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Post by lisacharlotte on Apr 26, 2023 23:41:23 GMT
My new neighbor (moved in this month) walked over and the conversation turned to our trees. We have two giant trees in our front yard. They are probably 60 years old and about 60 ft tall. We also live in a 100 year old neighborhood where the houses are close and the trees are big. He asked if we would consider cutting some limbs off the tree that are on the side by his house. The limbs are over our driveway, but if the tree decides to go down in the direction of his house, it will hit it. The only way it wouldn’t hit is if we cut the tree down completely. He also wants us to cut part of the tree in our back yard. Again, none of the tree is over his property, but it’s a big tree. We are due to have our trees looked at this year. We have them trimmed and thinned about every 7 years.
I’m not opposed to having them look at the limbs on that side and trimming as recommended. However, DH really didn’t like the way he felt the conversation went. The neighbor said he “wanted to be a good neighbor”. I understood that to be why he offered to help with any trimming cost. DH felt like he was implying we wouldn’t be good neighbors if we didn’t trim the limbs. He doesn’t want to lop off hood limbs one one side and make the tree look wonky.
So the odd part is, I get why DH is mad, even though I think the guy was correct to offer to help with a request we don’t have to grant. Based on the conversation, he did make it clear he would prefer we had no trees that might fall in his house. I guess it was just kind of an awkward conversation with someone who just moved in. I mean, the trees didn’t just suddenly appear after he decided to buy the house. I told DH I would post here because he is still stewing over it today. I’m now really missing my old neighbors and I don’t see DH warming up to the new ones at all now.
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Post by Ryann on Apr 26, 2023 23:54:02 GMT
As long as you are maintaining the trees, keeping up with fallen leaves and verifying they are in good health, then you are being a "good neighbor". While I think your neighbor's request is ridiculous, I also understand that you can't get a "yes" answer if you don't even ask the question. Definitely awkward!
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Post by pepperwood on Apr 26, 2023 23:55:22 GMT
I had a similar situation with a neighbor in my planned community. The builder planted young trees in the back yard of each unit when the community was built 20 years ago, so it was nowhere near as large as your tree. My neighbor requested that the HOA dramatically trim back a perfectly healthy tree. I think he was more concerned about the shade it was creating on his deck. We ended having a licensed arborist inspect all the trees in our HOA and he said my tree was healthy and did not pose a danger to the community. Perhaps you could consult an arborist that could make a recommendation about the tree.
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Post by katlady on Apr 27, 2023 0:01:09 GMT
If the trees are in your yard, you don’t have to cut/trim them. If the branches go over his property, he can trim those that go over the property line. The trees were there before they moved in, so I don’t feel he has a right to complain about them.
I don’t like tall trees in my yard or my neighbors. One neighbor has a really tall palm tree close to our mutual property line. I wish he would cut it down, but I can’t say anything. Depending on which way it falls, it can hit either of our homes. We cut down our tall trees. We have very small suburban lots. The developer planted the trees too close to the house, and we were mainly worried about the root system getting into the pipes.
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Post by Merge on Apr 27, 2023 0:07:37 GMT
Welp, in the past 8 years we've had to replace a fence that was taken out by one neighbor's diseased tree, and repair the garage roof that was destroyed by the other neighbor's diseased tree. The responsible thing for you to do is to have the trees checked for disease and have any weak or diseased limbs removed. While that may not be your legal responsibility, I now take a dim view of anyone who fails to have their old trees checked out and causes a neighbor significant financial damage as a result. Makes neighborhood night out pretty awkward.
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Post by Lexica on Apr 27, 2023 0:13:40 GMT
First, I want to admit I am a huge tree lover. I only have one tree in my new house, in the back yard at the head of my waterfall/stream and I love it. Several of my neighbors have trees that are very old and huge and I have major tree envy.
I personally would not really be inclined to cut off branches on a tree that was not extending over my neighbors yard at all. If it were, I would have those branches trimmed. To ask you to remove branches in the off chance that the tree will hit his house if it falls is pretty ballsy in my opinion. How does he know it would fall toward his house and not the other way? I didn’t get the impression that your tree is leaning at all. As you say, those trees were there when he bought his house and he has no right to expect you to change things for him.
