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+--- Thread: Property line/tree neighbor question (/showthread.php?tid=266140)
Re: Property line/tree neighbor question - C(-)ris - 04-17-2022
Rolando wrote:
If a neighbor's tree ie Roots in neighbor's plot, falls on your house, then they are responsible. Do you have a picture of the new planting for reference.
That is very state specific. In WI it would be the opposite unless the owner was grossly negligent in clearing a dead tree and was warned/cited previously to clear it.
Re: Property line/tree neighbor question - bfd - 04-17-2022
Like pines, oak trees should only be trimmed during the late fall and winter. Trimming oak trees after that risks fungal diseases like oak wilt. Once that sap starts running heavily, trimming is not at all recommended for either pines or oaks. Sorry for the bad news, but check with a certified arborist. They'll likely tell you exactly the same thing ± a few weeks...
The idea that your neighbor will get around to it mañana doesn't bode well for the health of the tree. And that would be even worse for your situation.
Good luck…
Re: Property line/tree neighbor question - PeterB - 04-17-2022
Thanks all for suggestions.
The property maps I'm seeing so far suggest that the property line runs straight down between our houses, which means they planted the tree exactly on the line. They really should not have done that without discussing it with me first, and from what I see of the laws, doing so (if what I'm seeing for the property lines is correct) makes the tree both of our property AND responsibility. It already has branches that hang over onto my side of the property, and again the law I'm seeing says that I'm within my rights as a property owner to trim the stuff that's on my side... but I'd rather not go down that route yet, for the reasons many of you have already brought up. In the meantime, I've documented with photos.
I'm (frankly) still a little bit in shock that they decided to do this without speaking to me first, and furthermore that they planted an oak ... which they must have known could get huge, and cause all sorts of problems where they planted it-- not just for me, but potentially for them as well.
Did I also mention that I have terrible allergies, and oak is one of the worst offenders here! Yes, they're beautiful trees, but... I would definitely have picked something a lot smaller.
Re: Property line/tree neighbor question - RAMd®d - 04-17-2022
Possibly the neighbor didn't realize it would encroach on your side of the fence.
Possibly he did and just didn't GAF.
Possibly he thought the fence was on the property line and that the tree he bought was his, once planted on his side of the fence.
Possibly that tree he bought and planted became community property between the to residences, but that doesn't seem likely.
A lot of possibilities because of information you don't have, before making any assumptions or conclusions.
If the neighbor is at all likely to balk at your questions/requests/demands you may have as this progresses.
You'll need to know your ground much better than now, if you're to stand it.
Re: Property line/tree neighbor question - gadje - 04-17-2022
move
Re: Property line/tree neighbor question - gadje - 04-17-2022
why some poeple mentione the fence? the OP did not mention any fence.
Re: Property line/tree neighbor question - Speedy - 04-17-2022
C(-)ris wrote:
[quote=Rolando]
If a neighbor's tree ie Roots in neighbor's plot, falls on your house, then they are responsible. Do you have a picture of the new planting for reference.
That is very state specific. In WI it would be the opposite unless the owner was grossly negligent in clearing a dead tree and was warned/cited previously to clear it.
Same in my state. Any part of the tree extending to our property is ours to deal with. If a branch falls on our house, our problem. Same deal with negligence.
A neighbor planted a tree on our property and one straddling the property line. This happened because we didn’t stake the lot corners. Our cable company (Charter) had come in years before and laid cable and installed pods. As time passed, we all erroneously used the pods as lot corners.
Eventually the one neighbor decided to build a detached building on his lot. This required a survey because he wanted his building to be as close as allowed to the edge of his lot (10 feet, I think). Up went the surveyor’s stakes on his lot and ours which I paid no particular attention to (stakes can go on non-builder’s property for various reasons).
Then one day shortly after I saw he had a sprinkler company pull up his sprinkler system and move it. Very odd. I asked him why he moved his sprinkler system and he explained that it was on our property. We gained about 15 feet on his side - but lost about 10 feet on the corner we share with our other neighbor. We also gained one tree and another half of a tree that sat half on our property from the first neighbor.
However, the neighbor who had gained 10 feet of ‘our’ property had planted a whole row of conifers on his neighbor’s lot (yep, our neighbor lost land on his lot on the far side away from us) which were also left. Fortunately that final neighbor (who gained all the conifers) lived on a corner lot and the screwups stopped.
Now we have one stake which we all use to determine our corners (the original survey marker from before any homes were built is iron and is buried under several inches of added soil and has been lost again). The end result was that our neighbor on the side away from the neighbor who did the survey ‘lost’ land to the neighbor on the far corner who gained land. Nobody particularly complained.
A dozen years later we had a sprinkler system installed and paid about $600 for a new survey. After that, once again the original marker’s location became lost as the years passed.
Re: Property line/tree neighbor question - jh - 04-18-2022
What specie of oak tree is it?
From Google:
Oak species found in Louisiana include post oak, Shumard oak, Nuttall oak, water oak, swamp chestnut oak, blackjack oak, overcup oak, laurel oak, bluejack oak, southern red oak, white oak and live oak. Other varieties in the region are the willow oak, sawtooth oak, cherrybark oak and turkey oak.
The specie can determine how it grows and if it is close to the home what problems it may cause with its limbs and leaves falling--assuming they do fall in New Orleans.
How close of are the homes to each other? Once the tree continues to grow and depending upon how long you live there large oak limbs over you home may be a concern. Since you live in an area prone to hurricanes you might want to consider what the potential danger might be.
Re: Property line/tree neighbor question - srf1957 - 04-18-2022
A little Tordon will take care of the problem for a few years .
Re: Property line/tree neighbor question - Racer X - 04-18-2022
srf1957 wrote:
A little Tordon will take care of the problem for a few years .
as will diesel fuel, or that root killer for sewer lines.