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Message
Neighbor’s Tree Encroaching
Posted on 5/24/19 at 1:14 pm
Posted on 5/24/19 at 1:14 pm
My next door neighbor’s river birch tree is about 60 feet tall with several trunks coming from the base and is almost right up against the fence. Some of the branches extend 15-20 feet over the fence into my yard.
This tree is such a nuisance, always dropping things. I do not believe this tree is healthy. Right now it is losing leaves, after just getting leaves 2 months ago, at an alarming rate. My yard is covered in leaves in May, along with twigs. Some small branches have no leaves at all. For 3 weeks in the spring it sheds copious amounts of seeds.
The neighbor does zero maintenance in his backyard and has apparently decided to just let nature take over even though this is a developed subdivision.
I have a swimming pool and this tree is making pool upkeep a living hell. I’m also afraid of this apparently unhealthy tree falling on my house or one of the leafless branches falling and hurting someone.
I understand in Louisiana I am allowed to trim the tree to the property line but if trimming inadvertently kills it, I can be sued. Can I force the neighbor to trim it or cut it down at his expense?
I have talked to the neighbor about my concerns and even sent him a certified letter last fall but he is not taking any action. Can anything be done about this situation?
This tree is such a nuisance, always dropping things. I do not believe this tree is healthy. Right now it is losing leaves, after just getting leaves 2 months ago, at an alarming rate. My yard is covered in leaves in May, along with twigs. Some small branches have no leaves at all. For 3 weeks in the spring it sheds copious amounts of seeds.
The neighbor does zero maintenance in his backyard and has apparently decided to just let nature take over even though this is a developed subdivision.
I have a swimming pool and this tree is making pool upkeep a living hell. I’m also afraid of this apparently unhealthy tree falling on my house or one of the leafless branches falling and hurting someone.
I understand in Louisiana I am allowed to trim the tree to the property line but if trimming inadvertently kills it, I can be sued. Can I force the neighbor to trim it or cut it down at his expense?
I have talked to the neighbor about my concerns and even sent him a certified letter last fall but he is not taking any action. Can anything be done about this situation?
7
Posted on 5/24/19 at 1:21 pm to lsu1980
Take pictures showing the declining health of the tree. Trim it at the property line. If it, dies his recourse is to sue you for the value of the tree, assuming he can prove you caused its death (with an arborist) and prove its value, with an arborist.
I would initially send him an email explaining you'd like to trim the tree over your property, basically get his blessing. If he says you can do what you want, he has no recourse.
I would initially send him an email explaining you'd like to trim the tree over your property, basically get his blessing. If he says you can do what you want, he has no recourse.
Posted on 5/24/19 at 1:28 pm to eatpie
In Louisiana?
Not really. Hire an arborist to document the failing health of the tree.
Document everything else and you may have a slight chance regarding legal recourse with his data.
Not really. Hire an arborist to document the failing health of the tree.
Document everything else and you may have a slight chance regarding legal recourse with his data.
Posted on 5/24/19 at 1:55 pm to lsu1980
Sounds like a job for Harvey Updyke.
Posted on 5/24/19 at 2:03 pm to The Spleen
quote:
Sounds like a job for Harvey Updyke.
This...I never understand why people don't just poison the tree in this situation. The homeowners obviously don't give two shits about it. How can they prove that you killed it? My neighbors were in a similar situation last year where their backyard neighbors refused to cut down several cypress trees that were destroying their pool deck. All the trees' roots had come under the fence and cypress knees started coming up under their pool deck slab causing MAJOR damage. They talked to the neighbors and the guy basically told them to go to hell and that it was his trees and he wasn't going to do anything about them. They eventually had to jackhammer all the decking on that side and redo it, but the roots are still there. I told them to poison the roots on their side and hopefully it would kill all the trees.
Posted on 5/24/19 at 2:32 pm to lsu1980
quote:I think you are mostly right. CC art. 688:
I understand in Louisiana I am allowed to trim the tree to the property line but if trimming inadvertently kills it, I can be sued. Can I force the neighbor to trim it or cut it down at his expense?
quote:
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.
Working from memory here, but I do not think the code allows you do do it yourself. You must demand it of the neighbor. As a practical matter, I have never found that anyone cares.
Posted on 5/24/19 at 2:43 pm to lsu1980
Bad neighbors suck. I had one for a while and he finally moved out of the area. I wish you nothing but the best with this situation.
Posted on 5/24/19 at 2:56 pm to lsu1980
quote:
river birch tree
These trees suck. I've cut down 7 or 8 in my yard and still have 3 in my back yard.
These trees drop something year round, leaves, branches and seeds. The tree is probably healthy, this is just what it does.
Posted on 5/24/19 at 3:30 pm to tigerwith3
Yes indeed they suck. This tree is not natural to his backyard. When we built our house 26 years ago it did not exist. It was planted just a few years later, and I am stuck with half the canopy now and all that goes with that.
I don’t want to kill the tree. I want it cut down or at least severely pruned before it dies of natural causes. I’m just unclear about what my rights are.
I don’t want to kill the tree. I want it cut down or at least severely pruned before it dies of natural causes. I’m just unclear about what my rights are.
Posted on 5/24/19 at 3:36 pm to tigerwith3
quote:
These trees drop something year round, leaves, branches and seeds..
Although this is absolutely true, river birch is not a particularly long lived tree in urban landscapes. I removed 2, 35-40 footers in my front yard 2 years ago, that were 25 years old. Though living, i could visually tell they were in a state of decline. If the neighbor’s tree is 60 feet or so tall it must be pretty old. Of course a licensed arborist would have to make that determination.
This post was edited on 5/24/19 at 5:19 pm
Posted on 5/24/19 at 5:33 pm to lsu1980
Just being practical, wait until winter when it is healthiest to trim it, trim your side of his tree, and let the chips fall where they may. Based on your description of this neighbor, he ain't gonna say or do shite.
Posted on 5/24/19 at 7:10 pm to lsu1980
They drop leaves with the slightest dry spell.
I have removed all but one in my yard, and it shades my patio. Should have cut it with the others, but its a healthy specimen.
Can you partially trim them to partially alleviate the problem?
You can always google arborcide.
I have removed all but one in my yard, and it shades my patio. Should have cut it with the others, but its a healthy specimen.
Can you partially trim them to partially alleviate the problem?
You can always google arborcide.
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