I am sitting with your husband on this one. I think it was borderline rude of him to ask you to alter a tree that in no way encroaches on his property.
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Post by Basket1lady on Apr 27, 2023 0:26:01 GMT
Welp, in the past 8 years we've had to replace a fence that was taken out by one neighbor's diseased tree, and repair the garage roof that was destroyed by the other neighbor's diseased tree. The responsible thing for you to do is to have the trees checked for disease and have any weak or diseased limbs removed. While that may not be your legal responsibility, I now take a dim view of anyone who fails to have their old trees checked out and causes a neighbor significant financial damage as a result. Makes neighborhood night out pretty awkward. This is the answer. You said that you had already planned to have your tree guy out. Have him look at the tree and decided if it poses a danger to your house or a neighbor's house and act accordingly. I would not trim down a 60 year old tree just because a neighbor doesn't like it. But having them inspected on a regular basis is reasonable. When we lived in Alabama, Hurricane Ivan came through and dropped a HUGE tree on our rented house. I'm pretty sure that every neighbor we had came over to ask to cut it up (we refused--it fell on the power feed into the house) and each one offered up that they had told the homeowner repeatedly that they tree would fall one day. That irritated me--the homeowner knew it was a liability and still did nothing and now we were dealing with it.
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Post by Spongemom Scrappants on Apr 27, 2023 0:31:14 GMT
So I would bet this varies by state to state. I'm treasurer on our neighborhood HOA board and this subject comes up from time to time.
Basically under South Carolina law: If your neighbor’s tree is on a rural property, then your neighbor most likely gets a free pass. If the tree is on urban or residential property, then your neighbor has a legal obligation to prevent risks from unsound trees. This doesn’t mean that your neighbor is always responsible for his or her trees. If a branch falls and harms a person or property, you still have to prove he or she was “negligent.” You can prove negligence by showing your neighbor “knew or should have known” the tree created an unreasonable risk, and that risk caused the injury or damage. For example, if your neighbor’s tree had noticeable disease or decay, was uprooting, or frequently lost limbs, then your neighbor probably knew or should have known there were problems with the tree. Even the Department of Transportation (SCDOT) could be liable if a tree or a branch causes injury on a public road. If the tree is perfectly healthy, but a lightning strike causes the branch to fall, then the neighbor probably isn’t liable for any property damage or injury. In legal jargon, your neighbor could raise what we call in South Carolina the “Act of God” defense regarding the lightning strike.
So how that gets interpreted here is that is someone questions a tree on your property -- and then that tree causes damage to their property at all -- you are at fault and liable.
Our house sits on 4-1/2 acres and we have so, so many trees on our property. We've had six removed just a few months ago that we felt were risky. Even so we had a tree fall across the road blocking it and two other neighbors have had the same thing happen within the past year. I just had to replace the HOA mailbox at the entrance because a tree fell out of someone's yard and smashed it. So far, it's all been very reasonable and easily dealt with. We've not had a tree from someone else's yard take out a different person's house, garage, or fence.
I know I'm rambling a bit here, but...
The point is you need to be sure what your state and local laws are. Be sure what your liability might be now that your attention has been called to the matter. It might really make a difference.
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Deleted
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May 19, 2024 1:46:29 GMT
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Post by Deleted on Apr 27, 2023 1:16:35 GMT
We've consulted an arborist about the trees on our property street moving here. Two were removed completely. One was removed because it was in danger of doing major damage to our house if it broke off at a lower point plus it was causing damage to the driveway. The other was removed because it was a double trunk, one side was healthy and looked great, the other was rotting from the inside out and would eventually kill the heathy side. If left, it would've broke in half and take half of the garage with it.
We're having another large tree on our property trimmed to ensure that it stays healthy. The ice storm in February caused two large branches to break off. Those jagged points will be trimmed back and sealed. Our next door neighbor hasn't touched his trees. The one closest to our house will cause damage to our house if it falls the right (wrong) way. Most likely, it'll fall towards the street and knock out power for half of the street. Encouraging them to do any sort of preventative care on any of their trees will land on deaf ears. There's a huge hole in their garage roof that started out as a small hole from a falling branch. It's so large that it is pretty much the whole back half of the roof and the garage is not safe.
