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May 1, 2008
Tree Issue
A beautiful old cherry tree in my backyard has 1/3 of its branches overhanging my next door neighbor's backyard. They have complained about it to us before: they dislike the pink blossoms floating into their yard. To appease them, we have had it trimmed but for the short time that it is in bloom, the wind does blow the blossoms into their yard...a pretty high level problem, if you ask me. Today, another neighbor alerted me that the complaining neighbor has now hired a tree cutting service to cut down all the branches on their property. This will most likely kill the tree and at the very least will severely compromise its health. I've read the NY Times article on this site but it does not address NY legal laws. What can I do to stop them from cutting a significant number of branches?
I also wonder if anyone has tried to landmark a tree?
In the interim, short of sitting in the tree, which I plan to do tomorrow, what legal steps can I take to prevent them from cutting the tree?
Advice appreciated!
Comments
I'm afraid your (incredibly miserable, misanthropic, nature-hating, redneck, asshole) neighbor has every legal right to cut off branches that are overhanging the property line. Are the blossoms destroying the color integrity of your neighbors monotonously gray concreted-over yard?
Posted by: johnife at May 1, 2008 8:10 PM
I see you've met them. But can they really cut down the branches if doing so will kill or compromise the tree?
Posted by: jlo at May 1, 2008 8:17 PM
Hating trees and the leaves that fall from them is so white trash. As are cement backyards. They go together, these two things. These are the types who only want to be able to hose everything off and do no maintenance whatsoever in their yard.
Posted by: guest at May 1, 2008 8:22 PM
This is a site for DC related tree trimming, but this will give you an idea of what your neighbor has in store if they prune your tree and eventually kill it. If I were you, I would take photos and document it's current condition.
The site lists some laws in DC; there may be similar NYC laws, but I'm not sure.
http://ask.metafilter.com/59795/Pruning-a-neighbors-tree
I think I've met your neighbor before also. They have a shaved mullet and drive a pick-up truck, don't they?
Posted by: guest at May 1, 2008 8:50 PM
agreed 8:22, I work all day and want to enjoy my weekends not spend time mowing the lawn, trimming bushes and chasing squirrels out of my garden. I didnt realize that was a sin.
Posted by: guest at May 1, 2008 8:50 PM
Ah. I found a NY Times Q&A article on this. Print and show to your neighbor tomorrow.
If the link doesn't work, just go to NYTIMES.COM and search for "tree pruning legal"
Posted by: guest at May 1, 2008 8:57 PM
What are the rules on cutting roots rather than branches? Can your neighbor force some root pruning on you by digging down in their yard?
Posted by: guest at May 1, 2008 10:38 PM
They can do whatever they want as long as they don't kill the tree. If they kill it, you can sue them.
Posted by: guest at May 1, 2008 11:47 PM
What exactly would you get if you sued them? How are you going to value the tree and suing them once it's dead wouldn't bring it back. Why don't you take responsibility for your property by calling an arborist in every year or so to properly cut back all overhanging branches? Then they won't have an excuse to attack your property and they'll just have to cope with the assaulting petals.
Posted by: guest at May 2, 2008 12:22 AM
replacement cost of a full grown tree that is mature enough to bloom and be a nuisance = more than you'd think.
Posted by: slick at May 2, 2008 2:57 AM
People shouldn't think they can do whatever they want. If this tree were affecting the structural integrity of your neighbors foundation walls, that's one thing. Some blossoms falling on their property? What a loser. They should get over it. I hope there is a confrontation with them today and it shows up on the 6 o'clock news.
Posted by: guest at May 2, 2008 7:29 AM
12:22: I DID prune the tree as they asked. But what they object to are the petals. And what's so ridiculous is that even if they cut down all the branches on their side, the branches on my side would still have petals that the wind will carry to their yard.
Anyone have any information about landmarking a tree?
Posted by: jlo at May 2, 2008 7:51 AM
How tall is the tree now?? If you really love it and are afraid it will die then you can have it moved more centrally into your yard. Cost will depend upon height and root ball size. Is it too big for 4 guys to move?? If so I guess you can't get any heavy equipment into the yard.
I had my apple tree moved; not because it was a problem, I just wanted to move it. In fact I moved it closer to the neighbor's yard. But my neighbors are not like that jackass you have next door.
Posted by: daveinbedstuy at May 2, 2008 8:50 AM
OK..if there are no branches hanging onto their property and it remains solely a petal issue then tell them to go ^%$**^ themselves. What would be the ramifications of just telling them that??
How 'bout posting a photo of the two yards!!!!
Posted by: daveinbedstuy at May 2, 2008 8:55 AM
How about you trim the branches on their side and offer to clean up the petals on some regular basis. It sounds like they are averse to the 'work' not the actual tree. Thus address the 'work'.
Posted by: guest at May 2, 2008 10:52 AM
12:22 try reading the post.
"To appease them, we have had it trimmed"
Posted by: guest at May 2, 2008 11:38 AM
lemme guess...you live in carroll gardens and you're neighbor is an old fart italian guy who lives in the building he grew up in so he doesnt pay a cent but still complains all day. i know him well...unfortunately.
Posted by: guest at May 2, 2008 11:41 AM
11:38 YOU should try reading the post. It indicates that while the OP "trimmed" the tree, they did not cut off all branches crossing the property line. The OP says flat out that these are what the 3rd neighbor said the next door neighbor hired someone to cut off.
