Does anyone know what we can do about our neighbor's huge 80-foot tall
tree directly next to the property line; at least half of the tree hangs
on our side.

We are in a high wind area, frequently in excess of 60+ mph, always
blowing in the direction of our house, putting our house in danger of
the tree falling.

Presently the tree is "raining" sap and sap-laced particles that cover
our house, cars and all the walkways. Just walking in the back yard the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it.

The tree was trimmed once about 5 years ago, but now the neighbor says
money is tight and he won't do it again, even though he stated he knows
it needs trimming.

Legally, what can we do?

Thanks for any advice - we are desperate!

The tree was trimmed once about 5 years ago, but now the neighbor says
money is tight and he won't do it again, even though he stated he knows
it needs trimming.


You could offer to pay for the trimming. If you pay they would probably
follow your wishes. The raining sap is caused by insects. You could offer
to have the tree sprayed as well. Legally you have no ability to make him
do anything so reach for your wallet.

On May 17, 5:58 pm, (J.R. Freedman) wrote:
Does anyone know what we can do about our neighbor's huge 80-foot tall
tree directly next to the property line; at least half of the tree hangs
on our side.

We are in a high wind area, frequently in excess of 60+ mph, always
blowing in the direction of our house, putting our house in danger of
the tree falling.

Presently the tree is "raining" sap and sap-laced particles that cover
our house, cars and all the walkways. Just walking in the back yard the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it.

The tree was trimmed once about 5 years ago, but now the neighbor says
money is tight and he won't do it again, even though he stated he knows
it needs trimming.

Legally, what can we do?

Thanks for any advice - we are desperate!

Any part of the tree on your property is yours and you can do anything
you want including cutting it off.

Another possibility is that tree trimming may be covered by homeowners
insurance. I know of case where insurance company paid for limb
removal from a neighboring tree because limb threatened garage and if
it fell on garage would have cost insurance company much more.

On May 18, 7:40*am, Frank wrote:
On May 17, 5:58 pm, (J.R. Freedman) wrote:





Does anyone know what we can do about our neighbor's huge 80-foot tall
tree directly next to the property line; at least half of the tree hangs
on our side.

We are in a high wind area, frequently in excess of 60+ mph, always
blowing in the direction of our house, putting our house in danger of
the tree falling.

Presently the tree is "raining" sap and sap-laced particles that cover
our house, cars and all the walkways. Just walking in the back yard the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it.

The tree was trimmed once about 5 years ago, but now the neighbor says
money is tight and he won't do it again, even though he stated he knows
it needs trimming.

Legally, what can we do?

Thanks for any advice - we are desperate!

Any part of the tree on your property is yours and you can do anything
you want including cutting it off.


Not exactly. In most cases, the right to the air space above your
property allows you to trim back any tree that extends over the
property line into your air space. But in general, it also needs to
be done in a reasonable way so as to not destroy the tree. Local laws
may vary.

Since it appears money is the issue, I'd discuss trimming it with the
neighbor, offering to pay for it, etc, hoping to resolve it and get
agreement before trimming it.




Another possibility is that tree trimming may be covered by homeowners
insurance. I know of case where insurance company paid for limb
removal from a neighboring tree because limb threatened garage and if
it fell on garage would have cost insurance company much more.- Hide quoted text -

- Show quoted text -

"J.R. Freedman" wrote in message
...

Does anyone know what we can do about our neighbor's huge 80-foot tall
tree directly next to the property line; at least half of the tree hangs
on our side.

We are in a high wind area, frequently in excess of 60+ mph, always
blowing in the direction of our house, putting our house in danger of
the tree falling.

Presently the tree is "raining" sap and sap-laced particles that cover
our house, cars and all the walkways. Just walking in the back yard the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it.

The tree was trimmed once about 5 years ago, but now the neighbor says
money is tight and he won't do it again, even though he stated he knows
it needs trimming.

Legally, what can we do?

Thanks for any advice - we are desperate!





Basically, you can do nothing to prevent what you anticipate.

Current conditions, document by pictures and date/time. Videotape or
digital camcorder any voiced expectations to the neighbor owning the tree.
Any USPS mail to neighbor should be checked by a local lawyer regarding the
problem and liability of any language that you use in that letter. Check
with a local lawyer regarding any current problems that the tree is causing
and possible remedies. If you were truly desperate, doubt that you'd be
posting here for a solution.

Last but not least, continue to be a good neighbor, and hope the neighbor
does the same.
--
Dave

Parkinson's disease, not easy to define.
Much less cure.