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Post by librarylady on Apr 27, 2023 1:23:29 GMT
Our neighbor has a very mature tree. It was mature when we moved in 34 years ago. It is near our property line. Over the years, 2 different limbs took out a privacy fence between the tree and the street...2 limbs on the same fence portion that was towards the street. Then 2 years ago, one Sunday afternoon a HUGE limb fell and took out 2 sections of our fence. Removing the limb was $800. Removing the limb and repairing the fence was about $3,000. When the tree company was here, I had them cut 4 additional huge limbs at the property line. I cut off any of the limb that hung over our property I didn't like doing that, but after repeated limbs taking out our fence, I was protecting our assets. It is obvious the tree has disease and would continue to "drop limbs" if we didn't have them removed. The neighbor is still mad at me. I told him I could not afford his tree and its limbs anymore.
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Post by Merge on Apr 27, 2023 1:24:29 GMT
So I would bet this varies by state to state. I'm treasurer on our neighborhood HOA board and this subject comes up from time to time. Basically under South Carolina law: If your neighbor’s tree is on a rural property, then your neighbor most likely gets a free pass. If the tree is on urban or residential property, then your neighbor has a legal obligation to prevent risks from unsound trees. This doesn’t mean that your neighbor is always responsible for his or her trees. If a branch falls and harms a person or property, you still have to prove he or she was “negligent.” You can prove negligence by showing your neighbor “knew or should have known” the tree created an unreasonable risk, and that risk caused the injury or damage. For example, if your neighbor’s tree had noticeable disease or decay, was uprooting, or frequently lost limbs, then your neighbor probably knew or should have known there were problems with the tree. Even the Department of Transportation (SCDOT) could be liable if a tree or a branch causes injury on a public road. If the tree is perfectly healthy, but a lightning strike causes the branch to fall, then the neighbor probably isn’t liable for any property damage or injury. In legal jargon, your neighbor could raise what we call in South Carolina the “Act of God” defense regarding the lightning strike. So how that gets interpreted here is that is someone questions a tree on your property -- and then that tree causes damage to their property at all -- you are at fault and liable. Our house sits on 4-1/2 acres and we have so, so many trees on our property. We've had six removed just a few months ago that we felt were risky. Even so we had a tree fall across the road blocking it and two other neighbors have had the same thing happen within the past year. I just had to replace the HOA mailbox at the entrance because a tree fell out of someone's yard and smashed it. So far, it's all been very reasonable and easily dealt with. We've not had a tree from someone else's yard take out a different person's house, garage, or fence. I know I'm rambling a bit here, but... The point is you need to be sure what your state and local laws are. Be sure what your liability might be now that your attention has been called to the matter. It might really make a difference. Yes, when the neighbor's tree fell on our garage, we were SOL because the tree wasn't obviously diseased to someone standing on the ground. The large limb that fell was obviously rotting inside once you could see inside of it, though. Still, when we spoke with our HOI, they said it was unlikely a court would find against the neighbor under Texas law and we'd end up paying for it. The big oaks in our neighborhood are mostly 50-60 years old and many homeowners don't have them checked as they should. It makes for problems whenever we have a windy storm, which on the gulf coast, is not uncommon. @libarylady we had the same thing with the other neighbor. We paid to have his tree limbs cut to the property line after they'd taken out our fence twice. The thing is that when the wind is high, limbs don't necessarily fall straight down. The house on the other side didn't have limbs overhanging our property, but the wind that broke the limb carried it several feet and planted it on our garage roof.
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Post by hop2 on Apr 27, 2023 1:39:03 GMT
Um, dude, if large trees and the risks that come with them bother you, then don’t buy a house in a neighborhood that has them. It’s not like the trees are put in after he saw, then bought the house.
I say that as a person who bought a house last year. And paying attention to trees was one of the things I paid attention to.
OP - in my state trees falling on stuff is the owner of the stuff’s problem UNLESS the owner of the stuff notifies the owner of the tree of the issue with the tree in writing prior to something happening. And there actually has to be an issue with the tree not just that the neighbor doesn’t like it. Check out the rules in your state.
