Neighbors trees hitting my house

[fullmetaljesus]

My neighbor has some large trees just inside his property line that are big enough that the branches hang over my yard and when the wind blows I can hear his tree branches hitting my house.

Am I out of line trimming the branches over my property or do I have to ask him to take care of it?

Any advice would be super.

 

[churchmouse]

I would ask him to get them cut. If he does not I have a chainsaw.

 

[jagee]

I've heard trees make a good backstop. Range day at fmj's place!

 

[rosejm]

Courteous neighbor asks and is rewarded.
Homeowner gets no satisfaction and trims along the property line.

Just like the leaves that fall off, whats on your side belongs to you.

 

[fullmetaljesus]

I've heard trees make a good backstop. Range day at fmj's place!

Sounds fun but they look down on that kind of thing in the city.

 

[TB1999]

Judge judy

 

[Okra]

A bit dated, but a good place to start.

https://dev.indiana-arborist.org/wp-content/uploads/2017/02/TreesAndTheLawFrandsen.pdf

 

[Okra]

It would seem prudent to ask the owner to take care of the problem first.

 

[churchmouse]

It would seem prudent to ask the owner to take care of the problem first.

Bingo. Then do as you have to.

 

[SMiller]

Anything that crosses the fence is fair game, I would have trimmed them back long before they ever touched my house.


If your neighbors tree is close enough to touch your house you live to close...

 

[Rookie]

If your neighbors tree is close enough to touch your house you live to close...

QFT

 

[fullmetaljesus]

Anything that crosses the fence is fair game, I would have trimmed them back long before they ever touched my house.


If your neighbors tree is close enough to touch your house you live too close...

I certainly can't argue with you on this. But I prefer living in the city, and thats one of the things you have to live with. Its an old neighborhood, my yard is long front to back but very little side to side. All the houses are like that here. The neighborhood is full of huge old trees so they kinda do what they want.

 

[bocefus78]

I've cut plenty of encroaching branches for people. Never once have I had the actual owner of the tree complain. Cut away.

 

[budm]

I'd say ask first, and if they don't do anything about it handle it yourself.

 

[CHCRandy]

I see more neighbors become enemies over trees than anything else. I have seen driveways, sidewalks, houses, electrical risers & fences destroyed by neighbors trees.

I had one guy who his neighbor had big pine trees and the roots were growing under my customers drive and busting the asphalt....that went on for years before courts got involved.

The biggest fight is usually when a neighbors tree falls and destroys the neighbors property, such as house and cars. I have seen $60,000+ insurance claims on people who had neighbors rotten tree fall on their house and cars. A lot of people don't realize you are responsible for your damage whether it was the neighbors tree or not. The only way to avoid this is to ask them politely to take care of it, if that don't work notify them with a certified letter.........that way you can at least try to recover any losses in court that will make you whole again, if anything ever happens. If you have a car in your drive with no full coverage and neighbors tree falls on your car, if you can prove negligence, you have a good chance at recovery....that certified letter can become your proof(insurance).

I would ask the neighbor if it is ok if you trim them back, chances are they will care less and heck, they may even offer to do it.

 

[fullmetaljesus]

Thanks for all the advice. I appreciate it.

 

[2A_Tom]

Anything that crosses the fence is fair game, I would have trimmed them back long before they ever touched my house.


If your neighbors tree is close enough to touch your house you live to close...

 

[HoughMade]

...If your neighbors tree is close enough to touch your house you live to close...

HoughMade endorses this assessment.



* Not legal advice for anyone. Check with your own lawyer.

There is an old case that says this:

As for trees that grow so close to the line that their branches extend over the adjoining premises, there is no doubt that, if injury is shown, the adjoining owner may have his action in damages, or he may cut off the overhanging branches so far as they extend above his soil. He may not, though, cross his neighbor's line, and cut down the trees.

Toledo, St. L. & K.C.R. Co. v. Loop, 39 N.E. 306, 307 (Ind. 1894).

Whether it is currently law or not, I cannot say. It was cited as recently as 2011, but like I said, I'm not giving legal advice.

As for neighbor advice- it's always best to work things out with a neighbor...especially when you live this close.

 

[Benp]

I would ask the neighbor if it is ok if you trim them back, chances are they will care less and heck, they may even offer to do it.

I agree, let the neighbor know that the branches are hitting your house and bothering you and that you would like them trimmed, and if they did not want to have them trimmed then you would be happy to do it.
More than likely they'll be happy for you to do it so they will not have to pay someone to do it, but I would mention first that you would like for them to have the branches trimmed, this makes you trimming them seem like the better option for them.
This also depends on your relationship with your neighbor. My neighbor appears to dislike us.

 

[femurphy77]

I agree, let the neighbor know that the branches are hitting your house and bothering you and that you would like them trimmed, and if they did not want to have them trimmed then you would be happy to do it.
More than likely they'll be happy for you to do it so they will not have to pay someone to do it, but I would mention first that you would like for them to have the branches trimmed, this makes you trimming them seem like the better option for them.
This also depends on your relationship with your neighbor. My neighbor appears to dislike us.

What has INGO ever done to your neighbor???