- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Hypothetically, can you ask your neighbor to trim his tree back that's over your property?
Posted on 6/16/23 at 8:17 am
Posted on 6/16/23 at 8:17 am
I just bought a house and rear neighbor has a young but mature oak with a sizeable limb coming over the fence over my property by 10-15 feet.
At this point it is a good distance from causing any potential damage except for the fence, but do I have the authority to trim it back or request it be done when/if I decide it's time?
Thanks
At this point it is a good distance from causing any potential damage except for the fence, but do I have the authority to trim it back or request it be done when/if I decide it's time?
Thanks
7
Posted on 6/16/23 at 8:25 am to thegreatboudini
quote:LINK
do I have the authority to trim it back or request it be done when/if I decide it's time?
quote:
Art. 688. Branches or roots of trees, bushes, or plants on neighboring property.
A landowner has the right to demand that the branches or roots of a neighbor's trees, bushes, or plants, that extend over or into his property be trimmed at the expense of the neighbor.
A landowner does not have this right if the roots or branches do not interfere with the enjoyment of his property.
Acts 1977, No. 514, §1.
Posted on 6/16/23 at 8:27 am to thegreatboudini
I’ve just cut them myself before and I’ve asked before, if you’re friendly with the neighbor just talk to him about it, if not and it bothers you just cut them back and if they say something apologize and say you didn’t know
Posted on 6/16/23 at 9:06 am to Korkstand
quote:
A landowner does not have this right if the roots or branches do not interfere with the enjoyment of his property.
If it pisses me off every time I look at it, wouldn't that technically be interfering with the enjoyment of my property?
Posted on 6/16/23 at 9:15 am to Korkstand
Thanks. I'm in Texas. I'll search for something similar.
Posted on 6/16/23 at 9:27 am to LSU-MNCBABY
quote:Illegal in La and you're asking to get sued.
I’ve just cut them myself before and I’ve asked before, if you’re friendly with the neighbor just talk to him about it, if not and it bothers you just cut them back and if they say something apologize and say you didn’t know
Posted on 6/16/23 at 11:06 am to thegreatboudini
Have you considered just asking him to do it and seeing if they would oblige? If he rejects the request, ask if he would mind if I do it. If rejected again, then I would look into some sort of legal statue; but I would not start a relationship flaunting laws.
Posted on 6/16/23 at 11:09 am to TigerGman
quote:
Illegal in La and you're asking to get sued.
LOL. So you are saying that if a neighbor’s tree limb is blocking my driveway and preventing me from driving up/down my driveway that it’s illegal for me to do anything about it and I have to just not be able to drive my vehicle into my own garage???
Posted on 6/16/23 at 11:20 am to Weekend Warrior79
quote:
Have you considered just asking him to do it and seeing if they would oblige? If he rejects the request, ask if he would mind if I do it. If rejected again, then I would look into some sort of legal statue; but I would not start a relationship flaunting laws.
That's my plan. This isn't an issue right now, I bought the house on Monday, and he closes on his in a week or two, so we have zero relationship at this moment in time. I hope it turns out to be a good one and I can approach this at a later time when I think I it's right.
My goal with this thread is to be prepared with what my options are when the time comes.
Posted on 6/16/23 at 11:23 am to MikeBRLA
quote:
LOL. So you are saying that if a neighbor’s tree limb is blocking my driveway and preventing me from driving up/down my driveway that it’s illegal for me to do anything about it and I have to just not be able to drive my vehicle into my own garage???
Wanna bet?
Posted on 6/16/23 at 11:53 am to TigerGman
quote:
Wanna bet?
The LA law stating that I’m right is referenced in this thread by Korkstand.
Posted on 6/16/23 at 12:34 pm to thegreatboudini
I've been in my house for 30 years.. One neighbor was an old couple that couldn't afford to have the tree cut so I agreed to pay for it.
The other neighbor complained about one of my trees so we had it trimmed. They insisted on paying half.
