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Tree Nuisances

12 years ago
I dont see too many post on Houzz regarding landscaping issues and how they effect the outside space of our homes and in my case I have a pool and spend much of my time in the back yard so I wanted to ask this question. If you had a neighbor who didnt trim their trees and they were overhanging (the fence line) onto your property and creating a nuisance..........which would you do?

A) I would cut them myself even though the tree limbs require a ladder to reach them and they must be trimmed several times a year so as to not block your walkway.

B) I would ask the neighbor to cut the trees and if they refuse to comply I would sue them.

C) I would try to get the HOA to make the neighbors cut the trees

D) No county ordinances exist because the issue involves private property but if you have another suggestion please choose D and describe it below.
A
B
C
D

Comments (21)

  • 12 years ago
    So far it seems most of you would cut the tree limbs yourself. But these trees are queen palms and grow to be 40 or 50 feet tall and require pruning every 3 or 4 month so....................that's a lot of work for someone to do being that the trees are not even planted on your own property. It requires a tall ladder and in my case i have to pay a gardener to do it since I am disabled and lot strong enough to use a saw and stand on a tall ladder. why dont most of you believe it is the other homeowners responsibility and that they should be forced to pay and or cut the limbs themselves?
  • 12 years ago
    I would ask the neighbors to trim the trees and if they refuse then I would get the HOA involved. If none of that works then I would get an estimate to see what it would cost to have the limbs hanging over onto my property removed. I didn't vote because most of the suggestions seem very aggressive. I wouldn't sue my neighbors over something like this so that's out. I wouldn't get the HOA involved unless I needed too and I certainly wouldn't climb a ladder with a chainsaw to try to trim it myself.
  • 12 years ago
    Well the neighbors have refused. I even sent a demand letter and they just ignore me. The hoa also is not doing its job most likely because they consider it a civil matter. There is no county ordinance to help me. I can have the gardeners cut the limps but its an ongoing problem since queen palms grow fast and need to be trimmed a few times a year. Looks like I will have to go to court. Yes its ridiculous that people can be so mean and inconsiderate of their neighbors.
  • 12 years ago
    As a landowner you also own the space above it, i.e. if a neighbors tree limb extends over your land boundary you can lob it. In the past i had a similar problem...neighbors vine like plant was creeping thru our fence ---> that plant was very aggressive...i only trimmed the parts of that plant that extended actually into our space
  • 12 years ago
    I have always been of the opinion that trees are a good thing and unless they would block the light into my home considerably I would welcome any overhanging trees.
    In any case I believe you are allowed to trim the overhanging stuff yourself so I don't see the problem really.
  • PRO
    12 years ago
    It is always best to ask the neighbors first. Having an open dialog with your neighbors is always your best option. If they can't afford to trim the trees then offer to pay if it's in your budget.
  • 12 years ago
    I wish you could Sue but, I don't think you can. I've got two neighbors pissed at me because I trimmed their tree on MY SIDE OF THE FENCE.
    Sorry, lwa says that part of the tree is mine now. Not that I can put Round-Up on it but, I also can't Sue them to cut it.
  • 12 years ago
    I would now send them a letter of intent that you are going to cut it unless they do something. They might still change their mind. Start looking at quotes for arborists/gardeners to cut it for you. I highly doubt you'll need to cut it multiple times a year, even if it grows quickly. If you want to sue them, you can do so for the cost of the cutting, but who knows how long that'll take.
  • PRO
    12 years ago
    Offer to let your neighbors use your pool if they'll keep the trees trimmed! Win/win.
  • 12 years ago
    Take pictures before and after of what you do. You never know if someone has it in for you they could cut on their side of the fence and blame it on you.
  • 12 years ago
    queen palms are messy. they arent like a regular tree with limbs. i think your HOA needs to get on the ball here and define what's right and wrong. do they have a book of rules and regulations that you can use to bolster your case?
  • 12 years ago
    LOL.. Prosource... They also have a pool... so that idea wont work.

    Mspo... The hoa is ridiculously hard to reason with and yes they were the ones who initially gave the approval for the landscaping to take place so I do feel they are to blame. But has anyone on here sued their hoa and won? I am afraid to even though I want to do it. Its a complicated process. First Internal dispute resolution ( meet with the board and try to get them to take action) than alternate dispute resolution with the attorney for the hoa which costs money for mediation and leads to civil litigation. Most attorneys have advised me that the hoa attorneys have lots of money so if I lose I can end up paying all the legal fees. Which leads me back to having to sue the other homeowners.
    Mark Beaty...I have been taking lots of pics and recently had to cut a few limbs in that they were 5 feet over the fence line and in my face. The owners didnt say anything but the issue is the constant fast growth of these trees and the ongoing nuisance for me. I cant believe there are no public county ordinances that will help me especially since I am disabled and this is also a safety issue. If anyone has dealt with something similar and has ideas on what to do legally I would love to know.
    Krf9... yes good idea and I have a few estimates to cut the limbs so I can use that if I go to court. I did send a demand letter 2 weeks ago and no they never did cut them. These people just seem to be selfish and not care how they effect others.
  • 12 years ago
    I mean send another letter before you cut, just to cover your butt in case they try anything. Good luck!
  • 12 years ago
    Trees were here before our houses were.
  • 12 years ago
    Thanks feeny for that link
  • 12 years ago
    In Australia if the branches are hanging over onto your side of the fence you can cut them off with no worries of litigation or fines.
  • 12 years ago
    I'm fairly sure the law is any part of a tree hanging over to neighbors property can be pruned to the property line, with a caveat...if said pruning causes tree to die,you can be sued for up to 3x the cost of the tree.
  • 12 years ago
    You need to find out what is really legal in your specific area. Go talk to the neighbors again after you find out.
  • PRO
    12 years ago
    If you have no ordinance that dictates a solution/restrictions, you cut them. The are hanging into your property.
  • PRO
    12 years ago
    I would just ask them to cut the trees, if not do it yourself. If it looks better why would they complain :)
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