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Started By
Message
re: Tree Cutting Responsibility
Posted on 7/10/19 at 7:23 pm to Kim Jong Ir
Posted on 7/10/19 at 7:23 pm to Kim Jong Ir
0
Posted on 7/10/19 at 7:35 pm to Seersucker
My neighbor had a tree trimmer come to cut 3 trees in their backyard. The trees were easier accessible from my yard. I knew the tree trimmer so he came over and asked if he could get in my yard to cut the trees. I told him only if he trimmed the same neighbors live oak that hung over my driveway. It was a limb that was about 6”-8” in diameter and was maybe a foot higher than my truck roof and spanned my 24’ wide driveway. He said ok I can trim anything that hangs over the property line without their permission. He then went told them what he was going to do. The neighbors wife said I don’t want you cut my live oak he told them there was nothing they could do that I could cut every limb that hung over the property line if I wanted. So he asked them do you want me to make it look nice and take it off at the trunk or cut it at the property line.
Posted on 7/10/19 at 7:37 pm to lsujunky
quote:
He said ok I can trim anything that hangs over the property line without their permission. He then went told them what he was going to do. The neighbors wife said I don’t want you cut my live oak he told them there was nothing they could do that I could cut every limb that hung over the property line if I wanted
Well, according to the post above yours, you got away with one.
This post was edited on 7/10/19 at 7:39 pm
Posted on 7/10/19 at 7:40 pm to lsujunky
quote:
live oak
Aren’t there laws protecting these in some places?
This post was edited on 7/10/19 at 7:48 pm
Posted on 7/10/19 at 7:42 pm to Ghost of Colby
quote:Insurance company’s response will be “Thanks for the photos. Now please trim those limbs away from your roof and send us new photos showing the limbs have been cut back by such-and-such date to avoid your policy being cancelled”
Take pictures and send them to your insurance company.
Posted on 7/10/19 at 7:45 pm to Seersucker
GO buy a $75 electric pole saw from Home Depot and do it yourself. No sense in starting a bitch war between neighbors over something like that.
Posted on 7/10/19 at 7:47 pm to Seersucker
If the tree is touching your house, just get out there and cut them back yourself. Keeps any actual damage from occurring while you consult the legal “experts” of the OT.
Posted on 7/10/19 at 7:54 pm to CaptainsWafer
quote:Maybe but may cause more damage. Sometimes those lower branches cushion the fall.
If the tree is touching your house, just get out there and cut them back yourself. Keeps any actual damage from occurring
Posted on 7/10/19 at 7:55 pm to Geauxtiga
quote:
Well, according to the post above yours, you got away with one.
How is that?
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.
The branch interfered with the enjoyment of my property and the tree trimmer cut it for free.
Posted on 7/10/19 at 7:59 pm to lsujunky
quote:
How is that?
From the link in the post I referenced.
quote:Doesn’t say YOU can trim it. Huge difference.
A property owner can demand the removal of a tree if the tree interferes with the enjoyment of his/her property; however, the property owner is responsible for the expense of removal.
This post was edited on 7/10/19 at 8:00 pm
Posted on 7/10/19 at 8:20 pm to Geauxtiga
I’m the property owner that the tree is interfering with so I have the right have it removed.
I don’t think you are comprehending what that is stating.
I don’t think you are comprehending what that is stating.
Posted on 7/10/19 at 9:14 pm to Seersucker
quote:
Thanks. Are you certain that it is his responsibility?
Yes. Gman is correct. I am a licensed Louisiana arborist and I have testified in court as an expert witness over this. I’m not going to cite the revised statutes again because somebody always argues and downvotes because they believe that they don’t apply.
You can demand that he prunes the tree but that does not force him to do it. You will have to prove that his tree is causing you to lose use and enjoyment of your property. In other words, if you can’t come to an agreement, you will have to sue him. Don’t just go and cut his tree without his permission.
I can assure you that people have had to pay damages to their neighbors for trimming their trees without permission and arborists have been cited by the state for “property line pruning”. Most people are agreeable if you just walk next door and ask for permission.
Posted on 7/10/19 at 9:19 pm to Seersucker
Once a limb crosses the fence line it is yours to deal with. 
Posted on 7/10/19 at 9:20 pm to joeleblanc
quote:
I’d like to see that statue
Mitch tore them all down.
Posted on 7/10/19 at 9:29 pm to lsujunky
quote:Wrong. Read the 3rd post two above this one- yet another explanation for you.
I’m the property owner that the tree is interfering with so I have the right have it removed.
I don’t think you are comprehending what that is stating.
Here, I’ll put it here for you.
quote:
I am a licensed Louisiana arborist and I have testified in court as an expert witness over this. I’m not going to cite the revised statutes again because somebody always argues and downvotes because they believe that they don’t apply.
