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Branch hanging in neighbors yard- trimming responsibility

Branch hanging in neighbors yard- trimming responsibility

Old 08-01-17, 03:23 PM
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Branch hanging in neighbors yard- trimming responsibility

My tree has an overgrown limb that hangs over the neighbors property. Theres a renter living there and this guy is getting uptight about the limb. Told me he wants me to cut it.

I told him that I am not cutting it, not worth my time and energy but feel free to cut off the portion hanging over the property line yourself.

The guy wants to send his kid onto my property to climb the tree with a chainsaw and sever the limb at the trunk.

I told him I would think about it. I don't mind him cutting the limb from his side but I don't think its a good idea to have the guy climbing a tree with a chainsaw on my property.

Should I allow this? Perhaps have him sign a waiver? OR just tell him to pound bricks?
Old 08-01-17, 03:46 PM
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You are right that allowing him to climb your tree would put you in a situation where you would be liable for any accident. He would be performing a service for you if you were to give permission, almost like an unpaid employee.

By law, an adjacent homeowner can trim any part of your tree that is beyond your property line (unless it severely impacts the symmetry of the tree) and he can only be on your property with your permission... so if you wanted to be safe, tell him he can trim it from his side of the fence... but that he needs to figure out how to do it from his side.

I don't know that a waiver would hold up in court if he got hurt, but you could take that chance. At the least, someone should hand him the running chainsaw once he's up there... or put it on a rope so that he could pull it up there.
Old 08-01-17, 04:00 PM
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No way would I let him on my property to go up and cut it! Especially a renter! There's a lawsuit in the making.

Tell him no and feel free to cut it. From his side.
Old 08-01-17, 04:25 PM
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It;s your tree, own some responsibility and take care of a potential problem before it happens and be a GOOD neighbor!
Old 08-01-17, 05:20 PM
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Since he is just a renter, here today gone tomorrow, I would be reluctant to cut the limb and I'm not sure he has the authority to do so. Can you contact the owner of the property to discuss the issue with him?

Not sure how big this limb is but if it comes to cutting it I have a long pole with a saw on the end that will handle up to 3 or 4" branches. It extends to about 20'. They also make and probably can be rented the poles with an electric chain saw on the end. Just options other than climbing and cutting from up there.

Old 08-01-17, 07:13 PM
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My 2 cents. er, make that 4 cents.

#1. I agree with Marq. Be a god neighbor and just do it.

#2. In a polite and friendly way explain that for legal reasons it would not be in your's or his best interest to allow him or his son to use your property to cut the tree limb.

#3. Explain to him that since he is a renter, the work and permission must come from the home owner.

#4. Offer to split the cost to have a professional to do it if his landlord is agreeable to it.

You say he maybe here today and gone tomorrow. Is it worth having a bad relationship with him? Especially if he stays. Just what is the problem with the tree limb overhang? A safety issue or a cosmetic issue? You say it's not worth your time and energy. This makes me think cost is not a factor but just you not wanting to do a job that might be necessary.
Old 08-01-17, 08:35 PM
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Unless it's on the order of 6" or more, a sharp bow saw will do the job. No chainsaws on a ladder for me!

I wouldn't let him on my side to do it either (I like Norms #2 method). Let him trim his side, then you do yours once all the little branches are off. Make sure you do a correct cut so it heals and doesn't peel bark. That's if you feel like it of course. He has NO say in WHERE or even IF it should be cut on your side.
Old 08-02-17, 02:09 AM
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I agree, no way would I want the renter on my property, up a tree [or ladder] with a chainsaw. What exactly is the issue with that branch? pics would be nice
Old 08-02-17, 07:39 AM
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Originally Posted by XSleeper
By law, an adjacent homeowner can trim any part of your tree that is beyond your property line (unless it severely impacts the symmetry of the tree)
and he can only be on your property with your permission...
Well, "by law in some states..."
Rules can be different, especially if it's a tree along the division line.
Neighbor might even have a limited right to access the tree trunk.

Otherwise I agree, first is talk to the landlord not just the tenant; second is depending on how big the limb is, probably need a pole pruner or pole saw to trim small branches, then a bow saw to chunk the limb back, and don't rip the bark on the last cut.

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