Can my neighbor cut our tree's branches off?

[EllenFrasier]

We have a beautiful oak tree next to our house. It is huge - probably 75 years old or so. Nice shape, lovely leaves, no disease at all. This year the power company for our area cut some trees down at the back of our property and cut some down that were too far into our yard. Nothing we could do about it after the fact, but when my husband called and complained the power company asked what we would like done. My husband told them about the oak tree and that it had some branches hanging over our fence and almost touching the power lines, so they came with their bucket truck this summer and trimmed the branches over our roof and by the power lines.
So today our next door neighbor came over by the fence and starts off the conversation with "I don't want any trouble, but I'm going to have someone come in and look at the tree and have some branches trimmed off." He said the squirrels are driving him nuts (no pun intended) because they throw the acorns on his roof and it wakes him up. He was pointing at the property line as he's saying he's going to have the branches trimmed back. And I told him that was okay with me if he had the branches trimmed over his house, and I repeated "you're just having the branches over your house trimmed, right?" and he made some reply that was not a yes or a no. He asked who trimmed it before and I told him about the situation with the power company - he made a remark that we should have had them trim the branches over his house, but the power company would not do that because it was over someone else's house and there were no wires involved.
So now I don't know what to do. Can he actually trim the branches back to the property line? I don't want the tree to die and I don't want it to look like lightning sheared it in half.

 

[okeydokey]

I think if your tree is infringing on his property he has the right to trim it. You should call your planning board or city council and ask what the rules in your community say.

 

[MM27]

If your tree hangs into his yard, of course he has the right to cut it.

 

[happygirl]

Sadly, if the branches are hanging in his yard. He sure can

 

[lisajl]

Yes, he can, we are planning to do that to our neighbors trees.
He has been a real jerk and won't do it himself. I'll be darned if another one of his vines hanging off his trees will kill another lilac bush of mine.

 

[aprilgail2]

I don't know about your area but here we can cut back anything that hangs over our property line. My neighbors big full round maple tree looks like half a flat tree since we had it cut straight up the property line. The town tells me I can take them to small claims court and they would have to pay the tree trimming bill but I like my neighbors so no way would I take them to court!
I had all the trees on my property cut down so I certainly did not want someone elses hanging over my yard dropping leaves all over the place!

 

[pilotwife_02]

In the town we used to live we could cut the branches if they were on our property. We had to do that since our neighbors HUGE old tree had a branch that hung directly over our driveway where we parked our cars (we didn't have a garage). We were afraid it would break off with a bad wind storm, heavy snow and land on our car.

We told our neighbor why and he was a sweet old man who understood and even offered to pay for it, but of course, we refused.

 

[a1tinkfans]

We have a beautiful oak tree next to our house. It is huge - probably 75 years old or so. Nice shape, lovely leaves, no disease at all. This year the power company for our area cut some trees down at the back of our property and cut some down that were too far into our yard. Nothing we could do about it after the fact, but when my husband called and complained the power company asked what we would like done. My husband told them about the oak tree and that it had some branches hanging over our fence and almost touching the power lines, so they came with their bucket truck this summer and trimmed the branches over our roof and by the power lines.
So today our next door neighbor came over by the fence and starts off the conversation with "I don't want any trouble, but I'm going to have someone come in and look at the tree and have some branches trimmed off." He said the squirrels are driving him nuts (no pun intended) because they throw the acorns on his roof and it wakes him up. He was pointing at the property line as he's saying he's going to have the branches trimmed back. And I told him that was okay with me if he had the branches trimmed over his house, and I repeated "you're just having the branches over your house trimmed, right?" and he made some reply that was not a yes or a no. He asked who trimmed it before and I told him about the situation with the power company - he made a remark that we should have had them trim the branches over his house, but the power company would not do that because it was over someone else's house and there were no wires involved.
So now I don't know what to do. Can he actually trim the branches back to the property line? I don't want the tree to die and I don't want it to look like lightning sheared it in half.

