Conflicts Involving Tree Removal and Neighbors

Trees can provide your property with shade during summer and also provide a sanctuary for songbirds and overall beauty. However, they can also cause tension between neighbors if not maintained in a proper manner, spill debris on the fence or cause problems. Although neighbors and trees are sometimes an uneasy combination, particularly between neighbors who typically don’t have a good relationship, it’s vital to be aware of your rights and responsibilities prior to taking drastic steps.

Below are the responses to frequently asked questions on conflicts between neighbors and trees, which includes the rights to trim branches that extend into the neighboring property and how trees are connected to (and often determine) the boundaries between property.

If the branches of a neighbor’s tree are hanging over my property Can I cut them down?

Yes. As per law, you have the right to cut branches and limbs which extend beyond your boundary of your property. The law, however, restricts trimming trees and cutting them until the boundary of your property. It is not permitted to go onto the neighbor’s property , or even cut the tree. If you damage or damage the trees, then you may be held accountable for three times the cost that the tree has. The majority of trees have a value between $500 and $2500. Ornamental or landmark trees could be worth between $20,000 to $60,000.

If my neighbor has the fruit tree, and its branches are hanging above my home, am I able to consume the fruit?

No. The fruit from the tree belongs to the person who owns the tree, therefore avoid picking any fruits. The courts are divided over what is allowed to fall fruits, however, look up your local laws to determine whether you are allowed to eat fruits that fall off the tree.

If the leaves of my neighbor keep flying into my yard can I make a nuisance claim?

No. Leaves are considered to be a natural product. Even if they cause harm, such as the clogging of your pipes or gutters there are no legal rights against the owner of the tree.

If, however, the tree branches that are shedding the leaves are hanging over your yard, or the tree trunk is encroaching onto the property of yours, you are entitled to the right to trim those branches until they reach the property boundary.

The majority of a huge tree is atop my property, but the trunk is located in the yard of a neighbor. Who is the owner of the tree?

The neighbor is the owner. As long as the tree’s remains located in the neighbor’s backyard it belongs to the neighbor.

If the trunk of a tree is divided between the property lines of more than two people the tree is referred to as “boundary tree. “boundary tree.” When it comes to “boundary trees, “boundary tree,” all of the property owners are owners of the tree and share the responsibility for its care. Tree removal that is not with the consent of all property owners is illegal.

My neighbor excavated his property and killed a tree across my property line. Do I have a right to an amount of compensation?

Anyone who participates in tree removal, tree cutting or injuring the tree without owner’s consent is responsible to compensate the owner of the tree.

A storm ripped down the neighbor’s tree’s limb onto my property, causing damage to my car, house, and yard furniture. Is he accountable for the damage?

The court is likely to apply the fair care requirement. If the neighbor took reasonable care in maintaining the tree’s branch and the branch did not appear to anyone who is reasonable to be in danger of falling and fall, then it probably wasn’t. If an intelligent person could not have prevented this happening or in other way it’s deemed to be to be an “Act of God,” and the neighbor will not be responsible.

On the other hand when the tree was not properly maintained and your neighbor was aware or ought to have realized whether the trees or their branches could pose risk, the neighbor could be held responsible for any damages he that were caused.

My neighbor’s tree appears like it’s about to fall over my house. What can I do?

The landowner is responsible for maintaining the trees that are on their property. Legally, they are required to perform two responsibilities: conduct reasonable inspections and make sure the tree is secure. If your neighbor fails to remove the dangerous tree and the tree does cause harm, the neighbor could be held accountable.

If you’ve spoken with your neighbor regarding the issue with the tree, but the neighbor hasn’t taken any action about it, you are protected by laws to will protect you. The tree could constitute an annoyance in that it interferes in your use and enjoyment of your property. You can submit a nuisance complaint, and if a judge finds that the real cause is in fact a problem, it could require the tree to be to be removed.

The majority of cities have ordinances that ban homeowners from maintaining dangerous situations on their land. If you contact your city they can either remove the tree on their own or ask your neighbor to remove it.