On May 18, 5:09*pm, Chuck
wrote:
J.R. Freedman wrote:
Does anyone know what we can do about our neighbor's huge 80-foot tall
tree directly next to the property line; at least half of the tree hangs
on our side. *

We are in a high wind area, frequently in excess of 60+ mph, always
blowing in the direction of our house, putting our house in danger of
the tree falling.

Presently the tree is "raining" sap and sap-laced particles that cover
our house, cars and all the walkways. Just walking in the back yard the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it.

The tree was trimmed once about 5 years ago, but now the neighbor says
money is tight and he won't do it again, even though he stated he knows
it needs trimming.

Legally, what can we do?

Thanks for any advice - we are desperate!

Have you approached your neighbor about moving the tree? *This can be
costly but it saves the tree and your mental health.

--

Yeah, the tree is only 80 ft tall. I'm sure moving the tree is a real
practical solution.






Charles and Hudson
/make it your home/
charlesandhudson.com http://www.charlesandhudson.com- Hide quoted text -

- Show quoted text -

On May 19, 12:43*am, "Dioclese" NONE wrote:
"J.R. Freedman" wrote in message

...







Does anyone know what we can do about our neighbor's huge 80-foot tall
tree directly next to the property line; at least half of the tree hangs
on our side.

We are in a high wind area, frequently in excess of 60+ mph, always
blowing in the direction of our house, putting our house in danger of
the tree falling.

Presently the tree is "raining" sap and sap-laced particles that cover
our house, cars and all the walkways. Just walking in the back yard the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it.

The tree was trimmed once about 5 years ago, but now the neighbor says
money is tight and he won't do it again, even though he stated he knows
it needs trimming.

Legally, what can we do?

Thanks for any advice - we are desperate!

Basically, you can do nothing to prevent what you anticipate.


Nonsense. In most cases, you can trim overhanging branches on your
side back to the property line.




Current conditions, document by pictures and date/time. *Videotape or
digital camcorder any voiced expectations to the neighbor owning the tree.
Any USPS mail to neighbor should be checked by a local lawyer regarding the
problem and liability of any language that you use in that letter. *Check
with a local lawyer regarding any current problems that the tree is causing
and possible remedies. *If you were truly desperate, doubt that you'd be
posting here for a solution.

Last but not least, continue to be a good neighbor, and hope the neighbor
does the same.
--
Dave

Parkinson's disease, not easy to define.
Much less cure.- Hide quoted text -

- Show quoted text -

wrote in message
...
On May 19, 12:43 am, "Dioclese" NONE wrote:
"J.R. Freedman" wrote in message

...







Does anyone know what we can do about our neighbor's huge 80-foot tall
tree directly next to the property line; at least half of the tree hangs
on our side.

We are in a high wind area, frequently in excess of 60+ mph, always
blowing in the direction of our house, putting our house in danger of
the tree falling.

Presently the tree is "raining" sap and sap-laced particles that cover
our house, cars and all the walkways. Just walking in the back yard the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it.

The tree was trimmed once about 5 years ago, but now the neighbor says
money is tight and he won't do it again, even though he stated he knows
it needs trimming.

Legally, what can we do?

Thanks for any advice - we are desperate!

Basically, you can do nothing to prevent what you anticipate.


Nonsense. In most cases, you can trim overhanging branches on your
side back to the property line.

----------
The only thing I read that is possibly anticipated was the tree falling
their house. How is a wind-induced fall of a tree going to be stopped by
trimming on the down-wind side of the tree, and the majority of the tree
untrimmed as the trunk of tree is in the neighbor's yard?
I consider the response "Nonsense" as an insult.
--
Dave

Parkinson's disease, not easy to define.
Much less cure.

On May 20, 7:56*am, "Dioclese" NONE wrote:
wrote in message

...
On May 19, 12:43 am, "Dioclese" NONE wrote:





"J.R. Freedman" wrote in message

...

Does anyone know what we can do about our neighbor's huge 80-foot tall
tree directly next to the property line; at least half of the tree hangs
on our side.

We are in a high wind area, frequently in excess of 60+ mph, always
blowing in the direction of our house, putting our house in danger of
the tree falling.

Presently the tree is "raining" sap and sap-laced particles that cover
our house, cars and all the walkways. Just walking in the back yard the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it.

The tree was trimmed once about 5 years ago, but now the neighbor says
money is tight and he won't do it again, even though he stated he knows
it needs trimming.

Legally, what can we do?

Thanks for any advice - we are desperate!

Basically, you can do nothing to prevent what you anticipate.

Nonsense. * In most cases, you can trim overhanging branches on your
side back to the property line.

