Originally Posted By: Pop_Rivit
Originally Posted By: exranger06
I would leave the tree alone. If your neighbor doesn't like the branches over his house, HE can cut them. Even though the tree is yours, if the branches are over his property, he can cut them all he wants and you can't really do anything about it. If it damages his house, it's his insurance and his problem.
So if it doesn't bother your neighbor, don't let it bother you and just leave it alone. If it does bother your neghbor, let him deal with it and let him cut the branches if he wants.
That's incredibly bad advice. You could be liable for damages that the falling branches may cause.
The court usually applies a reasonable care standard. If you took reasonable care to maintain the tree branch, and the branch did not appear to be threatening to fall, then it would be considered an Act of God and you won't be liable.
If, after applying the reasonable care standard the court were to find that you should have known that the tree branch posed a danger of falling, then you could be found liable for damages. If the neighbor has already mentioned concerns about it, especially if it's in writing or in front of a third party witness, then it's quite likely that you'll be held responsible should the branch fall and cause damages.
Landowners are responsible for maintaining trees on their property. Legally they must make required inspections and take care to insure that the tree is safe. If an inspection shows that the tree is unsafe, a landowner is responsible for its removal.
I can't believe that I concur with pop, but he's right.
first -- go to the horse's mouth first.call the city and your insurance co.,and find out the rules.
second -- talk to the neighbor. the potential is there to make an enemy of a new neighbor, should something happen.you have to live next door to them, so you might as well try to get along.
I dealt with a similar issue last summer.the city subs out tree pruning jobs, and a crew was in the 'hood.the neighbor's large maple had a few branches that leaned over my driveway, and over a small corner of the house. I made a deal with a guy to prune the branches from the cherry picker.legally, my right to do so.
I know the neighbor well, and knew that he wouldn't care. I saw him a week later, and he didn't know that it was done.he offered to pay, but I declined, as it was a small amount of money.no big deal.
to those that state that it's the neighbor's problem -- opinions vary.if I had a neighbor with that attitude, I would immediately put up a 6' privacy fence, just on my side of the property line.that way, there would be zero communication, unless there was a reason.i'm just reacting to his attitude. we've heard the line - good fences make good neighbors.
have a good day, all.