Utility companies could be interested in the removal of the tree if the tree’s condition is threatening any of their equipment or creates an hazard to fire. A simple phone call to a utility firm could lead them to remove the tree by themselves.

The spread of tree roots across my property caused damage to my neighbor’s septic tank/swimming pool. Do I have to pay my neighbors?

In many states, the neighbor who is causing trouble is able to participate in pruning of the tree or cutting it her own, but she isn’t able to assert a claim against the owner of the tree. Some states allow neighbors can sue if the following conditions are satisfied:

  • In the event of damage to property, a property owner can sue her neighbor to have the neighbor remove the branches that block the property of the landowner.
  • A serious injury caused by tree limbs that are encroaching or tree roots can cause a lawsuit. “Serious harm” usually requires structural damage.
  • If an overlying tree was planted but not natural, the neighbor could be able to sue.
  • A neighbor can only be sued only if the tree is considered to be noxious. “Noxious” means that the tree must be intrinsically hazardous or poisonous, and the tree must cause harm.

Common Causes of Tree Removal

Trees are an attractive and useful aspect of the world all around us. Many homeowners love the trees they have and try to do everything they can to maintain their health. The same goes for Ping’s, who is committed to offering the best tree care, both remedial and preventative. However, even with the best attempts, there can be occasions that trees need to be removed. This blog will discuss some of the most frequent situations that call for removal of trees.

Dead Trees

Every homeowner or property manager is apprehensive about seeing trees die. The sad reality is that trees die from time to time. When a tree dies and is gone, there’s nothing else to do…except to take it down. The removal is essential since a dead tree will slowly weaken. As the tree becomes weaker it will lose its capacity to withstand the force of the storm or additional weight. The force of snow, ice, storms and winds may break branches off or even bring down the dead tree. The falling of a dead or even a single branch could cause significant destruction to nearby homes vehicles, homes, or individuals. Dead trees are a huge danger and must be taken down in the earliest time feasible.

Trees with diseases

The most common reason for death to trees is the disease. It is possible to not be aware the tree is infected until irreparable damage has already taken place. In recent times central Indiana has been hit by a severe outbreak of the emerald Ash borer. A number of ash trees have lost their lives because of this insect. If you own an ash tree with a diseased condition it is crucial to get it examined promptly to ensure that it is taken care of before it is too late. The removal of a tree immediately that is in need of aid is typically the recommended. This not only helps avoid the eventual weakness that may occur as the tree ages and dies, but it also will stop the spread of the illness to the surrounding trees. If you spot symptoms of an illness in your tree Ping’s will look into the tree and suggest action.

Trees that have been damaged

Unfortunately, some healthy trees are subject to damage that is inevitable. Extreme weather (both storms and winter storms) can harm trees. Particularly, lightning may cause injury when it strikes. Trees can be seriously injured by lightning strikes. It could take years for the tree to reveal the extent of the damage. Other causes of damage include animals, or accidentally contact with a vehicle or another solid object. It is important to analyze this situation and determine whether the tree will be repaired. Ping’s assist you in making an informed choice about the tree that is damaged.

Encroaching Trees

The trees are active and growing, which means their impacts on their environment may alter. When they are planted the tree, it may have an ideal spot. But, as they grow, new structures are constructed around trees. Tree roots nearby can cause problems with the foundation of a home or building. Additionally, the growing branches could block the path of power lines and other utilities. Additionally, trees could become obstructed by a favorited view. The trees that cause these kinds of problems are typically removed.

Anxious Trees

Some trees are not equally loved. Certain healthy trees can be unattractive. They might shed annoying seeds or produce fruit. Certain trees are naturally fragile and more prone to breaking. In some cases, it may just be a preference for a specific kind of tree. In other cases it could be that you want to use the land that is occupied by a tree for a different use. If you find yourself with an unattractive tree, its removal is entirely up to you. You can decide to do it at your time or decide it’s not worth the effort and just let it be.

