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re: Anyone have experience with getting a neighbor to cut down a tree?
Posted on 3/23/19 at 7:34 pm to SSpaniel
Posted on 3/23/19 at 7:34 pm to SSpaniel
quote:
But seriously... if you are in a accident and somehow you kill their 150 year old huge oak tree (OK, it was a REALLY bad accident) you'd potentially have to pay them what the tree would cost to replace?
Yes, their property you broke/damaged it it is yours/your insurance companies responsibility to replace or provide fair value.
25 years later I still want to scream thinking about what two cherry bark oaks cost me.
0
Posted on 3/23/19 at 7:36 pm to cave canem
quote:
Have to ask, why do you want them cut down and why should they agree?
This just seems odd
Not odd. If they fall into your yard it’s no longer their responsibility for clean up or damage which is kind of a bs law. If there appears to be a possibility of that happening I would definitely talk to your neighbor about it.
Posted on 3/23/19 at 7:37 pm to tigerman03
If he says yes, $5,000 to $20,000, depending on trunk diameter, location and potential for damaging when they are cut down.
Posted on 3/23/19 at 7:54 pm to tigerman03
Do some research and find a chemical that will kill them. Pour that shite on them at night. Eventually, he'll have to cut them down.
Posted on 3/23/19 at 7:58 pm to Ron Popeil
quote:
No you can’t. It’s against the law.
I am sure it depends on the location, but generally, it is legal.
To the OP, if the trees are diseased or dead, I would advise your neighbor of how homeowners insurance view an “act of God” vs negligence.
Posted on 3/23/19 at 8:02 pm to tigerman03
quote:
How much should I expect to pony up?
If I were the neighbor and had something I want on my property (that is legal) and you didn't like it, I sure as hell wouldn't pay anything to have them removed. At best I would say "I am not going to have them removed, but if it really bothers you then you take care of it as long as you are willing to sign an agreement that says you are responsible for anything that happens and if you damage any of my property you are responsible for replacing it. Also, you have to get the stump removed and filled".
Posted on 3/23/19 at 8:03 pm to tigerman03
Why are you anti trees? A little pollen getting all up in your panties? Geez, it's amazing how much people claim to love the outdoors, yet will pitch a fit if so much a pine needle lands near them.
Posted on 3/23/19 at 8:07 pm to MeridianDog
quote:
If he says yes, $5,000 to $20,000, depending on trunk diameter, location and potential for damaging when they are cut down.
You are just joking right? That’s a terrible guess otherwise.
I’ve had plenty of pines cut much higher than 50’ with homes and pools and cars all around. It’s no where near $5,000. Cut that in half and you should get at least 5-10 just like that cut.
Make sure they have insurance. I can’t even watch them do it.
Posted on 3/23/19 at 8:23 pm to tigerman03
wait until they go to church or shopping, then drive your car around the block and then walk around the block and return wearing a hoody to avoid any cameras, then cut it down and go around thew block to change out of the hoody and drive home so you are safely in your house before they come home, then deny doing it 
Posted on 3/23/19 at 8:30 pm to cave canem
They’ve mentioned that they don’t really care for them and wouldn’t mind cutting them down, but don’t seem to be in any rush. The thing is that the trees are away from his house and very close to mine. Just curious as to how to move this along aside from paying for the entire process.
Posted on 3/23/19 at 8:32 pm to tigerman03
Just enjoy the shade.
Posted on 3/23/19 at 8:33 pm to OweO
quote:
f I were the neighbor and had something I want on my property (that is legal) and you didn't like it, I sure as hell wouldn't pay anything to have them removed. At best I would say "I am not going to have them removed, but if it really bothers you then you take care of it as long as you are willing to sign an agreement that says you are responsible for anything that happens and if you damage any of my property you are responsible for replacing it. Also, you have to get the stump removed and filled".
And I would have you sign something that said if your tree fell into my yard and damaged my property you will pay for removal and any damage
Posted on 3/23/19 at 8:39 pm to dsides
If they are diseased or leaning then you could send a formal request to have them removed. At that point they are on the hook for it. At least that’s how it was 10 years ago. I ran into a situation with a developer when we built our house who had a huge dead pine beside us. If it’s perfectly good trees, then if you want them down just offer to pay to have them cut if they’ll agree to it.
Posted on 3/23/19 at 8:44 pm to dsides
quote:And I would not agree.
And I would have you sign something that said if your tree fell into my yard and damaged my property you will pay for removal and any damage
You are the one who wants them cut down so you either agree to my terms or they will stay up.
Posted on 3/23/19 at 8:58 pm to cave canem
quote:
I do not think you are correct on this
I am 100% correct. I am a Louisiana licensed Arborist and I can assure you that the Department of Agriculture and Forestry actively enforces this. You cannot “property-line” prune your neighbor’s trees without their permission.
LA RS §4278.1. Trees, cutting without consent; penalty
A. It shall be unlawful for any person to cut, fell, destroy, remove, or to divert for sale or use, any trees, or to authorize or direct his agent or employee to cut, fell, destroy, remove, or to divert for sale or use, any trees, growing or lying on the land of another, without the consent of, or in accordance with the direction of, the owner or legal possessor, or in accordance with specific terms of a legal contract or agreement.
Posted on 3/23/19 at 9:01 pm to Ron Popeil
Not talking about cutting the tree down, just limbs over my property line.
Posted on 3/23/19 at 9:07 pm to Ron Popeil
quote:And what if my neighbor’s tree has limbs that are growing across the fence and getting close to being over my house or rubbing up against my roof when the wind blows, presenting a hazard to my home? I’m pretty sure I’m within my legal right to prune said tree at the property line and the neighbor can’t do anything about it as long as I stay on my property
You cannot “property-line” prune your neighbor’s trees without their permission.
ETA: and the statute you quoted seems to imply cutting the whole tree down. That would be different story than just pruning portions of limbs that are on your side of the property line
This post was edited on 3/23/19 at 9:09 pm
Posted on 3/23/19 at 9:14 pm to Tiger Prawn
You can request that he prunes them. Under the Civil Code, “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.” La. Civil Code Art. 688. Nevertheless, the right to “demand” that the problem be addressed is not a “license to cut;” and does not permit a landowner to cut without permission.
ETA: These situations have already been tried in court therefore the active enforcement by the dept of ag and forestry.
ETA: These situations have already been tried in court therefore the active enforcement by the dept of ag and forestry.
This post was edited on 3/23/19 at 9:17 pm
Posted on 3/23/19 at 9:18 pm to beebefootballfan
quote:
I have 5 pines about 50ft on the edge of my property and would gladly let my neighbor pay to have them cut down and stumps ground. I hate the things but I’m to cheap to mess with them.
If your my neighbor come in over and I’ll give you the ok.
Same here. I have pines and a big water oak that drop all kinds of stuff in my back neighbors pool. If he ever wants to pay to get them removed, I'd be happy to give him the OK. Until then, he can keep skimming his pool.
Posted on 3/23/19 at 9:20 pm to OweO
quote:
And I would not agree.
You are the one who wants them cut down so you either agree to my terms or they will stay up.
And under the scenario that I thought they were diseased or not maintained and as such a risk to my property, I’d document you being an uncooperative a-hole and sue if necessary.
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