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milocat
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Location: 55 degrees north in Alberta, Canada
Mar 18, 2015 4:10:31 GMT
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Post by milocat on Apr 27, 2023 1:42:56 GMT
Um, dude, if large trees and the risks that come with them bother you, then don’t buy a house in a neighborhood that has them. It’s not like the trees are put in after he saw, then bought the house. I agree. There afe many neighbourhoods with no trees or small trees. Why not buy there?
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lizacreates
Pearl Clutcher
Posts: 3,856
Aug 29, 2015 2:39:19 GMT
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Post by lizacreates on Apr 27, 2023 1:45:16 GMT
So I would bet this varies by state to state. I'm treasurer on our neighborhood HOA board and this subject comes up from time to time. Basically under South Carolina law: If your neighbor’s tree is on a rural property, then your neighbor most likely gets a free pass. If the tree is on urban or residential property, then your neighbor has a legal obligation to prevent risks from unsound trees. This doesn’t mean that your neighbor is always responsible for his or her trees. If a branch falls and harms a person or property, you still have to prove he or she was “negligent.” You can prove negligence by showing your neighbor “knew or should have known” the tree created an unreasonable risk, and that risk caused the injury or damage. For example, if your neighbor’s tree had noticeable disease or decay, was uprooting, or frequently lost limbs, then your neighbor probably knew or should have known there were problems with the tree. Even the Department of Transportation (SCDOT) could be liable if a tree or a branch causes injury on a public road. If the tree is perfectly healthy, but a lightning strike causes the branch to fall, then the neighbor probably isn’t liable for any property damage or injury. In legal jargon, your neighbor could raise what we call in South Carolina the “Act of God” defense regarding the lightning strike. So how that gets interpreted here is that is someone questions a tree on your property -- and then that tree causes damage to their property at all -- you are at fault and liable. Our house sits on 4-1/2 acres and we have so, so many trees on our property. We've had six removed just a few months ago that we felt were risky. Even so we had a tree fall across the road blocking it and two other neighbors have had the same thing happen within the past year. I just had to replace the HOA mailbox at the entrance because a tree fell out of someone's yard and smashed it. So far, it's all been very reasonable and easily dealt with. We've not had a tree from someone else's yard take out a different person's house, garage, or fence. I know I'm rambling a bit here, but... The point is you need to be sure what your state and local laws are. Be sure what your liability might be now that your attention has been called to the matter. It might really make a difference. Yes, when the neighbor's tree fell on our garage, we were SOL because the tree wasn't obviously diseased to someone standing on the ground. The large limb that fell was obviously rotting inside once you could see inside of it, though. Still, when we spoke with our HOI, they said it was unlikely a court would find against the neighbor under Texas law and we'd end up paying for it. The big oaks in our neighborhood are mostly 50-60 years old and many homeowners don't have them checked as they should. It makes for problems whenever we have a windy storm, which on the gulf coast, is not uncommon. @libarylady we had the same thing with the other neighbor. We paid to have his tree limbs cut to the property line after they'd taken out our fence twice. The thing is that when the wind is high, limbs don't necessarily fall straight down. The house on the other side didn't have limbs overhanging our property, but the wind that broke the limb carried it several feet and planted it on our garage roof. Yes, they don't all fall straight down. So even if a limb is not overhanging your property, a strong wind can cause damage to yours. For me, it was thousands of dollars after a very bad storm. I don’t think the neighbor was being unreasonable. He even offered to help with the cost, and there’s no indication he was obnoxious about it. So, I don’t see any reason to be angry. It doesn’t matter if he’s new to the neighborhood. He owns a house and he wants to protect it just like anyone else. Mature trees really need to be trimmed more often than every seven years because of deadwood.
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Post by KiwiJo on Apr 27, 2023 2:03:46 GMT
I don’t see anything wrong with your new neighbour asking about having the tree trimmed. After all, how often do we hear “There’s no harm in asking”! The way I read the story - the tree obviously isn’t a deal-breaker for him, otherwise he wouldn’t have bought the next-door property. So having it trimmed is probably one of those nice-to-have things - we all have them I’m sure; something you would like to have happen but no real biggie if it doesn’t. I didn’t get the impression, from the OP’s story, that he thinks the tree is in imminent danger of falling down - just a precautionary thing. lisacharlotte - 2 of your pints don’t quite gel together for me - you say “He asked if we would consider cutting some limbs off the tree” but then a bit further on you say “He also wants us to cut part of the tree in our backyard”. If he is saying “I want you to ….”, then he is being rude; but if is saying “Would you consider doing…..” then I think he is just asking. I think your DH is over-thinking. Has he ever asked someone to do something and then accepted their No answer, on the basis of ‘it doesn’t hurt to ask’?
