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Tree Cutting Responsibility

Posted on 7/10/19 at 6:47 pm
Posted by Seersucker
Baton Rouge, LA
Member since May 2019
133 posts
Posted on 7/10/19 at 6:47 pm
My neighbor has a tree that has not been trimmed in years. Many of the branches are now encroaching on my roof and touching the shingles, to the point where it will most likely cause damage to my roof if a severe storm came through.

Is this my financial responsibility, or my neighbor's? Thanks in advance.
Posted by Kim Jong Ir
Baton Rouge
Member since Jan 2008
55665 posts
Posted on 7/10/19 at 6:48 pm to
quote:

Is this my financial responsibility, or my neighbor's?


You have the right to demand that he trim the tree at his expense.
Posted by Pintail
Member since Nov 2011
12160 posts
Posted on 7/10/19 at 6:48 pm to
They are your responsibility over your yard. trim them off your house if they are an issue
Posted by Ghost of Colby
Alberta, overlooking B.C.
Member since Jan 2009
16007 posts
Posted on 7/10/19 at 6:48 pm to
Take pictures and send them to your insurance company.
Posted by Cold Drink
Member since Mar 2016
3482 posts
Posted on 7/10/19 at 6:49 pm to
Chop it down and he’ll chop yours
Posted by gamatt53
Member since Nov 2010
4934 posts
Posted on 7/10/19 at 6:49 pm to
A tree you don’t like you say? Call this guy

Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79774 posts
Posted on 7/10/19 at 6:50 pm to
Use the search function. A thread a few weeks ago had a pro weigh in woth real advoce including updated laws.
Posted by Pintail
Member since Nov 2011
12160 posts
Posted on 7/10/19 at 6:51 pm to
quote:

Use the search function. A thread a few weeks ago had a pro weigh in woth real advoce including updated laws.


Care to fill us in?
Posted by The Boat
Member since Oct 2008
178325 posts
Posted on 7/10/19 at 6:51 pm to
quote:

Many of the branches are now encroaching on my roof and touching the shingles, to the point where it will most likely cause damage to my roof if a severe storm came through.

You've asked at the right time.

Barry bought to rough you up.
Posted by Geauxtiga
No man's land
Member since Jan 2008
34401 posts
Posted on 7/10/19 at 6:52 pm to
Not positive but think you have to right to trim anything over your property.


What kind of tree? Like is it a huge oak or a smaller bradford pear?
This post was edited on 7/10/19 at 6:52 pm
Posted by TigerGman
Center of the Universe
Member since Sep 2006
14079 posts
Posted on 7/10/19 at 6:58 pm to
Louisiana law is clear: You cannot cut his limbs without his permission period. You can demand he do it and take him to court if he doesn't.



Posted by Seersucker
Baton Rouge, LA
Member since May 2019
133 posts
Posted on 7/10/19 at 7:03 pm to
quote:

Louisiana law is clear: You cannot cut his limbs without his permission period. You can demand he do it and take him to court if he doesn't.



Thanks. Are you certain that it is his responsibility?
Posted by Seersucker
Baton Rouge, LA
Member since May 2019
133 posts
Posted on 7/10/19 at 7:05 pm to
quote:

Not positive but think you have to right to trim anything over your property.


What kind of tree? Like is it a huge oak or a smaller bradford pear?



I'm not sure.
Posted by lsuwins3
Member since Nov 2008
1973 posts
Posted on 7/10/19 at 7:09 pm to
This is not true. It’s your responsibility for what’s on your property.
Posted by joeleblanc
Member since Jan 2012
4114 posts
Posted on 7/10/19 at 7:10 pm to
I’d like to see that statue
Posted by NewIberiaHaircut
Lafayette
Member since May 2013
12542 posts
Posted on 7/10/19 at 7:11 pm to
Just cut the branches that are over your property line.
Posted by Kim Jong Ir
Baton Rouge
Member since Jan 2008
55665 posts
Posted on 7/10/19 at 7:11 pm to
quote:

quote:
Louisiana law is clear: You cannot cut his limbs without his permission period. You can demand he do it and take him to court if he doesn't.


Thanks. Are you certain that it is his responsibility?



GMan is correct,
Posted by keakar
Member since Jan 2017
30152 posts
Posted on 7/10/19 at 7:13 pm to
you have the right to cut anything on your side of the property line at your own expense

you cant force him to do or pay for anything
Posted by Corkfather
Dallas
Member since Sep 2007
19756 posts
Posted on 7/10/19 at 7:18 pm to
Louisiana law states that if you suffer any damage from trees planted on the boundary line, then you have the right to demand that the tree be torn down, or if the roots extend onto your property, you have the right to trim them up to the property line, but you must get your neighbor's consent to enter his or her property.

If someone damages your tree, you can recover not only your actual damages (what you paid for the tree or replacement costs), but Louisiana also allows you to recover additional damages (triple the damages) when someone deliberately damages your tree.

Kind of contradictory but that’s what FindLaw says.
This post was edited on 7/10/19 at 7:20 pm
Posted by Kim Jong Ir
Baton Rouge
Member since Jan 2008
55665 posts
Posted on 7/10/19 at 7:20 pm to
quote:

you have the right to cut anything on your side of the property line at your own expense

you cant force him to do or pay for anything




Civil Code Article 688 says otherwise
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