A Tree That Grows On My Property Has A Large Branch That...

[arwalden]

... crosses the fence line, and that also is sagging down into my neighbor's "space". He doesn't like it. He's afraid it could snap-off at any minute and KILL SOMEONE! (Oh dear.)

Who do you think is responsible? Should I go through the trouble and expense of chain-sawing a branch in HIS yard that happens to be connected to a tree that's growing out of MY yard?

Or... Should I tell that he is well within his rights to cut it himself? (He is, isn't he?)

Aren't things like this pretty much settled-law? If my pecan tree drops pecans in his yard, then they are HIS pecans. Right? -- If my oak tree drops a branch that damages his shed, then it's HIS responsibility, right?

[Alleycat]

1. Yes He is allowed to trim it

However aren't you worry how he'll do that. He could make it look horrible and if he doesn't do a good job it could affect the tree and it's health. I guess it depends on how much you like the tree.

[arwalden]

5. It's Not A Tree That I Notice Or Care About...

... it's hanging over into my rear-neighbor's back yard.

If he wants to trim it back all the way to the fence line... that's FINE with me.

[Richardo]

2. Is it threatening the shed where he keeps the leaf blower?

You may just want to let it fall. Or even weaken the branch a tad.

[SmileyBoy]

3. You should probably trim it off for him.

It's technically on his property, and if he doesn't like it, he technically has the right to ask for it to be cut.

[China_cat]

4. If it should fall and do any damage

YOU will be held responsible. (Been through this with the 'anything green and growing hating' neighbor.) For the sake of the health of the tree and your own liability issues...trim it back yourself.

[arwalden]

8. I'm Not So Certain About The Liability Issue...

... at least in Maryland, I think that the law says the owner of the property where the limb FELL INTO is responsible for his own damages. The person who owns the property that the tree grows out of isn't liable...

UNLESS, the property owner is CUTTING DOWN a tree and it falls into the neighbors yard and house... THEN the property owner (tree owner) is responsible, because it was HIS actions that caused something to happen. I think.

But if it's a tree that falls because of ice, snow, wind, or lightning... then the tree "owner" isn't liable. I think. Maybe.

Perhaps.

Besides, I'm not too fond of this guy anyway. So there's no love lost.

[China_cat]

9. It is here in SC

you own it, it does damage, you're liable. Period. Like I said, we've been through this.

[LostinVA]

15. I would bet the law in MD says you're responsible

It is YOUR tree, not his. It will say he legally can trim it, but not that he is responsible for it.I don't understand why someone would be responsible for damage down by a tree that isn't his.

[gollygee]

19. We had this happen

and it was the neighbor's insurance that had to pay for his shed.

The tree went down in a storm - I don't know if the fact that it was storm damage made a difference.

[Digit]

24. The fact that it is "sagging" is the key, I believe

For instance, my neighbors have a dead tree which is making me nervous since it could fall and damage my house. If it falls during a storm, or anytime it darn well pleases, they will have to pay for the damage to my property.
A few years back, we had an ice storm and a limb from an otherwise healthy tree located on THEIR property fell and damaged my fence. My insurance had to pay for my damage. There was no existing hazard, so I did not even think to ask them to pay.

In your case, it could be deemed a hazard. For one thing, he has let you know, and in addition, he could have pictures.

This could vary from state to state, but think about it.

[gollygee]

6. We had one tree that was bugging our neighbor

and my husband finally just cut the branches down to shut him up.

Then a storm came and knocked a different tree down that took out his shed.

His insurance covered the shed. I don't remember whose responsibility it was to clean up the tree because we decided that we'd just split the cost. Most of the tree was in his yard so it might have been mainly his responsiblity, I don't remember.

[Beetwasher]

7. Do You Like Him?

Is he an asshole?

I dunno, for the sake of comity you might offer to cut it if it really bothers him, or tell him that he's free to cut it. If he gripes about it and says that you should do it, it may not be worth the aggravation and you should just cut it. :shrug:

[cmd]

10. Republican or Democrat?

If he's a rightwinger, let him complain. Maybe the limb will fall on him and justice will be served. On the other hand, if he's a good Dem, help him saw it off.

[otohara]

11. That's What I Would Do

because these days, I won't lift a finger to help anyone who voted for Bush

[trof]

12. During Hurricane Ivan

a neighbor's tree blew down on my fence.
My problem, not his.

[SoCalDem]

13. Send him a notarized letter..certified..

authorizing him to cut the offending branch.

That puts the safety issue in HIS hands, and should let you off the hook :)

[LostinVA]

16. It's the exact opposite in VA

I have a neighbor who had a broken tree on his property -- about a 60-foot tree, being propped up only by another branch. One good storm, and it would have landed right on my house. The law said to send them a certified letter telling them to take it down, and send it and a copy of the signed slip to my insurance compnay... just in case. He removed it the next week.

I had the same thing happen: one of my big trees broke ina storm and would have smashed my neighbor's shed sooner or later. I paid to have it taken care of.

[SoCalDem]

18. Op said the tree limb is not broken.. just a bother to the neighbor

A broken limb would be a different story..

Our neighbor once complained about our tree and asked to borrow our chain saw to cut a limb.. we said sure, loaned him the saw (which he screwed up) ..he tossed the cut limbs into our back yard :grr:

[LostinVA]

23. I guess I didn't write everything I thought I did

In VA and NC: you are responsible for trimming any part of your tree that encroaches onto some else's property, if they sk or if it's a hazard. And, if any part of your tree cause damage YOU are responsible.

If the neighbor thinks there's a hazard and asks the tree's owner to trim a branch, they legally have to in at least some states -- and on Judge Judy!

[LostinVA]

14. Legally, you are responsible for trimming it

This happened with my parents and a neighbor.

If his shed is damaged, YOUR insurance will pay for it, not his.

[gollygee]

21. It must be different in different states

since we had the opposite experience when our tree fell on our neighbor's shed. His insurance paid for it.

He should maybe find out how it works in that state.

[La Lioness Priyanka]

17. i personally think you are responsible....

but maybe you can ask your neighbour if he has a chain saw so you dont have to buy one

[hobo_baggins]

20. cut the branch...

and care about the tree damn it...its alive.

[arwalden]

22. Too many other trees to "care about"... they might get jealous.

So I ignore them all equally. :hi:

[rustydog]

25. Where I live, he can hire someone to trim it and bill you

if your branch breaks and damages his property, you are liable.