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Started By
Message
Tree on property line disagreement
Posted on 10/10/21 at 7:40 pm
Posted on 10/10/21 at 7:40 pm
Neighbor has a fence that is falling over and he wants to rebuild. Problem is I have an oak tree that is about 70-30 on my property line. It is leaning slightly my direction but no risk of hitting anything but a power line if it falls. The tree has been there long before the fence (and his house) and provided all the shade in my back yard in the afternoon.
He is saying that since it is leaning it is a danger to his house (not at all) and he is going to pay to get it removed. I told him I would rather he not cut it because it is all the shade for my backyard. I offered to allow his fence to go on my property around the tree but he didn’t want to do that. He isn’t someone that seems to be willing to work with me.
Help me out here, has anyone dealt with this before? Does he have the right to remove it? Would I have to pay for the removal?
Tree is a water oak. Should I just let him cut it and he foot the bill?
ETA: I want to add this tree WILL NOT fall on anything but a fence. It is in the back corner of my lot and 70-80 feet from the house. And the direction it is leaning is the way the wind was blowing during IDA, so if it were coming down that is when it would have.
The reason it has a little leaning is because one of his trees fell on it during Gustav.
He is saying that since it is leaning it is a danger to his house (not at all) and he is going to pay to get it removed. I told him I would rather he not cut it because it is all the shade for my backyard. I offered to allow his fence to go on my property around the tree but he didn’t want to do that. He isn’t someone that seems to be willing to work with me.
Help me out here, has anyone dealt with this before? Does he have the right to remove it? Would I have to pay for the removal?
Tree is a water oak. Should I just let him cut it and he foot the bill?
ETA: I want to add this tree WILL NOT fall on anything but a fence. It is in the back corner of my lot and 70-80 feet from the house. And the direction it is leaning is the way the wind was blowing during IDA, so if it were coming down that is when it would have.
The reason it has a little leaning is because one of his trees fell on it during Gustav.
This post was edited on 10/11/21 at 1:25 pm
20
Posted on 10/10/21 at 7:44 pm to Pintail
Well a lawyer and arborist both come to mind.
First the arborist needs to evaluate the tree for danger and an attorney needs to write him regarding tree laws on fence lines.
At least he isn't asking you to pay for it. But that's neither here or there.
First the arborist needs to evaluate the tree for danger and an attorney needs to write him regarding tree laws on fence lines.
At least he isn't asking you to pay for it. But that's neither here or there.
Posted on 10/10/21 at 7:49 pm to ItzMe1972
Let him pay to have it cut and put up the new fence. He can then pay for a live oak to plant there. To hell with those water oaks
Posted on 10/10/21 at 7:59 pm to ItzMe1972
quote:
Well a lawyer and arborist both come to mind.
That was my fear $$$$ to keep a tree in my backyard.
I don’t want to be irrational (maybe I am
) but it makes our backyard enjoyable in this heat. Won’t be for much longer if he takes it out. I do like what the next poster said about him replacing it with another tree.
Posted on 10/10/21 at 7:59 pm to Pintail
Water oaks grow for the first 40 years then rot from the inside out for the next 40 years
Posted on 10/10/21 at 8:01 pm to Pintail
One issue is whether the tree is on the line, and therefore partly your neighbor’s tree. If part of the tree is in his side, he can probably cut it down.
The good thing is that neighbor is offering to pay the entire cost of removal.
You should plant a new tree on your side to provide the shade you want.
EDIT: I missed the water oak part. Yes, let him cut it down.
The good thing is that neighbor is offering to pay the entire cost of removal.
You should plant a new tree on your side to provide the shade you want.
EDIT: I missed the water oak part. Yes, let him cut it down.
This post was edited on 10/10/21 at 8:03 pm
Posted on 10/10/21 at 8:07 pm to Pintail
I don’t want to be irrational (maybe I am ) but it makes our backyard enjoyable in this heat. Won’t be for much longer if he takes it out.
---
You're not irrational.
---
You're not irrational.
Posted on 10/10/21 at 8:07 pm to Pintail
Well, depending on the exact laws of Louisiana, a quick Google search implies that you both share ownership of the tree and must both consent to it’s removal.
I do know that if he documents it’s dangerous, and it falls on his house, then he can go after you. Otherwise it’s word vs word. But he’s got to prove that I believe. If the tree is healthy I don’t think you have an issue.
If I were you I would document that the tree is healthy and document that you don’t want it removed. Maybe deliver a letter to him documenting this as well. I mean if he’s not willing to work with you, it’s not like your relationship will get worse.