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Post by buddysmom on Apr 27, 2023 2:27:43 GMT
We just had a lot of our trees trimmed and four huge trees removed last month. The laws may be different in other states but here we were recommended to ask/let the neighbor know that we were having the limbs that went into our neighbors yard removed. They were fine with it. Trimming is not just "chopping off branches." A good trimmer will make it look aesthetically pleasing and also trim it so it is not likely to fall due to uneven weight.
We are in hurricane country so the insurance companies require it also. We can't just have our tree branches blowing all over the place in 100 mph winds.
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Post by **GypsyGirl** on Apr 27, 2023 2:43:29 GMT
Um, dude, if large trees and the risks that come with them bother you, then don’t buy a house in a neighborhood that has them. It’s not like the trees are put in after he saw, then bought the house. IMO, he lost his chance to complain about those trees when he bought the house knowing that the trees were already there. That was his responsibility and he should have done his due diligence. OP - I would have a couple of different arborists (not just tree guys) to come out and assess your trees. Get their recommendations on what the trees need as far a trimming. Just because the neighbor wants the limbs whacked off doesn't mean the tree needs it, or that you have to do it. This is why you need professionals assessing the situation.
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moodyblue
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Posts: 6,179
Location: Western Illinois
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Jun 26, 2014 21:07:23 GMT
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Post by moodyblue on Apr 27, 2023 2:51:59 GMT
If I were really worried about trees falling on my property, I wouldn’t buy a house where that could happen. Those trees were there - and visible - before your new neighbor bought that property.
If you have trees that could cause serious damage, they should be checked regularly and any corrective measures should happen in a timely way. BUT, if the expert assessment is that the tree is healthy and doesn’t need to be trimmed or removed, you don’t have to do anything as long as it’s completely on your property. Sure, lightning strikes and straight line winds and tornadoes can happen, but it’s not realistic to expect people to take down healthy trees just because something MIGHT happen.
Personally, we were happy when our neighbors took down the last of their junk choke cherry trees that could potentially fall on our house (one of them had fallen on their own house, although on the side away from us), and I can sleep easier knowing there are no big trees within striking distance. But if you buy a house in a neighborhood with giant old trees, you have to assume that they can come down.
And I say this, living in an area that recently had a tornado hit, and I can drive around just blocks from my home and see the fences and houses that were damaged. In some cases the large trees (3-4 feet in diameter) were ripped from the ground, pulling up the roots and the sod around it. Unless you get rid of all trees, the risk is there.
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Post by crazy4scraps on Apr 27, 2023 3:59:40 GMT
It’s crazy expensive to have big old trees taken down, so I can totally understand why people hesitate. Even trimming a big tree can be expensive. We have two trees we’d love to lose in our front yard. The one could potentially hit our house if it fell just right, the other one wouldn’t hit anything. The cost to take both of them down, not even including grinding out the stumps, was over $5500. Yeah, that’s not happening no matter how much we hate those trees. Thankfully they aren’t a nuisance to anyone but us.
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Post by lisacharlotte on Apr 27, 2023 4:30:55 GMT
KiwiJo so after bringing up the suggestion to trim the trees in the front, he said he’d also like us to trim the one in the back too. I think once he suggested the trim he was hoping we’d just do it. I live in the Midwest, we get big storms. He just moved here from Sacramento, from a home on a 1+ acre lot and no big trees. His son lives in another old neighborhood about 4 miles away from us. That neighborhood was hit hard by a big storm a few years ago. He brought that up a few times about why he was concerned. Unfortunately, that will always be a risk in this neighborhood since the houses are close and the trees large. I brought up that he was a new neighbor because we don’t have an established relationship. We have lived here 18 years. It’s pretty common to have tree damage in our neighborhood due to storms and size/age of trees. It’s just as likely our trees will take out our own house in a big storm. I’m not willing to cut down our mature trees as long as they are healthy. They provide much needed shade during our hot summers.
