Neighbor / Tree law
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Neighbor / Tree law (by dino [CA]) Jun 29, 2022 11:44 PM
       Neighbor / Tree law (by Ray-N-Pa [PA]) Jun 30, 2022 7:31 AM
       Neighbor / Tree law (by DJ [VA]) Jun 30, 2022 7:34 AM
       Neighbor / Tree law (by Robert J [CA]) Jun 30, 2022 8:26 AM
       Neighbor / Tree law (by Ken [NY]) Jun 30, 2022 8:36 AM
       Neighbor / Tree law (by Still Learning [NH]) Jun 30, 2022 8:51 AM

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Neighbor / Tree law (by dino [CA]) Posted on: Jun 29, 2022 11:44 PM

Sounds a little weird but I've got something called a double trunk palm tree.

The original, oldest, and tallest trunk is completely on our side of the property line.

The second, younger, shorter trunk grows out of the original root system under ground of the original older trunk. However at ground level the second younger trunk is on both sides of the property line (because it grew at an angle towards the property line).

I assume this one might stump the lawyers, but, is the entire tree (both trunks) under my legal control so that I can remove the entire tree including both trunks???


Neighbor / Tree law (by Ray-N-Pa [PA]) Posted on: Jun 30, 2022 7:31 AM

I can't speak to SoCal law, but in lines extend into the air. So say the tree that is clearly on the neighbors property - and a dead limb from that same tree is hanging over your house .....that is your limb.

So in a case where 100% of a certain part of the trunk is on your property only, you could remove it. When a tree is consider a boundary tree, both parties have joint ownership and you need permission from all parties (it is possible you could have four joint owners) before taking the tree.

Shared maintenance on common items, like trees or driveways is a pain typically. Tossing in a few extra dollars goes a long way in allowing the neighbors to agree with you.

Neighbor / Tree law (by DJ [VA]) Posted on: Jun 30, 2022 7:34 AM

I recently removed a large tree that was straddling the apparent property line.

No official survey; talked to the neighbor.

We made a verbal agreement that it was OK to remove it, and I typed up a written agreement for her to sign stating that she would not claim any loss in value to her property due to the tree removal, and that she understood the normal risks of tree removal, etc.

I also had it done by pros with a solid reputation.

Whether it was legally necessary may be questioned, but better to CYA.

It's also always better when you have neighbor knowledge & cooperation/agreement.

Have you spoken to the neighbor?

Neighbor / Tree law (by Robert J [CA]) Posted on: Jun 30, 2022 8:26 AM

Cal. Civ. Code § 833

Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another. --47.156.xx.xx

Neighbor / Tree law (by Ken [NY]) Posted on: Jun 30, 2022 8:36 AM

Easiest thing would be go talk to the neighbor owner,i am taking down several trees at my house,i told my neighbor i wanted to cut 1 particular tree and am not sure whose property it is on and he was happy to let me have it removed by pros at my expense --74.77.xx.xx

Neighbor / Tree law (by Still Learning [NH]) Posted on: Jun 30, 2022 8:51 AM

Just did this at 1 building. The original tree was cut before we owned it. 2 trunks grew and 1 came down into my building’s side area. The standing trunk leaned toward his multi. We use a pro and have split the cost before for trees on the line. Neither of us know the exact line. He gave permission to remove it and would have chipped in but the tree company said it was so minimal they didn’t call it out separately from the other work I had quoted. I got permission in writing to take it down.

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