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re: Orleans Parish help - neglectful neighbor's untrimmed tree soon to damage property I own

Posted on 11/16/22 at 11:25 am to
Posted by Celtic Tiger
Lake Charles
Member since Feb 2005
612 posts
Posted on 11/16/22 at 11:25 am to
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.

Louisiana civil code

Despite what others are saying here, you cannot legally cut your neighbor’s tree without their permission.


nah, you can cut. what you cited just says if you really wanna be a hardass about it, you could make the neighbor pay for them to be cut or reimburse you for it. but that would likely require litigation and would be a huge ordeal. way easier to just do it yourself if it's easy and not dangerous. eta: but be aware you could be on the hook for damages to the tree if you mangle it or cause it to become unhealthy, and you should tell the neighbor you're doing it first.
This post was edited on 11/16/22 at 11:29 am
Posted by frequent flyer
USA
Member since Jul 2021
2973 posts
Posted on 11/16/22 at 11:52 am to
quote:

Orleans Parish help - neglectful neighbor's untrimmed tree soon to damage property I own



Wait until he's not looking, then trim the tree. You can trim if it's over your side. But don't start a conflict with a neighbor if you don't have to by going too far or interacting with them.
This post was edited on 11/16/22 at 11:55 am
Posted by brewhan davey
Audubon Place
Member since Sep 2010
32775 posts
Posted on 11/16/22 at 11:53 am to
quote:

The East.


Yikes
Posted by JoeNelson
Member since Sep 2019
408 posts
Posted on 11/16/22 at 11:59 am to
You can cut whatever is on your property or overhanging your property
Posted by jmitc22
Brrrrr
Member since Jan 2007
1681 posts
Posted on 11/16/22 at 12:34 pm to
You have a legal question. It’s best to see if you can get a lawyer to answer it before you take any action that might put you in a bad position.
Posted by deltaland
Member since Mar 2011
90462 posts
Posted on 11/16/22 at 12:39 pm to
Trim the branches on your side

Spray trees with something that will kill them.

Act like you don’t know what happened
Posted by deltaland
Member since Mar 2011
90462 posts
Posted on 11/16/22 at 12:40 pm to
quote:

there any enforcement mechanism in Orleans for this type of issue?


LOL they can’t even solve violent crimes much less police your neighbors yard. The only good thing about places like Nola is you can do whatever the frick you want because odds are nothing will happen to you
Posted by dat yat
Chef Pass
Member since Jun 2011
4298 posts
Posted on 11/16/22 at 12:43 pm to
quote:

code enforcement


I bought a lot overgrown with weeds and trash-trees from the city in a tax lien foreclosure auction. They had a code enforcement letter in the mail to me within a week of closing on it; Code Enforcement can be quick as frick when they want to be.

Get them to fine the owner and you may have some luck.
Posted by 197603apf
Member since Sep 2021
119 posts
Posted on 11/16/22 at 1:00 pm to
Drill a 1/2” hole at 45 degree angle into main trunk of tree about 4” deep. Fill hole with 20 ml of RM93 from tractor supply. Tree won’t be a problem
Posted by rocket31
Member since Jan 2008
41819 posts
Posted on 11/16/22 at 1:03 pm to
quote:

Despite what others are saying here, you cannot legally cut your neighbor’s tree without their permission.


i dont think you know how to read
Posted by tigersownall
Thibodaux
Member since Sep 2011
15288 posts
Posted on 11/16/22 at 11:21 pm to
Diesel
Posted by Eli Goldfinger
Member since Sep 2016
32785 posts
Posted on 11/16/22 at 11:36 pm to
You can cut anything hanging over or encroaching onto your property.
Posted by boudinman
Member since Nov 2019
5006 posts
Posted on 11/17/22 at 12:25 am to
Go to TSC and buy 2 50lb bags of stock salt. Pour both sacks out in and around the tree roots near your fence. You will just be permanrntly killing the grass near your fence.
Posted by Napoleon
Kenna
Member since Dec 2007
69047 posts
Posted on 11/17/22 at 3:32 am to
Get some salt peter or stump killer.

Drill some holes in the tree and put it in the holes. Tree will die and start to rot.
This post was edited on 11/17/22 at 3:32 am
Posted by llfshoals
Member since Nov 2010
15337 posts
Posted on 11/17/22 at 3:35 am to
quote:

You can cut anything hanging over or encroaching onto your property.
Probably.

Partly this will depend on city/county/state ordinances. If there are none? Send a notice to the neighbor advising them any damages to your property by trees on theirs, they’re going to be liable for, include photos.

Then lop off anything on your side of the fence, no need to wait for a reply. If there’s a root causing issues, inject it (on your side of the line) with something that will kill it. Guaranteed it won’t grow any more and disturb the fence.
Posted by Napoleon
Kenna
Member since Dec 2007
69047 posts
Posted on 11/17/22 at 4:15 am to
Exactly where my mind went. Don't say anything. Blame some bug or bird.
.
Posted by Napoleon
Kenna
Member since Dec 2007
69047 posts
Posted on 11/17/22 at 4:18 am to
This is a property in the East owned by an out of state landlord.
I doubt he even knows those trees are there.
The East has so many absentee landlords I would totally dismiss all the legal advice. Have you seen the east? Code doesn't really exist there.

Posted by Solo Cam
Member since Sep 2015
32624 posts
Posted on 11/17/22 at 4:31 am to
Step 1) Grow a set of nuts

Step 2)

Posted by Tvilletiger
PVB
Member since Oct 2015
4726 posts
Posted on 11/17/22 at 4:41 am to
I think this is dependent on where you live. I have been told something very different about some oak trees. It is not the person with the trees legal duty to cut the trees even if it crosses on to your property. You can cut them but at your own cost. This os in Florida though. It is Uber the Florida common law. You also cannot be help negligent for anything going over into your neighbors yard. The homeowner can trim up to their property line but only if it will not hurt the tree also. I always thought this was pretty f’d up. No idea for Orleans parish in Louisiana.
This post was edited on 11/17/22 at 4:46 am
Posted by Armymann50
Playing with my
Member since Sep 2011
17030 posts
Posted on 11/17/22 at 4:52 am to
quote:

Need advice



sell
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