04-18-2022, 09:52 PM
N-OS X-tasy! wrote:
[quote=PeterB]
[quote=N-OS X-tasy!]
[quote=August West]
You've answered your own question.
I don't know all the full laws here in NOLA about trees on property lines, but I'd guess that we share responsibility for that tree...
Discover what the law says. If you want to delineate property lines, have a survey done.
I don't think you are responsible for maintenance of a tree planted by your neighbor on his property.
And if you are? Then I presume you would be free to trim back (i.e., remove) any section of the tree that extends over the property line to your property.
The information I have so far suggests that it was planted right on the property line, which -- again from the information I've found so far -- means that we have co-ownership and co-responsibility for it. You're right to say that this also means that I can trim the branches that hang on my side of the property line, but of course I'd rather not have to do that. (I'd rather that they take responsibility for it, since they were the ones who planted it, and also I'd rather be a good neighbor about it.) The bigger issue is that, if it is indeed an oak, it's liable to get huge and then present a nuisance to both of our properties. All of these points I will make to the neighbor, once I'm certain of my facts.
Law is law, but I have a difficult time with the idea that a third-party can force you to be responsible for maintenance of a tree simply by planting it partially or entirely on your property, especially if they do so without your knowledge or permission. That doesn't seem right.
I agree, but I guess they could make the argument that even if it wasn't with my permission, it couldn't have been without my knowledge (since obviously it's partly on my property). Also, they could make the argument that it was tacitly with my permission, since I didn't object to it when it was first planted. (But then, I had no idea how big it would get... I'm not a tree person.)