Power companies have the right to trim back branches that can disrupt service......
Each property owner owns his own space, regardless of where the tree starts (base/root), thus if your tree is anywhere on HIS property, he can trim to his property line. That being said...you can have a neighbor like mine that Refused my tree company from climbing his (row of) 90' oak trees that come over into my yard atleast 20' blocking all light...he told them they could not access the tree, BUT they could cut from my side...interesting since the tree is about 5 ' in his property and the huge branches that hang over start about 20' high...thus the tree branches could not be trimmed without a bucket truck. Believe me, if I could have driven a tractor thru, I would have...but fencing nixed that idea ...trees are beautiful...when they are cared for and maintained and they don't ,make you feel awful that you come home to darkness by 2pm and don't get Light till 11-11:30 am ...sounding annoyed, YUP I am disgusted.....His house is up for sale...I will Celebrate when he moves...a nasty unhappy person that is plain inconsiderate...I especially love the car parked on his front lawn, just lovely ..no one likes him....gee wonder why.........MOVE, pls MOVE soon....

 

[tigercat]

Here we can cut if there is a problem as long as it does not damage the tree in any way. If the trim kills the tree we have to reimburse the neighbour for the tree.
tigercat

 

[HelenePA]

Oh yeah if they are over his property he can do what ever he wants with them.. our neighbor has a very very very old tree in her yard.. very pretty but its branches came so far on to my side it knocked in my 3rd floor window during a winter storm. She had her son cut down the branches for us, only because he had a lot more spare time than dh does.

 

[dakcp2001]

Just ask him, and ask to be present when the tree cutters are there. Then you can tell them what you agree to. It will be fine!

 

[minkydog]

I don't know about your area but here we can cut back anything that hangs over our property line. My neighbors big full round maple tree looks like half a flat tree since we had it cut straight up the property line. The town tells me I can take them to small claims court and they would have to pay the tree trimming bill but I like my neighbors so no way would I take them to court!
I had all the trees on my property cut down so I certainly did not want someone elses hanging over my yard dropping leaves all over the place!

I understand why you did it, but I think that's just sad. Cut up a tree like that.

 

[Magic Mom]

My mom's neighbor cut back her 25 year old grapefruit tree and killed it. We were so sad. It produced bags and bags of giant pink grapefruits every year. It was his right, but it was a rotten thing to do.

 

[EllenFrasier]

Just ask him, and ask to be present when the tree cutters are there. Then you can tell them what you agree to. It will be fine!

Thank you! Your words have calmed me down somewhat. I've also read that I should take pictures of the tree before it's done, while it's being done and afterwords in case the tree dies. Is that a good idea?

 

[tvguy]

Yes he can trim it, but some areas have special rules if that is a Heritage Oak Tree.
Here in California, an arborist has to supervise the trimming of a Heritgage Oak and I think you need a permit.
Oak trees are kind of hard to deal with. They are beautiful trees, but they have a habit of having large branches snap off, and then you could be on the hook for damages caused to your neighbor's property. We get maybe 3 or 4 big wind storms a year here, and with those winds come cars crushed by oak limbs, and houses extensively damaged.

 

[happygirl]

Thank you! Your words have calmed me down somewhat. I've also read that I should take pictures of the tree before it's done, while it's being done and afterwords in case the tree dies. Is that a good idea?

My suggestion would be for you to take care of it. So you know it's done right.

 

[aprilgail2]

Just ask him, and ask to be present when the tree cutters are there. Then you can tell them what you agree to. It will be fine!

She can be there but it does not matter in the least what she agrees to have trimmed or not if it is hanging over the other persons property. They can cut it straight up the property line---regardless of if she agrees or not.

 

[luvmy3]

When we moved in we had to trim back our neighbors tree because the branches were hanging over our roof and our deck. Since last years bad ice storm we want to approach the current neighbors and ask if we can have the tree taken down. Its a beautiful huge maple but I don't want my home damaged because of it. If they don't agree then we will have it cut right up the property line so that there are zero branches hanging over our side.

 

[JoiseyMom]

Thank you! Your words have calmed me down somewhat. I've also read that I should take pictures of the tree before it's done, while it's being done and afterwords in case the tree dies. Is that a good idea?

I agree with this advice. Take pictures before, during and after. Video can't hurt while it's being done too. But another poster suggested you guys doing it yourself too, that might work out better since you get to control how it's done.

 

[kwitcherkicken99]

Sounds like my nutty neighbor. Technically, yes, it's on his property, but acorns waking him... really??? Sounds kinda squirrely to me...