You can demand that he prunes the tree but that does not force him to do it. You will have to prove that his tree is causing you to lose use and enjoyment of your property. In other words, if you can’t come to an agreement, you will have to sue him. Don’t just go and cut his tree without his permission.
I can assure you that people have had to pay damages to their neighbors for trimming their trees without permission and arborists have been cited by the state for “property line pruning”. Most people are agreeable if you just walk next door and ask for permission.
This post was edited on 7/10/19 at 9:35 pm
Posted on 7/10/19 at 9:43 pm to Geauxtiga
Legal words:
§4278.1. Trees, cutting without consent; co-owners and co-heirs; penalty
A.(1) 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.
(2) It shall be unlawful for any co-owner or co-heir 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 co-owned land, without the consent of, or in accordance with the direction of, the other co-owners or co-heirs, or in accordance with specific terms of a legal contract or agreement. The provisions of this Paragraph shall not apply to the sale of an undivided timber interest pursuant to R.S. 3:4278.2.
B. Whoever willfully and intentionally violates the provisions of Subsection A of this Section shall be liable to the owner, co-owner, co-heir, or legal possessor of the trees for civil damages in the amount of three times the fair market value of the trees cut, felled, destroyed, removed, or diverted, plus reasonable attorney fees and costs.
C. Whoever violates the provisions of Subsection A of this Section in good faith shall be liable to the owner, co-owner, co-heir, or legal possessor of the trees for three times the fair market value of the trees cut, felled, destroyed, removed, or diverted, if circumstances prove that the violator should have been aware that his actions were without the consent or direction of the owner, co-owner, co-heir, or legal possessor of the trees.
D. If a good faith violator of Subsection A of this Section fails to make payment under the requirements of this Section within thirty days after notification and demand by the owner, co-owner, co-heir, or legal possessor, the violator shall also be responsible for the reasonable attorney fees and costs of the owner, co-owner, co-heir, or legal possessor.
§4278.1. Trees, cutting without consent; co-owners and co-heirs; penalty
A.(1) 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.
(2) It shall be unlawful for any co-owner or co-heir 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 co-owned land, without the consent of, or in accordance with the direction of, the other co-owners or co-heirs, or in accordance with specific terms of a legal contract or agreement. The provisions of this Paragraph shall not apply to the sale of an undivided timber interest pursuant to R.S. 3:4278.2.
B. Whoever willfully and intentionally violates the provisions of Subsection A of this Section shall be liable to the owner, co-owner, co-heir, or legal possessor of the trees for civil damages in the amount of three times the fair market value of the trees cut, felled, destroyed, removed, or diverted, plus reasonable attorney fees and costs.
C. Whoever violates the provisions of Subsection A of this Section in good faith shall be liable to the owner, co-owner, co-heir, or legal possessor of the trees for three times the fair market value of the trees cut, felled, destroyed, removed, or diverted, if circumstances prove that the violator should have been aware that his actions were without the consent or direction of the owner, co-owner, co-heir, or legal possessor of the trees.
D. If a good faith violator of Subsection A of this Section fails to make payment under the requirements of this Section within thirty days after notification and demand by the owner, co-owner, co-heir, or legal possessor, the violator shall also be responsible for the reasonable attorney fees and costs of the owner, co-owner, co-heir, or legal possessor.
Posted on 7/10/19 at 9:45 pm to Ron Popeil
These are the 2 that come in cases against arborists performing “property line pruning”.
Art. 687. Trees, bushes, and plants on the boundary are presumed to be common unless there be proof to the contrary.
An adjoining owner has the right to demand the removal of trees, bushes, or plants on the boundary that interfere with the enjoyment of his estate, but he must bear the expense of removal. [Acts 1977, No. 514, §1]
Art. 688. 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. [Acts 1977, No. 514, §1]
Art. 687. Trees, bushes, and plants on the boundary are presumed to be common unless there be proof to the contrary.
An adjoining owner has the right to demand the removal of trees, bushes, or plants on the boundary that interfere with the enjoyment of his estate, but he must bear the expense of removal. [Acts 1977, No. 514, §1]
Art. 688. 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. [Acts 1977, No. 514, §1]
This post was edited on 7/10/19 at 9:49 pm
Posted on 7/10/19 at 9:47 pm to Ron Popeil
Good stuff, thanks.
Hopefully lsujunky gets it now.
Hopefully lsujunky gets it now.
Posted on 7/10/19 at 9:52 pm to joeleblanc
quote:Louisiana Statue:
I’d like to see that statue
Louisiana Statute:
Posted on 7/10/19 at 10:14 pm to NS Tide
quote:
GO buy a $75 electric pole saw from Home Depot and do it yourself. No sense in starting a bitch war between neighbors over something like that.
Bingo. I do this a few times a year, make sure to cut them properly and pretty sure the neighbor has never even noticed.
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