Trimming Trees and Neighbors

[Butch627]

Neighbor has a 4ft diameter oak tree 15 feet from lot line. Has about a half dozen dead branches 6 in diameter that are 20ft into my yard and a young tree of mine is fighting through them. If I discuss cutting with neighbor he will try to leverage me into doing favors for him and these will linger on for a long time. If I can't cut them Id rather let nature take its course than deal with neighbor. What is Indiana law regarding trimming branches overhanging in your yard?

 

[GodFearinGunTotin]

I’m not a lawyer but I‘ll bet you if you notify him of hazards of the tree and he is put on notice and does not take steps to remedy them, if something happens that causes damage to your property you have recourse.

I don’t think you can just take action that will detrimentally affect the health of the tree or endanger his property.

Hopefully, somebody that knows more than me will chime in.

 

[Cameramonkey]

This has been discussed here several times.

You are allowed to trim ANYTHING on your side of the property line. Limbs, roots, anything. Doesnt matter. Once it crossed your line, you can cut it.
He is not required to allow you access on his side of the line to do the work. So if its easier to put the ladder on his side, tough.

If anything falls with no advance warning and you havent noticed done anything, any damage is on your homeowner's insurance.

BUT... If you look up at that and say "Hey, that dead limb 30' beyond my reach is definitely dead and I'm concerned it will fall and cause damage" or Its a huge ash tree that is dead and you are concerned it will topple over and crush your house. If you notify him in writing of the concern and he fails to take action and your fear comes true, its on his insurance to take care of it.

 

[04FXSTS]

^^^^^^^^^ What he said.
I was not sure of Indiana laws and in my home this is not a concern. When I lived in Illinois the law was the same about trimming what hung over the property line. Next door neighbor had trees that hung over my property and we hated each other. I would go out and trim straight up from the fence nothing they could complain about. Jim.

 

[Remington 90T]

You can cut anything vertically up your property line.--BUT -Do it right -- We had a case when a resident did that to an Oak tree. in the middle of the summer --tree died of oak wilt (a vascular wilt disease}- Tree owner said you cannot trim oaks between April and October do to opening up branches to the wilt spores -Neighbor clamed tree already had it but didn't take pictures? cost him the hole tree removal plus a new tree.

 

[WebSnyper]

You can cut anything vertically up your property line.--BUT -Do it right -- We had a case when a resident did that to an Oak tree. in the middle of the summer --tree died of oak wilt (a vascular wilt disease}- Tree owner said you cannot trim oaks between April and October do to opening up branches to the wilt spores -Neighbor clamed tree already had it but didn't take pictures? cost him the hole tree removal plus a new tree.

I'm curious, who made the ruling that the guy who cut the tree branches was liable?

 

[Cameramonkey]

I'm curious, who made the ruling that the guy who cut the tree branches was liable?

I was thinking the same. Either the owner had a great attorney, or the cutter felt bad and just rolled over. IANAL but the only possible thing I see that gives this any merit is him trimming when he shouldnt have. Probably due to ignorance.

I mean, if I decide to put in a pool, or are protecting my patio slab from damage and I cut the roots on my side of the line and it dies, so be it. I have to change my life or let my property be damaged just because his tree roots are in the way?

 

[ditcherman]

This has been discussed here several times.

You are allowed to trim ANYTHING on your side of the property line. Limbs, roots, anything. Doesnt matter. Once it crossed your line, you can cut it.
He is not required to allow you access on his side of the line to do the work. So if its easier to put the ladder on his side, tough.

If anything falls with no advance warning and you havent noticed done anything, any damage is on your homeowner's insurance.

BUT... If you look up at that and say "Hey, that dead limb 30' beyond my reach is definitely dead and I'm concerned it will fall and cause damage" or Its a huge ash tree that is dead and you are concerned it will topple over and crush your house. If you notify him in writing of the concern and he fails to take action and your fear comes true, its on his insurance to take care of it.

This, BUT - we have an overhanging dead limb at our church. Trustee committee issue, got a bid, ready to do the work, but a lawyer and a paralegal on the board went to the trouble to go back and look up the case law and rulings and claim that we cannot just go trim what we want.

So just fair warning, two people much smarter than this good ol country boy say all this common knowledge we have just isn’t so. Others may be out there lurking.

OP, write a letter stating what the problem is, and then at least it’s on his insurance not yours.
And it opens up the dialog, without you “owing” him any favors. Our situation ended favorably with the homeowner finding a cheaper bid to take down whole tree.

 

[Remington 90T]

I'm curious, who made the ruling that the guy who cut the tree branches was liable?

Small claims court and a good lawyer. Like I said do your homework and you will be OK

 

[Mongo59]

Trim the tree, not the neighbor. They will get you for cutting limbs off your neighbor.

 

[DoggyDaddy]

Trim the tree, not the neighbor. They will get you for cutting limbs off your neighbor.

I'm glad I'm not the only one that was thinking this way.

 

[Michigan Slim]

Trim the tree, not the neighbor. They will get you for cutting limbs off your neighbor.

Watched my neighbor working in her yard the other day. A little trim would be a good thing.

 

[Timjoebillybob]

I was thinking the same. Either the owner had a great attorney, or the cutter felt bad and just rolled over. IANAL but the only possible thing I see that gives this any merit is him trimming when he shouldnt have. Probably due to ignorance.

I mean, if I decide to put in a pool, or are protecting my patio slab from damage and I cut the roots on my side of the line and it dies, so be it. I have to change my life or let my property be damaged just because his tree roots are in the way?

I can't find it right now, but yes you can be liable if your trimming kills the tree. IIRC for up to 3x the value of the tree. It also depends on the reason for the trimming. In your examples, you might be safe, protecting your property or putting in improvements. If it's for esthetic or annoyance (don't like picking up branches/leaves that fall on your property) then maybe not.

BOUNDARY TREES IN INDIANA: OWNERSHIP, RESPONSIBILITY AND OTHER RELATED TOPICS

Trees can be assets or a nuisance, depending on one’s perspective and situation. While they may provide shade, privacy or other value to one person, they may interfere with a neighbor’s enjoyment ...

www.indianabusinesslawyerblog.com

 

[ditcherman]

^ good read.
Lots of variables, it seems.

Also this, and some patience can work. Kill it, then when you trim the limb it was already dead.