----------
The only thing I read that is possibly anticipated was the tree falling
their house. *How is a wind-induced fall of a tree going to be stopped by
trimming on the down-wind side of the tree, and the majority of the tree
untrimmed as the trunk of tree is in the neighbor's yard?
I consider the response "Nonsense" as an insult.
--
Dave


I guess you didn't read this part:

"Presently the tree is "raining" sap and sap-laced particles that
cover
our house, cars and all the walkways. Just walking in the back yard
the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it. "


Sure sounds like trimming back the branches can be a solution to part
of the problem. And also he stated:

"The tree was trimmed once about 5 years ago, but now the neighbor
says
money is tight and he won't do it again, even though he stated he
knows
it needs trimming. "

That suggests that the OP thinks trimming worked in the past. So,
I'd say he can very likely trim the tree now, as opposed to being told
that legally there is nothing he can do because it's anticipatory.

Well I sort of had this type of issue just last week not that scale
though. Backyard chainlink fence, neighbors oh 10' tree and some of his
bushes had grown about 3' into my space making it difficult for me to
mow up to the fence. Out I got the power shears and no more overhang :-)

wrote in message
...
On May 20, 7:56 am, "Dioclese" NONE wrote:
wrote in message

...
On May 19, 12:43 am, "Dioclese" NONE wrote:





"J.R. Freedman" wrote in message

...

Does anyone know what we can do about our neighbor's huge 80-foot tall
tree directly next to the property line; at least half of the tree
hangs
on our side.

We are in a high wind area, frequently in excess of 60+ mph, always
blowing in the direction of our house, putting our house in danger of
the tree falling.

Presently the tree is "raining" sap and sap-laced particles that cover
our house, cars and all the walkways. Just walking in the back yard
the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it.

The tree was trimmed once about 5 years ago, but now the neighbor says
money is tight and he won't do it again, even though he stated he
knows
it needs trimming.

Legally, what can we do?

Thanks for any advice - we are desperate!

Basically, you can do nothing to prevent what you anticipate.

Nonsense. In most cases, you can trim overhanging branches on your
side back to the property line.

----------
The only thing I read that is possibly anticipated was the tree falling
their house. How is a wind-induced fall of a tree going to be stopped by
trimming on the down-wind side of the tree, and the majority of the tree
untrimmed as the trunk of tree is in the neighbor's yard?
I consider the response "Nonsense" as an insult.
--
Dave


I guess you didn't read this part:

"Presently the tree is "raining" sap and sap-laced particles that
cover
our house, cars and all the walkways. Just walking in the back yard
the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it. "


Sure sounds like trimming back the branches can be a solution to part
of the problem. And also he stated:

"The tree was trimmed once about 5 years ago, but now the neighbor
says
money is tight and he won't do it again, even though he stated he
knows
it needs trimming. "

That suggests that the OP thinks trimming worked in the past. So,
I'd say he can very likely trim the tree now, as opposed to being told
that legally there is nothing he can do because it's anticipatory.

------------------------

All of the above of what you copied/pasted I interpreted as what did happen,
and will continue to happen. Not JUST anticipated to happen. The tree
falling over to the property is only example noted as anticipated. But, you
probably know that.
--
Dave

Parkinson's disease, not easy to define.
Much less cure.

I understand that you can cut back any parts of vegitation that overhang your land. However, they are not your property and you must return then to the neighbor.

He is not obliged to cut back if he sees no need.

How about contacting your local council and asking them what the regulations are.

Just a thought - tree preservation order may be in place?

Would also reitterate speak to a lawyer if you think things may get out of had. Is there a local tree surgeon who may give out advice - they'd be bound to have been in similar situations.

Good luck

J.R. Freedman:

Thanks for any advice - we are desperate!

I would denude everything hanging over the fence and pile it in his yard.

"J.R. Freedman" wrote in message
...

Does anyone know what we can do about our neighbor's huge 80-foot tall
tree directly next to the property line; at least half of the tree hangs
on our side.

We are in a high wind area, frequently in excess of 60+ mph, always
blowing in the direction of our house, putting our house in danger of
the tree falling.

Presently the tree is "raining" sap and sap-laced particles that cover
our house, cars and all the walkways. Just walking in the back yard the
bottoms of our shoes are caked with it.

Our cars need to be washed several times a week or the sap bakes into
the paint.

About 99% of all the leaves and sap and danger affects us and he
experiences almost none of it.

The tree was trimmed once about 5 years ago, but now the neighbor says
money is tight and he won't do it again, even though he stated he knows
it needs trimming.

Legally, what can we do?

Thanks for any advice - we are desperate!

Offer to pay for spraying the bugs that cause the sap, or offer to have the tree
removed on your dime.