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Post by KiwiJo on Apr 27, 2023 8:31:22 GMT
Oh my goodness, I didn’t mean to give the impression that I think you should do anything to your trees that you don’t want to do. I’m sorry for not making that clear. It’s just that think he is probably just asking - that old adage “if you don’t ask, you don’t get”. He is probably somewhat prepared for you to say No, because he knew you had the trees when he moved in. I absolutely don’t think you should trim the trees if you don’t want to, and if the people due to check them out later in the year don’t think they need it!
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momto4kiddos
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Jun 26, 2014 11:45:15 GMT
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Post by momto4kiddos on Apr 27, 2023 14:09:03 GMT
Sounds like he's nervous about what happened in his ds' neighborhood. I'd go ahead and have your trees inspected as you mentioned was happening this year anyway. I'd probably give him a copy of the report just to be nice and hopefully alleviate some of his concern. But that's as far as i'd go with it if there's nothing wrong with the trees and you enjoy them.
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pinklady
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Nov 14, 2016 23:47:03 GMT
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Post by pinklady on Apr 27, 2023 15:24:32 GMT
He asked if you'd consider it. Sure you considered it and decided not to cut your trees. The trees were there long before the neighbor so unless they are on hanging over the property line on his property, "no" is an acceptable answer.
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Post by bluebird71 on Apr 27, 2023 15:48:52 GMT
I don't even own a house and the info on this thread is making me love renting even more. I have learned so much from all the comments and information here!
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Rhondito
Pearl Clutcher
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Jun 25, 2014 19:33:19 GMT
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Post by Rhondito on Apr 27, 2023 16:18:41 GMT
I think it's an odd way to start off meeting your neighbor. We are due to have our trees looked at this year. We have them trimmed and thinned about every 7 years. You're being responsible and proactive in my opinion and this is as far as I would go with the issue. I wouldn't cut my trees unless necessary.
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Post by gizzy on Apr 27, 2023 16:37:21 GMT
Once he sees that you take your tree care seriously, hopefully you can develop a nice neighborly relationship.
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Post by mellyw on Apr 27, 2023 16:49:06 GMT
I think it's an odd way to start off meeting your neighbor. We are due to have our trees looked at this year. We have them trimmed and thinned about every 7 years. You're being responsible and proactive in my opinion and this is as far as I would go with the issue. I wouldn't cut my trees unless necessary. All this. It’s a shame he didn’t introduce himself first and then had a separate conversation about the trees. Because as others have said, doesn’t hurt to ask and he obviously has anxieties with what occurred at his sons If after I explained how the trees are taken care of and the conversation kept going with him pushing, I’d be grumpy about it to like your DH
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Post by gmcwife1 on Apr 27, 2023 17:29:26 GMT
Dh had this exact same conversation with our neighbor a couple weeks ago. Trees on their side but right up against the fence and near our garage. The next day the neighbor told us it would be $2200 to cut tree down and asked if we would pitch in. We gave them $700 and the tree was taken down within three days.
Communication is not dh’s strong point so his conversation probably sounded very similar. I wasn’t too excited to pitch in since we paid for the fence and didn’t ask for help. But we’ve lived here 13 years and even though they rent the house out, we haven’t had any problems with them.
We already love having the tree gone along with the worry of damage.
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scrappert
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Location: Milwaukee, WI area
Jul 11, 2014 21:20:09 GMT
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Post by scrappert on Apr 27, 2023 17:39:09 GMT
I feel that was a very awkward thing to ask so soon in the neighbor relationship! At least get to know the neighbors before you ask something like that. I have no idea what to do but ignore him. (not helpful I know) I am in the other direction, our neighbor behind has a HUGE tree that shades our back yard nicely for the summer. I "heard" they had someone out to see about cutting it down. I will be so sad...and hot this summer! LOL
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Post by belgravia on Apr 27, 2023 18:26:09 GMT
We have many large trees on our property and I’m pretty vigilant about having them pruned annually by a certified arborist and making sure they’re healthy. If you get them pruned, make sure that any branches overhanging his property are trimmed back, so he’s not tempted to do it himself. It’s a big expense, but we value our trees and want to make sure they’re well cared for. I wouldn’t go beyond that. As others have noted, he knew full well of the trees when he bought the house.
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