I do know that if he documents it’s dangerous, and it falls on his house, then he can go after you. Otherwise it’s word vs word. But he’s got to prove that I believe. If the tree is healthy I don’t think you have an issue.
If I were you I would document that the tree is healthy and document that you don’t want it removed. Maybe deliver a letter to him documenting this as well. I mean if he’s not willing to work with you, it’s not like your relationship will get worse.
Posted on 10/10/21 at 8:39 pm to Pintail
Water oak? Yeah, he’s doing you a favor.
Posted on 10/10/21 at 8:46 pm to Pintail
Let him take that trash tree down. It’s going to fall eventually anyway. He’s doing you a favor.
Posted on 10/10/21 at 9:06 pm to Pintail
I like water oaks.
A nice shade tree does have a lot of value.
I'd not let him cut it.
A nice shade tree does have a lot of value.
I'd not let him cut it.
Posted on 10/10/21 at 9:08 pm to Pintail
I've noticed a lot of oak trees blown down from Ida's winds in the Mid-City area of N.O. and a surprising number of them showed a lot of rot in their core.
One of the biggest near me was a good 3 ft. across at the break in the trunk and I doubt there was an 8 inch band of good wood around it with the entire core eaten up with rot.
One of the biggest near me was a good 3 ft. across at the break in the trunk and I doubt there was an 8 inch band of good wood around it with the entire core eaten up with rot.
Posted on 10/10/21 at 9:29 pm to Pintail
If you have a questionable tree and your neighbor is offering to cut it down id let him honestly. I get losing shade and that sucks, and you can’t replace shade immediately. But you can plant something else and have some shade in just 2-3 years and have a happy neighbor.
Posted on 10/10/21 at 9:36 pm to Pintail
quote:
70-30 on my property line.
Is it 70-30 feet your side
or
is it actually on the property line ?
Posted on 10/10/21 at 9:58 pm to baldona
quote:
If you have a questionable tree
That’s the thing. It isn’t a questionable tree besides it being a water oak. The tree is healthy. The shade is the only reason I want the tree and was a perk to buying a house facing East.
And yes the base is on the line 70% on my property 30% his.
At one point during the conversation he said he was just going to cut everything on his side. To which I told him it would just kill the tree. That is what I’m working with here.
Posted on 10/10/21 at 10:26 pm to Pintail
I'm no lawyer but found this:
"If there is no proof to the contrary and the presumption of commonness stands, an adjoining landowner may have a common tree removed from the property, but must do so at his or her own expense. The location of the oak tree on the boundary between the Albert and the Jack properties triggered Civil Code article 687's presumption that the tree is a common one. “The Jacks,” the Court said, “who are claiming that the tree on the boundary is not common but is in fact owned by the Alberts, bore the burden of offering proof sufficient to overcome the presumption that the tree is commonly owned.”
LINK /
"If there is no proof to the contrary and the presumption of commonness stands, an adjoining landowner may have a common tree removed from the property, but must do so at his or her own expense. The location of the oak tree on the boundary between the Albert and the Jack properties triggered Civil Code article 687's presumption that the tree is a common one. “The Jacks,” the Court said, “who are claiming that the tree on the boundary is not common but is in fact owned by the Alberts, bore the burden of offering proof sufficient to overcome the presumption that the tree is commonly owned.”
LINK /
Posted on 10/10/21 at 11:43 pm to Pintail
quote:
just let him cut it and he foot the bill
as mentioned water oaks are trash
let him foot the bill but insist he also has the stump ground down below grade
then, as mentioned, plant a "good" oak tree or my choice would be a pecan tree
Posted on 10/11/21 at 9:43 am to keakar
quote:
as mentioned water oaks are trash
I don't believe I mentioned that this tree will not fall on anything but a powerline or a fence if it falls. It is in the back corner of my lot southwest side that blocks the afternoon sun from 2 o'clock on.
If it were in any danger of my house, I would be fine with cutting it down.
I am going to bite the bullet and get an arborist to assess it, barring it being thousands of dollars. The tree is about 50 foot tall and isn't something that can just be replaced immediately.
Posted on 10/11/21 at 12:05 pm to Pintail
Water oaks love to fall on houses.
Posted on 10/11/21 at 12:33 pm to RougeDawg
I have used Scott Courtwright of Trinity Tree Service to inspect worrisome trees.
LINK /
Respected arborist. Cost should be under $200 but demand for his service may have impacted that.
Another factor is whether the tree is infested with termites. It's a big problem in BTR.
LINK /
Respected arborist. Cost should be under $200 but demand for his service may have impacted that.
Another factor is whether the tree is infested with termites. It's a big problem in BTR.
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