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April 15, 2009
Advice on Neighbor's Tree
I know I can trim any branches of a neighbor's tree on my side of the property line, but my question is a variation on this theme:
My neighbor behind me has a beautiful, old, HUGE tree in her yard. The branches spread over 8 or more lots and the lowest branches are taller than our houses...more than 45 feet up. This tree may have never been pruned; it has many, many dead branches and needs a professional pruning because they will have to climb the tree to get to anything.
When I moved in two years ago, my yard had a lovely 50'+ pine tree and the assessment was that the other tree won the war and my tree would eventually be pushed over. I had it removed, at a cost of around $1200.
Since then, the neighbor's tree has regularly been dropping branches in my yard and I've asked her twice, by note, to have the tree pruned. The request was ignored and the arborist that took down my tree told me she wasn't going to do it. (He'd just done work for her.)
Right after a massive yard cleanup, the recent wind storms have dropped more branches; this time 2 huge branches...at least 7' long. (The diameter is probably around 8".)
So l-o-n-g story done, my big question is do I have any recourse to make her prune the tree. As always posted here, I will try again to be neighborly and speak to her directly, (I used the notes last time to not put her on the spot...) but her past disregard has me wondering what she's required to do, as I sincerely don't think this expense is my responsibility and I can't afford to just flit it but I'm concerned about the increasing hazard and nuisance. Thanks!
Comments
You have the right/responsibility to prune any branches from her tree that are overhanging your property. Hence why you see some otherwise beautiful trees hacked up at the end of someone's property line. I don't believe you can compel her to prune, unless there were truly extreme circumstances (i.e. you could go to court and prove your family/property is in imminent danger because of this tree).
Since she may be interested in the "look" of the tree, you could try to tell her you are planning on pruning the branches overhanging your yard and see if she will do it herself out of concern that you will make a mess of her tree.
Posted by: setancre at April 15, 2009 9:55 AM
I feel like the above strategy is a good one. You have a small chance that the neighbor will take responsibility of the pruning. But more than likely you will end up with the bill. It may be worth chatting the adjacent (7) lot owners and maybe you can cut the pruning bill in half or by thirds if any of them have similar concerns. And since you asked for the tree owners input on the pruning in advance, you will keep your relationship with the neighbor cordial.
Posted by: Argyle Road at April 15, 2009 10:15 AM
If it's a hazard, you can get help from Sanitation or Bldg. Dept. if she won't give your arborist access to the tree to trim the deadwood. Neighbors & I did a co-operative trimming last year - each paid $200 on a $1200. job on one tree.
Posted by: Arkady at April 15, 2009 10:23 AM
Or just count yourself lucky that you have a beautiful tree to look at every day from the privacy of your own home, and consider the vagaries of nature as a small maintenance fee for having such beauty in your proximity.
I have to clean up the garbage strewn by slobs passing my house every day, and I would do anything to replace those (mainly unattractive) humans with a gorgeous giant tree any day. But alas . . . neither can I prevent them from being ugly and in my sight line, nor can I charge them a monthly fee for the time and effort I take to clean up after them.
Like I said, count yourself lucky.
Posted by: iz at April 15, 2009 10:35 AM
Guys, do you have any sites that list the actual law stating that we are able to trim neighbors tree if it extends onto our property?
I'm having the same problem and just want to be sure I'm within my rights to do something about it. Neighbors tree extends into my front yard so much that I can only use one side of the front stairs.
Thanks much
Posted by: bk_bstoner at April 15, 2009 10:39 AM
I think if you search the archives someone cited the code a few months ago.
Posted by: Arkady at April 15, 2009 11:53 AM
you can cut any branches over into your property as long it does not hurt the integrity of the tree. a realestate agent or lawyer would have the exact law. vist a realtor
Posted by: meme at April 15, 2009 12:21 PM
you can cut any branches over into your property as long it does not hurt the integrity of the tree. a realestate agent or lawyer would have the exact law. vist a realtor
Posted by: meme at April 15, 2009 12:21 PM
OP here...I do consider myself very lucky...the tree is the first thing I look at every morning. But that doesn't negate the imminent hazard of large falling deadwood from a tree I don't own. So although I know I'm within my rights to spend the $ to prune it, is the consensus that there's no existing law that the owner needs to comply with? Thanks again to everyone.
Posted by: nodnyc at April 15, 2009 12:28 PM
OP: I suggest you review this article, even though it is old, and then search for
NYC tree ordinance, in the event it exists: http://www.nytimes.com/1991/11/03/realestate/talking-trees-a-special-branch-of-the-law.html
You may be interested in this link, too: http://www.dec.ny.gov/lands/4957.html
I recommend against making assumptions concerning your neighbor's property. There is existing Real Property Law that may provide for triple damages against *you* for acting without permission. I appreciate what you are trying to achieve. However, you'd be foolish to rely on either consensus or encouragement from this forum as the basis for your actions.
