Cedars in the backyard

[darsky]

I moved into a new home over the winter. My backyard is lined with 15-20ft cedars. Those who have em know how they grow. The branches grow out and upwards. My neighbors on either side both cut and trim the branches that grow on their sides. Today I had my sides cut and trimmed. While I was out the neighbor behind my yard rang my bell and asked my wife if we were going to take care of the work on the branches that grow on his side. My wife told him no and then he asked that I go see him to talk about it. Has anyone gone though this and should I oblige him?

[Joey]

Our neighbour's tree's branches overhang our yard and we have to trim them ourselves. Never even thought to ask him to do it, nor would I. I don't think you are responsible but I could be wrong. Does he want you to rake the leaves in his yard from your tree too

[cjgraham]

I think this guy was getting free labor. Our house is surrounded by cedar hedges not once (28 yrs) have we ever cut the neighbors nor have we had any problems.

[bigugli]

If the trees are planted on his side of the lot line, they are his responsibility to care and maintain. On the lot line, you are jointly responsible.

The sticky bit is when "the neighbours" trees encroach beyond the lot line. You can come to a mutual agreement, or you can go to the municipality to see what the municipality's guidelines are. Some municipalities have a "fence sitting" commitee that does nothing but resolve boundary disagreements.

[nroadrunner]

I have this same issue at my parents. The legal advice I received was that the homeowner did not have to maintain the branches overhanging onto my parents property, however he could also not object to me removing them. As long as I did not remove beyond the lot line and I was to ask if he wanted the branches after they were removed. This part I didn't understand. Not sure if it is the same all over but thats what I did.

 

 

 

Ian

[cram]

If they're your trees....

[chris.brock]

he seems like a bit of fuss pot

I'd rather have cedars for privacy instead of looking at his house/ yard

[smally21]

a homeowner is responsible to look after his trees. but this is more of a liability issue than a cosmetic issue.

 

if a dead branch falls off your tree and lands on my car you are responsible because you failed to remove the dead branch and maintain the tree.

 

until/unless it is a property standards issue it is difficult to compel a homeowner to trim both sides of the property, however you have every right to trim someone else's tree that protrudes into your yard.

 

there is also a right of way type issue - to trim in your yard means an access/trespass issue.

 

so i wouldn't say he is looking for free labour, if your tree is overhanging his yard like cedars tend to, and eating up 8 feet past the property line they are your trees to maintain. would you like your neighbours trees to grow all onto your yard, and how would you feel about paying the bill to trim your neighbours trees?

 

cedars are a nightmare - every time i get called to cut 'em its the same thing, no one trims them for 20 years and one day realizes they are 40 feet tall and 20 feet wide and your privacy hedge is now a privacy monstrosity....

[NAW]

I have trees in the yard that over hang on to my neighbours yard. Every year I do a quick trimming. I always trim the entire tree, including the areas overhanging my neighbours property.

 

I can trim most of the trees by standing on my properties, but the branches fall on the neighbours yard. I just hop the fence, and clean up the mess. They don't seem to mind.

[Guest gbfisher]

I have cedars all around my back yard as well. I only have to trim what is in my yard. The neighbours are responsible to take out anything that hangs into their yard but into your yard at all. Just as you can cut or trim any trees or shrubs that go into your yard as well.

Be nice but ask him who did it for him before you moved in....lol and then tell him for a price you can trim his hedge as well...

My neighbour wanted to take out our birch tree that grows into her yard but wanted to cut the limbs back to our tree...only a few limbs are growing into her yard at about 15 feet off the ground. She wanted to remove the whole limb....but I told her I didn't want to be looking into their yard from our balcony and if the branches were taken out completely there would be nothing separating my view.

When the tree guys came to trim for her they walked into my back yard with out asking ready to take them off and I greeted them at the side and told them to only cut what was in her yard. They tried to tell me differently and said they got permission from the neighbour and that it was ok. I explained to them that it was not ok and that I would hold them responsible...they left with out another word.

Edited June 29, 2011 by gbfisher

[craigdritchie]

When I was a kid there was a guy a few houses down the street who decided to chop a number of big branches off his neighbor's maple tree, since they hung over his yard, right over his swimming pool. It was a huge tree and these were really big branches, so it was quite the ordeal to watch them come down.

 

Problem was, removing all that weight from one side left the tree unbalanced, and it blew over in a windstorm a few months later. It took out some hydro lines and completely wiped out the guy's detached garage, along with the car that was in it.

 

Not sure how that was resolved, but I bet the insurance companies got their lawyers involved pretty quickly.

[smally21]

if 'your' tree is creating a nuisance or a hazard on your neighbours property it is your responsibility.

 

just like the old west if a tree branch is in your yard its "get off my land" regardless of the effect.

 

a tree company walked into your backyard on your neighbours request and wanted to limb to the trunk without your ok??? wrong in about 100 ways. good for you to send them packing.

 

a tree guy should know all about property law, local bylaws, tree removal and cutting permits, access and private property issues, etc., not just how to cut a branch.

[umKthxbye]

I have this same issue at my parents. The legal advice I received was that the homeowner did not have to maintain the branches overhanging onto my parents property, however he could also not object to me removing them. As long as I did not remove beyond the lot line and I was to ask if he wanted the branches after they were removed. This part I didn't understand. Not sure if it is the same all over but thats what I did.

 

 

 

Ian

That's how it is in Ottawa. Anything hanging over the lot line you can cut. Ive cute down whole limbs off neibours tree before and there wasn't anything he could do about it.

 

To the OP, check with the city bylaws, but most places are the same on this issue.

[Terry]

I have cedars all around my back yard as well. I only have to trim what is in my yard. The neighbours are responsible to take out anything that hangs into their yard but into your yard at all. Just as you can cut or trim any trees or shrubs that go into your yard as well.

Be nice but ask him who did it for him before you moved in....lol and then tell him for a price you can trim his hedge as well...

My neighbour wanted to take out our birch tree that grows into her yard but wanted to cut the limbs back to our tree...only a few limbs are growing into her yard at about 15 feet off the ground. She wanted to remove the whole limb....but I told her I didn't want to be looking into their yard from our balcony and if the branches were taken out completely there would be nothing separating my view.

When the tree guys came to trim for her they walked into my back yard with out asking ready to take them off and I greeted them at the side and told them to only cut what was in her yard. They tried to tell me differently and said they got permission from the neighbour and that it was ok. I explained to them that it was not ok and that I would hold them responsible...they left with out another word.

 

I had the same thing

 

plus one tree was on my property but most of the branches were on their side

 

a guy came to cut them, climbed up the tree and was about to take the limb off where it met the trunk, before he could cut it I asked him how much he was cutting off

this very large tree, he said most of the lower branches

 

I asked if he thought the tree would survive with that many branches gone and he said no it will be dead within a few years

I told him that I would hold him responsible for a dead tree and any damage if the tree falls down..he say he thought I knew that..nope

 

he said he would not could not cut that much off with out my permission ..

[John]

We had something similar, it's amazing what you can accomplish over a beer and friendly chat!..........

[wallyboss]

If he wants to share the cost of bringing in tree trimmers why not ??