In each instance, a friendly conversation was started and we went from there. Don't go in guns blazing.. If it reaches the point where you're quoting laws..it's too late.
YOU DO NOT WANT NEIGHBORS YOU CAN'T GET ALONG WITH..
If its not your tree and you want something done simply because it bothers you or you're scared of a future event, you may want to be prepared to pay for it or at least offer to pay half.
My 2 cents.. Good luck!
The other neighbor complained about one of my trees so we had it trimmed. They insisted on paying half.
In each instance, a friendly conversation was started and we went from there. Don't go in guns blazing.. If it reaches the point where you're quoting laws..it's too late.
YOU DO NOT WANT NEIGHBORS YOU CAN'T GET ALONG WITH..
If its not your tree and you want something done simply because it bothers you or you're scared of a future event, you may want to be prepared to pay for it or at least offer to pay half.
My 2 cents.. Good luck!
Posted on 6/16/23 at 1:38 pm to MikeBRLA
quote:
The LA law stating that I’m right is referenced in this thread by Korkstand.
Actually, it says you are wrong. It requires you to demand the neighbor remove it first.
ETA: Don't wanna keep arguing. Just saying you have to demand they remove it first before you can do anything, a concept most people don't get.
This post was edited on 6/16/23 at 1:42 pm
Posted on 6/16/23 at 1:45 pm to TigerGman
(no message)
Posted on 6/16/23 at 2:04 pm to TigerGman
Don’t know Louisiana law on this issue, but I’m pretty sure that almost everywhere you have a right to trim branches that overhang your property.
Posted on 6/16/23 at 5:22 pm to TigerGman
quote:
Actually, it says you are wrong. It requires you to demand the neighbor remove it first.
Actually it says I’m right. Go read what I posted. You said I’d have no option if a limb was blocking my driveway. The law I cited, and your own admission, stated that I’d have the right to demand that it be removed at the owner’s expense.
Posted on 6/16/23 at 5:52 pm to thegreatboudini
You should probably contact an arborist to make sure what you want to trim won’t kill the tree. You can both discuss with the arborist together.
Last thing you need is for the tree to die and you are in some lawsuit to replace the tree.
Last thing you need is for the tree to die and you are in some lawsuit to replace the tree.
Posted on 6/16/23 at 7:00 pm to thegreatboudini
quote:
That's my plan. This isn't an issue right now, I bought the house on Monday, and he closes on his in a week or two, so we have zero relationship at this moment in time. I hope it turns out to be a good one and I can approach this at a later time when I think I it's right.
It sounds to me like you have an excellent window of opportunity to do whatever the frick you want.
Posted on 6/16/23 at 10:28 pm to thegreatboudini
quote:
quote:
Have you considered just asking him to do it and seeing if they would oblige? If he rejects the request, ask if he would mind if I do it. If rejected again, then I would look into some sort of legal statue; but I would not start a relationship flaunting laws.
That's my plan. This isn't an issue right now, I bought the house on Monday, and he closes on his in a week or two, so we have zero relationship at this moment in time. I hope it turns out to be a good one and I can approach this at a later time when I think I it's right.
My goal with this thread is to be prepared with what my options are when the time comes.
Since you both are just moving in, why not try offering to split the bill, and if there are any other mutual things you can see on the property border, offer to split things you both want to do that will be mutually beneficial?
Might be the start of a really good neighborly relationship.
ETA: We have had the same next-door neighbors since we built our house in 2005, both neighbors moved in within a couple of years when theirs were built. Best advice I can give you is build good relationships with your neighbors if you plan to stay for a while.
This post was edited on 6/16/23 at 10:32 pm
Posted on 6/16/23 at 10:32 pm to thegreatboudini
Quit being an arse just let it go, if it smashes your fence your insurance covers it
Page 1 of 2
Popular
Back to top
Follow TigerDroppings for LSU Football News