Posted by: vinca at April 15, 2009 1:01 PM
Vinca, thanks so much. I'd read that NY Times article, which is a great resource, but the NYS info is new to me and also great info. I'd never trespass; the question for me is the expense of the pruning. I've also thought of seeing if the other neighbors would want to do it cooperatively.
Posted by: nodnyc at April 15, 2009 1:16 PM
Nodnyc, I appreciate your intent from your posts and also appreciate the expenses, which are not small. Just a word to the wise: whether or not *you'd* trespass, and/or what your original motivation or intent, are not guaranteed to figure into a neighbor's reaction and/or litigation. I heartily endorse speaking with your neighbors. I also recommend you request guidance from your insurance company, or consider requesting that they communicate directly with your neighbor.
If you're not already familiar with it, the link below has many more useful resources, though none directly specifying tree ordinance: http://www.milliontreesnyc.org/html/resources/links.shtml
Posted by: vinca at April 15, 2009 2:28 PM
NODNYC,
I'm just curious...how old do people in the yards there estimate the tree to be? If the bottom branches are at 45 feet off the ground and the canopy spans eight lots as you write, the tree sounds to be quite old. I'm wondering if it might be a plane tree? I'm guessing at this since plane trees can, over many years have a huge crown, have very high-off-the-ground lowest branches and can have a lot of branch fall in storms and high winds.
In fact, I usually see a number of branches, often perfectly alive, fallen from plane trees in Fort Greene after any big windstorms whereas the oaks only have minor branch drop, and then only long-dead branches.
I have to say, a tree that spreads its canopy over 8 lots (I assume 4 lots backing 4 lots) sounds spectacular.
We have a rather large tree in our yard but it luckily is not prone to any branch fall. It's a type of native cherry that is both very strong and flexible at the same time. No branch, or even twig that I can remember, has yet fallen off the tree, and it's now taller than the house. I think the neighbors appreciate it luckily. Yes, it casts shade but thank goodness because the yards and houses would be incredibly hot in the summer if they had full sun for more hours.
On questions NOPNYC: does the tree hanging over your yard shed a ton of seeds creating a weed situation? If not, count yourself lucky.
Posted by: BrooklynGreene at April 15, 2009 6:09 PM
hmmm I'm confused by this part of the post.
"When I moved in two years ago, my yard had a lovely 50'+ pine tree and the assessment was that the other tree won the war and my tree would eventually be pushed over. I had it removed, at a cost of around $1200."
You had a tree that you removed because it would eventually be pushed over? Like, in 100 years? Or in 10? And who made this assessment?
More importantly, why the price tag? Are you inferring that the owner of the large tree is somehow responsible for this cost?
Something in this whole complaint seems strange.
Posted by: iz at April 16, 2009 12:00 AM
OP here with a few requested responses:
BG: It's a willow tree...most branches are long & reedy while some of the larger ones have heft. My next door neighbor remembers it being planted, which places it at around 75 years old, although that always surprises people...it looks like it's over 200 years old! No seeds/weeds, just long thin leaves, so you're right, it could be worse!
IZ: I had three different arborists come to the same conclusion. The tree would be pushed over sooner than later; not in the neighborhood of 100' years. Regarding the price tag, I'm really inferring that I've incurred a large hit due to the size of the remaining tree already (which was my responsibility) and I'm not in a position to pay an arborist more $$ to prune the willow (after requesting access), which I feel (and wanted BS feedback on) is the tree's owner's responsibility. I'm still unsure if it's legally her responsibility though. Hope that helps clear up your questions.
Thanks!
Posted by: nodnyc at April 16, 2009 12:49 PM
I have a tree which stretches over 7 properties. I have it pruned it regularly, but from other experiences with trees, you can protect your property by pruning the tree on your property with the caveat that you can not damage the tree. It is a bother but it is probably worth it to have a conversation with the neighbor about it. You may be stuck with doing pruning yourself but see how far you can go with your neighbor. You are best off looking to be a partner on the tree with the neighbor since these trees are really expensive to prune. You might check with your insurance company to see what they would pay for if you had damage. If the tree roots are in the neighbor's yard, they will be liable for any damage to your property from the tree but check with your insurance company.
Posted by: donatella at April 19, 2009 5:51 PM
Yikes! It's a willow?!!! It should be ripped out...
Oh well. Sounds like that isn't going to happen any time soon.
It must drop a lot of those strappy branches and sway like mad in windstorms.
Willows can split down the center when they're older, have a center core that starts to go or are hit by lightning...but who wouldn't split if hit by lightning?
I wonder if this willow has done anything to the rear foundations of the houses.
Please give a the names of the streets bounding your block so we can look on the satellite photo!
The wonders of the Internet! My mother is, no doubt, rolling in her grave.
Posted by: BrooklynGreene at April 20, 2009 4:01 PM
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