TNCR Brain Trust Question
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If I was your neighbor, I would remove all the branches above your property, immediately.
And apologize for the trouble.
In my old house I tried to never plant anything that would cross the line. If it did start to cross the line, or even get close, I would trim it.
In my new house I have 50 existing trees and neighbors on both sides have similar trees. So we have some overlap and it is not a problem.
If I was you, I would ask the neighbor to remove the branches. If they don't, then put the law on them.
You might try talking to a tree guy about this, they probably deal with this all the time. You might get some ideas.
And at my old house I trimmed the neighbor's trees and shrubs all the time if they got near my yard. I never did figure out if he was oblivious or just the world's biggest jerk.
@copper Yeah, but you're a rational actor. The neighbor is an expert on studying rational acts, not necessarily one herself.
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Is there anything growing underneath the tree and is the neighbor's backyard camera'd.
“Cry havoc and let slip the DOGE of war!”
Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton
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@jolly said in TNCR Brain Trust Question:
Is there anything growing underneath the tree
From my (inexpert) reading of the law, what's under the tree, is irrelevant. If it encroaches on IT's property, it's his to deal with as he wishes.
The only question is this: If his actions to trim the tree kill it, what is his liability?
"Now look here, you Baltic gas passer... " - Mik, 6/14/08
The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.
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https://www.nolo.com/legal-encyclopedia/trees-neighbors-faq.html#answer-1743443
My neighbor killed my tree. Am I entitled to compensation for the tree?
Yes. The basic rule is that someone who cuts down, removes, or hurts a tree without permission owes the tree's owner money to compensate for the harm done. You can sue to enforce that right, but you probably won't have to, once you tell your neighbor what the law is.
Can I trim the branches of the neighbor's tree that hang over my yard?
You have the legal right to trim tree branches up to the property line. But you may not go onto the neighbor's property or destroy the tree itself.
In almost every state, a person who intentionally injures someone else's tree is liable to the owner for two or three times the amount of actual monetary loss. These penalties protect tree owners by providing harsh deterrents to would-be loggers.
https://www.nolo.com/legal-encyclopedia/neighbor-tree-damage-46933.html
What counts as "damage" to your tree?
To run afoul of the law, your neighbor doesn't have to chop down your tree. Its enough to just damage the health of your tree. For example, your neighbor has the legal right to trim branches of your tree if they hang over the property line. But if the trimming seriously injures your tree, your neighbor will be liable to you for the damage done. Similarly, if your neighbor uses a chemical in his or her yard to destroy unwanted roots, and the chemical seeps onto your property and kills one of your trees, your neighbor can be liable.
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@jolly said in TNCR Brain Trust Question:
Is there anything growing underneath the tree
From my (inexpert) reading of the law, what's under the tree, is irrelevant. If it encroaches on IT's property, it's his to deal with as he wishes.
The only question is this: If his actions to trim the tree kill it, what is his liability?
@george-k said in TNCR Brain Trust Question:
@jolly said in TNCR Brain Trust Question:
Is there anything growing underneath the tree
From my (inexpert) reading of the law, what's under the tree, is irrelevant. If it encroaches on IT's property, it's his to deal with as he wishes.
The only question is this: If his actions to trim the tree kill it, what is his liability?
Kill it without the neighbors knowing it. Hence, my question.
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@george-k said in TNCR Brain Trust Question:
@jolly said in TNCR Brain Trust Question:
Is there anything growing underneath the tree
From my (inexpert) reading of the law, what's under the tree, is irrelevant. If it encroaches on IT's property, it's his to deal with as he wishes.
The only question is this: If his actions to trim the tree kill it, what is his liability?
Kill it without the neighbors knowing it. Hence, my question.
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@jolly said in TNCR Brain Trust Question:
Is there anything growing underneath the tree and is the neighbor's backyard camera'd.
I'm not about to poison it, if that's what you're thinking.
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@jolly said in TNCR Brain Trust Question:
Is there anything growing underneath the tree and is the neighbor's backyard camera'd.
I'm not about to poison it, if that's what you're thinking.
@ivorythumper said in TNCR Brain Trust Question:
@jolly said in TNCR Brain Trust Question:
Is there anything growing underneath the tree and is the neighbor's backyard camera'd.
I'm not about to poison it, if that's what you're thinking.
Yeah, that would have some serious legal
exposure. Destroying neighbor's property?Don't go there.
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@ivorythumper said in TNCR Brain Trust Question:
@jolly said in TNCR Brain Trust Question:
Is there anything growing underneath the tree and is the neighbor's backyard camera'd.
I'm not about to poison it, if that's what you're thinking.
Yeah, that would have some serious legal
exposure. Destroying neighbor's property?Don't go there.
@george-k said in TNCR Brain Trust Question:
@ivorythumper said in TNCR Brain Trust Question:
@jolly said in TNCR Brain Trust Question:
Is there anything growing underneath the tree and is the neighbor's backyard camera'd.
I'm not about to poison it, if that's what you're thinking.
Yeah, that would have some serious legal
exposure. Destroying neighbor's property?Don't go there.
The law basically requires me to get a judgment compelling them to remedy.
