As the title implies, this tree splits the property line and state law as I understand it, indicates that they should have consulted me prior. I’m concerned about the long-term health of the Tree now and the potential for structural damage in the storm due to the weight shift. Thoughts?
by tschaefe32
15 Comments
r/treelaw
Most land use law in the USA is at the local level – city or county. Find that in your [local jurisdiction](https://library.municode.com/) and go from there. Likely they can prune up from the property line*, less likely is notification.
*without killing it
They don’t need to consult you, unless it’s about removal. If this kills it you can possibly sue them.
Jerks
Added context, had they reached out, I likely would’ve been more than open to exploring, taking the whole thing down and splitting.
That’s not a trim lol
The trees will be fine. I would cut remaining stubs back to main trunk
Tree will probably be fine, but I wonder what they were thinking? It’s in summer, and I think their yard probably looks a lot worse. Less shade, out lots of money, and the tree could decline and die. Why not make more reasonable cuts in the winter?
They definitely went well beyond what their rights are. Yes they can prune limbs that grow over their property but it needs to be done in a reasonable arboriculturally sound manner. They stub cut the hell out of those limbs leaving no laterals and took way too much off the canopy for one pruning.
You’ll have to decide how much trouble it’s worth to you. You have a good case if you take them to court but you might not get as much as you think. Personally I’d talk to the neighbors and see what the hell they were thinking and go from there. Very shitty move on their part .
Depending on the city you’re in, sometimes overhanging branches are considered the responsibility of the property owner whose property they overhang on
And they have the rights to maintain them however they see fit
You’d have to look up the laws in your city, county and state to try to figure out if you want to do anything or have any rights regarding the tree
I’m from AZ and do lots of landscape contracting work in AZ. The law is that anything going over the property line they can cut. Simple as that, it’s their property so it’s their decision at the end of the day. Yes it’s your tree, but they are responsible for anything in their property so they get to decide. That’s how it works in AZ atleast
If where you live the law says they can cut anything on their side of the border then they don’t need to consult you. Where I live they could’ve chopped the top branches that lean on their side too and it wouldn’t matter.
That’s a hack. Job
Looks fine. What they did is legal in 99% of usa jurisdictions.
Idk why everyone expects a golden carpet from their neighbors when it comes to trees and lot lines.
Unless it’s a protected tree species in which a city or county arborist has to come out and inspect the tree then issue a permit with explicit instructions for what can be removed. This was fair game everywhere I’m aware of. Definitely don’t try this with a Valley Oak in Central California.