the lot was sold the tree was removed for a development. Obviously I'd rather have the tree than a big, incredibly ugly building but it was an opportunity for me to pick a better choice of tree for my own front yard. My neighbor to the back has had their silver maple split branches twice, causing damage to their property both times and my property once.
Keep in mind, back when that tree was planted there was probably very little thought given to the consequences of planting such a large tree in an area with so little space. That was really not taken into account much in that era and when planted, I'm sure it was quite small. I've taken many a course in landscaping at NYBG and I've talked to the 2 arborists when they came out to deal with each of my two neighbor's trees. Generally speaking, their consensus was that the species that were planted when Brooklyn was being developed really are completely inappropriate for the sites they were planted on. And most people have not been maintaining their trees properly so many are weak and damaged, thus dangerous.
Look at this as an opportunity for you, if possible. Maybe you can plant a smaller tree more appropriate for the site and proximity to buildings in your own yard. I redid my front yard garden and added a much smaller tree with a much less aggressive root system. I had the pleasure of picking something I really liked that will be much less likely to cause the same kinds of problems that my neighbors trees have caused. I also have the joy of getting to watch it grow and can start maintaining it from the beginning. You now have a similar opportunity- go for it!
Posted by: kensington gal at August 13, 2007 1:04 PM
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