I read of a case where the neighbor trimmed to the property line, but the tree then leaned back away from the property line, and the neighbor was sued for over trimming and trespass damage.
I don't know how that was settled but I don't need any exposure to risk.
So the plea to the court would be to compel the neighbor to remedy at their own expense and liability. If the tree dies, that's on them. If any damage happens, that's on them. If the tree cannot be pruned back to property line without risk or damage, and has to be removed, that's on them. The tree is just in the wrong place and has been for decades as soon as it started to trespass. The trespass is negligence which is continuous and always tortious.
So get the judge to say to them "you must remedy the trespass as you see fit, but you must remedy the trespass".
That's how I'm reading the law as the only safe way to proceed without further legal entanglement.
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@george-k said in TNCR Brain Trust Question:
@ivorythumper said in TNCR Brain Trust Question:
@jolly said in TNCR Brain Trust Question:
Is there anything growing underneath the tree and is the neighbor's backyard camera'd.
I'm not about to poison it, if that's what you're thinking.
Yeah, that would have some serious legal
exposure. Destroying neighbor's property?Don't go there.
The law basically requires me to get a judgment compelling them to remedy.
I read of a case where the neighbor trimmed to the property line, but the tree then leaned back away from the property line, and the neighbor was sued for over trimming and trespass damage.
I don't know how that was settled but I don't need any exposure to risk.
So the plea to the court would be to compel the neighbor to remedy at their own expense and liability. If the tree dies, that's on them. If any damage happens, that's on them. If the tree cannot be pruned back to property line without risk or damage, and has to be removed, that's on them. The tree is just in the wrong place and has been for decades as soon as it started to trespass. The trespass is negligence which is continuous and always tortious.
So get the judge to say to them "you must remedy the trespass as you see fit, but you must remedy the trespass".
That's how I'm reading the law as the only safe way to proceed without further legal entanglement.
@ivorythumper said in TNCR Brain Trust Question:
So get the judge to say to them "you must remedy the trespass as you see fit, but you must remedy the trespass".
That's how I'm reading the law as the only safe way to proceed without further legal entanglement.That sound about right to me, but I'm no lawyer.
Call
QuirtSaul. -
Having a bad relationship with neighbours is one of the worst things for ones quality of life, in my opinion. We had bad neighbour relationships in the past, and that was hell. I personally am willing to endure and sacrifice a lot before I risk an angry neighbour.
But in this case, it seems that hope is lost. When lawyers are involved, the relationship is beyond repair.
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Having a bad relationship with neighbours is one of the worst things for ones quality of life, in my opinion. We had bad neighbour relationships in the past, and that was hell. I personally am willing to endure and sacrifice a lot before I risk an angry neighbour.
But in this case, it seems that hope is lost. When lawyers are involved, the relationship is beyond repair.
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Yes, I would say do whatever it takes to keep the relationship cordial, or at least peaceful.
But if it has gone this far, it may be too late.
I found this on nolo, it may not apply in PA
https://www.nolo.com/legal-encyclopedia/trees-neighbors-faq.html#answer-1743433Can I trim the branches of the neighbor's tree that hang over my yard?
You have the legal right to trim tree branches up to the property line. But you may not go onto the neighbor's property or destroy the tree itself.
In almost every state, a person who intentionally injures someone else's tree is liable to the owner for two or three times the amount of actual monetary loss. These penalties protect tree owners by providing harsh deterrents to would-be loggers.
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How much has to be trimmed to allow you to move forward with solar? That’s really the important thing here.
“I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill
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How much has to be trimmed to allow you to move forward with solar? That’s really the important thing here.
@mik said in TNCR Brain Trust Question:
How much has to be trimmed to allow you to move forward with solar? That’s really the important thing here.
Not sure about that. Once the tree's branches cross the property line, it's up to the owner of the trespassed property how to deal with it. What he wants to do with it should be irrelevant.
My concern is whether the trespassed has any liability for damage to the tree that is trespassing, should it die.
"Now look here, you Baltic gas passer... " - Mik, 6/14/08
The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.
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Personally, I think everybody is going about this the wrong way.
May I suggest an escalating series of pranks leading to all sorts of crazy hijinks? It always works in the movies…
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They lawyered up. Which means if you pull a leaf off that tree, they're likely going to come after you. So yeah I'd lawyer the hell up.
Barring that, being a game theorist and all, I wonder what she knows about predictive analysis deriving from imperfect information, which in this case might include a flaming poo bag on their front porch or painting giant dicks on all property facing their windows.
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Actually no, I'd go full-on Ted Nancy on their asses. Every 2-3 weeks, draft up some insane bullshit you propose to do to the tree to remedy the situation (paint your side of it so it blends in with your yard, say), and get some yahoo, real or imagined, to provide a quote, just to make them jump through hoops to respond formally.
And there's always returning the leaves that fall on your side via registered mail.
EDIT to add: are CODs still a thing?
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Use a battery drill motor to dig some holes around the feeder roots on your side of the fence (feeder roots go as far out as the canopy) and pour the holes full of Round-up mixed at about four times normal strength. Wait a few weeks, then refill the holes with a more concentrated solution. Repeat as needed.
Hopefully, in about 90 days, this sad, diseased tree will die a merciful death
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