Tips for a safe and Efficient Tree Removal

Although arborists think of tree removal to be an option last resort, in some cases it is necessary to maintain the health of trees. Many people don’t realize the significance of hiring experts that provide the tree-removing services. It is important to understand that removing a tree not as easy as possessing a chainsaw and knowing the location of the tree when the tree is cut. It’s a difficult process that requires the experience of experts to protect the people involved and the property.

  • Examine the Tree Carefully

    A tree’s removal is always an option that is the last choice. Therefore, a thorough inspection is essential prior to making a final decision. If you are looking at the tree, bear the end in mind that could range from creating spaced removing it due to its health or cutting down dead parts. This will allow you to ensure you don’t cut down an unhealthy tree accidentally.

  • Use the Correct Tree Removal Equipment and Safety Equipment

    It is advisable to put on the appropriate safety equipment such as helmets, gloves or safety vest, earplugs, goggles and shoes that are sturdy. This can help decrease the chance of accident. It is also essential to choose the correct kind of equipment for the task to increase efficiency and eliminate any problems.

  • Follow the Instructions of the Device Carefully

    When using heavy machinery to cut down limbs or stumps it is always advisable to understand and follow the directions in the user’s manual that comes with the equipment. This is because using a sharp tools like chainsaws that are not properly understood can be a danger to yourself and others near you.

  • Be aware about Tree Removal Do’s and Don’ts

    Tree removal is more than the capabilities of equipment like a chainsaw. It requires a range of elements like assessing the state of the tree, taking a look at the surrounding environment as well as the physics of the task and much other. It is therefore important to be aware of what to avoid when removing trees like climbing up a ladder without help or cutting trees near utility lines without taking a look at the location, not knowing the rules for regional the removal of trees, and much more.

  • Consult an Expert If You Are Uncertain

    It is always a good idea to call the experts if you’re not sure where to start in the process of removing trees. This is due to the fact that any small error when working on the project could result in injuries or even prove to be costly.

Top 5 Reasons To Get Tree Removal?

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No matter if you’d like to admit it or not, at times you’re faced with ‘an ax to grind’, and that’s not a joke. Are you forced to eliminate the tree that is ugly or diseased as it is making your home appear less attractive? In this blog, we’ll provide you with five reasons to get rid of the tree in your home.

However, tree removal could be risky work if not performed by a skilled professional. That’s why it’s crucial to get rid of trees with the assistance of a professional tree removal firm. A tree removal expert can:

  • Find out what you need
  • Find the answer
  • Takedown the tree

There are many reasons to get rid of the tree, including:

  • 1.) Tree is diseased Tree
  • 2.) Dead Tree
  • 3) Tree damaged Tree
  • 4.) Bad Location
  • 5) Unorganized Looking Tree

1) Tree that is diseased

If a tree is infected means it’s likely that it won’t be saved. A certified arborist will try to determine the circumstances and advise you on the most effective way to proceed, however probably, despite their most effective efforts made, your tree might require removal.

2.) Dead Tree

A dead tree does nothing to improve your yard, in reality, it’s damaging your property and could easily become a hazard when it is placed over your parking or business space. Dead trees should be taken care of before it begins to decay and cause significant destruction to your property due to time or the next storm. Additionally, it could become an area of termites’ nests and, in turn, result in infestations within your home.

3) Tree damaged Tree

Although they are a danger even though they pose a risk, damaged trees are ugly, reducing the look of your house or even your business’s front. The best option (especially in the case of trees that are badly injured) is to take down the tree.

4.) Bad Location

One of the most common reasons to take down the tree (especially the ones in Florida) is because the tree is located too close to your property or business. If bad weather hits (which in Florida is frequently enough) the tree could easily tip over and ruin your business or home. It is therefore essential to remove trees that are near your home or workplace to protect yourself.

5) messy Looking Tree

It’s a shame to say, however, that a messy tree can degrade the curb appeal of your property. If you want your home to look good for your neighbors or to get that new customer in your own business you must make sure your property appears neat and professional. Unclean trees have the potential to make your house or business look less attractive than it really is. This is the reason it is important to take down ugly trees.