I simply suggested that the OP hire someone they trust to do it in a way that won't kill their tree. The petals will be something the neighbor can complain about but will just have to live with.
Posted by: guest at May 2, 2008 1:00 PM
what the flying flip?
All this drama due to blooming, then snowing petals that last ALL OF 2 WEEKS? Some people are just assholes, through and through. Give me a break.
Posted by: guest at May 2, 2008 2:21 PM
Oh, and i have the exact opposite situation. My neighbors have a huge beautiful blooming tree and I LOVE when it snows in my yard.
Clean up is nothing. htey are meant to mulch out. granted I may have to sweep the small patio so it doesn't clog the drain on the few sparse days it snows heavily.
Posted by: guest at May 2, 2008 2:25 PM
8:55: Tried to photograph the yards, but the tree branches are so high, I can't get them and the fence in the same shot.
Yes 2:21, all this for 2 weeks of pink petals floating into their backyard.
My lawyer says the law is on their side, and that they can cut whatever is in their yard, but that they can't harm the tree. Anyone know of an arborist who can asses just how much is too much? And the cost of a replacement tree? How sad is this?!
Posted by: jlo at May 2, 2008 2:26 PM
All of this hysteria is for nought. I can assure you that cutting the branches of your tree will not kill it - it will probably be good for it actually. It may look lopsided and homely, but in terms of health, it will be fine.
Posted by: guest at May 2, 2008 3:18 PM
Call the Brooklyn Botanic Garden to ask about pruning or for a referral to an arborist. The have a free call in help line. If you are pruning that heavily they will probably recommend some kind of fungicide be put on the cuts.
www.bbg.org
Posted by: guest at May 2, 2008 4:41 PM
We also have a rear neighbor with a magnificent cherry tree. It rains down pink blossoms that create a two to three inch thick covering. I have to rake up regularly for about a week. I love the look of it, though - so I'd never want the tree to go away. We had some branches that hung over so far they were above the rain gutters on the back of our house trimmed last year. You'd have to really cut away at a mature cherry to kill it. We used Urban Arborists. I advise you call in a professional arborist to trim the tree in a healthy, visually pleasing way that gives your neighbors a break. If they are still upset -- offer to rake up for them for the week or so it creates a mess in their back yard.
Posted by: parkslopemom at May 2, 2008 6:51 PM
Jlo, have you asked an arborist to come look at it and make sure it would really die if it were pruned to your property line?
There might not actually be a conflict here... they can't do anything else to you if the branches are cut.
Posted by: guest at May 2, 2008 7:29 PM
You can't landmark a tree.
Posted by: Putnamdenizen at May 2, 2008 7:53 PM
As parkslopemom says these are very hardy trees. I wouldn't worry about the health; just the aesthetics of a very off balance tree. We have always thought as this time of year as Barbie time in front of our house. Until it rains I even like the pink covered sidewalks. The weird thing of course is your neighbors still will have blossoms.
Posted by: lauriec at May 3, 2008 4:40 PM
"You can't landmark a tree"
Actually,Putnamdenizen, you can.
The magnolia tree outside of what later became the Magnolia Tree Earth Center on Lafayette Avenue was designated in 1970.
Posted by: Bob Marvin at May 3, 2008 8:34 PM
See "The Tree that Owns Itself" in Athens GA.
http://en.wikipedia.org/wiki/Tree_That_Owns_Itself
"FOR AND IN CONSIDERATION
OF THE GREAT LOVE I BEAR
THIS TREE AND THE GREAT DESIRE
I HAVE FOR ITS PROTECTION
FOR ALL TIME, I CONVEY ENTIRE
POSSESSION OF ITSELF AND
ALL LAND WITHIN EIGHT FEET
OF THE TREE ON ALL SIDES
WILLIAM H. JACKSON"
Posted by: guest at May 4, 2008 12:41 AM
I don't know of anyone in the city that might do it, but you can 'appraise' a tree elsewhere.
Did you go to your neighbor after you talked with their neighbor? Maybe you can buy some time to find an arborist you trust with (1) appraisal for future record (2) trimming to your neighbors liking (3) maybe moving it as someone has suggested.
You neighbor does sound unreasonable, but if you're willing to shell out the cost instead of him/her maybe they'll work with you instead of against you.
RE: appraisal, talk to whom you think it the best garden center or landscape architect to see if they can refer you to someone in NYC or have someone come out from Staten Island or other suburbs to do it.
Please keep us posted. It's unimaginable to think that there are those today celebrating in BBG the very tree your neighbor wants cut!
Posted by: guest at May 4, 2008 11:30 AM
The neighbor relations thing is one thing, but the rule is that the neighbor can trim whatever part of the tree is in their yard, but cannot kill or injure the tree.
Posted by: donatella at May 5, 2008 2:15 PM
I will keep you all posted. Thanks for all the advice!
Posted by: jlo at May 5, 2008 2:49 PM
A sad note, I'm the poster from may 2, 2:25pm.
Our neighbor's beautiful blossoming tree had a serious issue last night.
A giant section equalling about 1/3 of the tree fell off! WTF!? It looked, and still looks so healthy.
Thoughts? Termites? Rot? Blight? I hope the whole tree doesn't have to come down.
Posted by: guest at May 5, 2008 3:39 PM
You could make a big fence between the petals and the neighbors.
Posted by: guest at June 7, 2008 7:24 PM
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