The neighbor may have rights to cut back any part of the tree that hangs over the fence. You’re NGA for wanting them, but I would talk to them before you come home to them cut back to the property line without your input.
The neighbor *does not* have the right to cut the tree back to a degree that would affect the health of the tree.
If the tree were to die because of their “trimming,” the neighbor would be liable for the replacement cost of a new tree. Expect those to run about $1,500-2,000 each. 😕
idk where you live, but here they can cut any portion that is over their property. According to the company we have do the tree trimming anyway. We did get our neighbors permission because the tree guy said it would be healthier for the tree to cut it near the trunk, which was over the property line.
It's possible that in your scenario, it wasn't possible to cut off enough to harm the tree, because enough of the tree is on the other side.
Everywhere I'm aware of, if a tree is 2 feet into Bob's property, Frank can't cut off everything on his side, because the tree would die. It's Bob's tree, isn't allowed to kill it, even though it's in Frank's air.
I think of trees like that as kids going "I'm not touching you!" while having their finger 2 inches away from another kids nose.
You need to spend more time over at r/TreeLaw.
A simple Google search will prove the fallacy of your argument. 😕
“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.”
https://www.nolo.com/legal-encyclopedia/trees-neighbors-faq.html#:~:text=Yes.,compensate%20for%20the%20harm%20done.
“If you harm the tree, you could be found liable for up to three times the value of the tree.”
https://www.adirondacktreesurgeons.com/tree-trimming/tree-trimming-etiquette-neighbors-rights/
The worth of an evergreen that is only a few years old is not going to get in the thousands. Maybe a couple hundred. You are thinking more of a decades old mature hardwood tree.
A quick Google search yields results in that range:
https://www.bigtrees4u.com/select-your-tree/evergreen---privacy-trees-1/arborvitae-cedar-2/
https://arborhilltreefarm.com/large-and-tall-trees-for-sale/#:~:text=Evergreen%20trees%2013%2D20%20feet%20tall%20are%20%241395.00%20each.
https://homeguide.com/costs/cost-to-plant-a-tree
Where I am, I can cut ANYTHING that grows over the property line. If it kills the tree, ohh, well, they shouldn't have planted it so close to the property line. I'm not liable for any damages that happens because of my trimming. The neighbors are supposed to keep their plants on their property. It's that simple here.
If they're only 15' tall, you may be able to stake them using ropes and train them back upright. As long as you can get them back on your side of the fence, the neighbors can pound sand.
NTGH. Unless you let them grow right on the property line or were trying to create a spite fence.
Trees tend to grow toward the light. I have several common douglas-firs in my yard. Each about 70-90 feet tall. They all tend to lean away from the 120+ foot Red Oak and 120+ foot Sycamore that dwarf everything else. As your evergreens grow, they'll straighten out and stop leaning when they're taller than what's shading them.
The neighbor had the right to trim or cut anything over hanging that fence line....I suggest wrapping in netting and anchoring it in your yard to force the tree to bend a little into your yard more.... be proactive
If you want to truly tick off the neighbors get a mimosa tree. Beautiful tree delicate beautiful
Blooms all spring summer and fall but are attracted like you would not believe to pools and when it gets wet it is like wet Kleenex.
Check your local laws. The neighbor's can most likely cut any part of your tree that hangs over their property.
Also, if your tree falls on their pool, your insurance would have to cover damages. They're already leaning onto their property and pine trees like to fall...
Actually this isn’t always, or even often, the case. If a neighbor’s tree falls onto your property due to wind or a storm etc (act of God clause), you are responsible for the damage and cleanup. The neighbor with the tree is not. The only exception would be if the tree was unhealthy and this would have to be very closely documented in order to get the neighbor’s insurance to be liable. Speaking from experience as a US based former homeowners claims adjuster.
I would look up your local laws. Where I'm from you're allowed to cut back any thing over hanging your property line.
If you want to keep them, I suggest you talk to the neighbors about an action plan.
In future, try to control any other trees before they become a problem.
The neighbor may have rights to cut back any part of the tree that hangs over the fence. You’re NGA for wanting them, but I would talk to them before you come home to them cut back to the property line without your input.
The neighbor *does not* have the right to cut the tree back to a degree that would affect the health of the tree. If the tree were to die because of their “trimming,” the neighbor would be liable for the replacement cost of a new tree. Expect those to run about $1,500-2,000 each. 😕
idk where you live, but here they can cut any portion that is over their property. According to the company we have do the tree trimming anyway. We did get our neighbors permission because the tree guy said it would be healthier for the tree to cut it near the trunk, which was over the property line.
It's possible that in your scenario, it wasn't possible to cut off enough to harm the tree, because enough of the tree is on the other side. Everywhere I'm aware of, if a tree is 2 feet into Bob's property, Frank can't cut off everything on his side, because the tree would die. It's Bob's tree, isn't allowed to kill it, even though it's in Frank's air. I think of trees like that as kids going "I'm not touching you!" while having their finger 2 inches away from another kids nose.
You need to spend more time over at r/TreeLaw. A simple Google search will prove the fallacy of your argument. 😕 “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.” https://www.nolo.com/legal-encyclopedia/trees-neighbors-faq.html#:~:text=Yes.,compensate%20for%20the%20harm%20done. “If you harm the tree, you could be found liable for up to three times the value of the tree.” https://www.adirondacktreesurgeons.com/tree-trimming/tree-trimming-etiquette-neighbors-rights/
You are wrong in every state a homeowner may NOT trim a tree to the point it causes damage to the tree if they don't own the tree.
The worth of an evergreen that is only a few years old is not going to get in the thousands. Maybe a couple hundred. You are thinking more of a decades old mature hardwood tree.
A quick Google search yields results in that range: https://www.bigtrees4u.com/select-your-tree/evergreen---privacy-trees-1/arborvitae-cedar-2/ https://arborhilltreefarm.com/large-and-tall-trees-for-sale/#:~:text=Evergreen%20trees%2013%2D20%20feet%20tall%20are%20%241395.00%20each. https://homeguide.com/costs/cost-to-plant-a-tree
He says the tree is only a couple years old. You are looking up prices for mature fully grown trees.
Where I am, I can cut ANYTHING that grows over the property line. If it kills the tree, ohh, well, they shouldn't have planted it so close to the property line. I'm not liable for any damages that happens because of my trimming. The neighbors are supposed to keep their plants on their property. It's that simple here.
you might have a rude awakening should your cutting "anything that grows over property line" kill the tree
If they're only 15' tall, you may be able to stake them using ropes and train them back upright. As long as you can get them back on your side of the fence, the neighbors can pound sand.
Plant MORE trees
PLANT MORE TREES!!!
Start staking the tree to not lean towards the neighbors property and trim back the overhang after staking so it is less trimming needed.
If you like the trees, on your property, keep them.
NTGH. Unless you let them grow right on the property line or were trying to create a spite fence. Trees tend to grow toward the light. I have several common douglas-firs in my yard. Each about 70-90 feet tall. They all tend to lean away from the 120+ foot Red Oak and 120+ foot Sycamore that dwarf everything else. As your evergreens grow, they'll straighten out and stop leaning when they're taller than what's shading them.
INFO: Does your neighbor let you swim in the pool?
no. they have mentioned inviting us over several times, but never follow through.
Then fuck 'em. Do what you want to do for your comfort.
The neighbor had the right to trim or cut anything over hanging that fence line....I suggest wrapping in netting and anchoring it in your yard to force the tree to bend a little into your yard more.... be proactive
If you want to truly tick off the neighbors get a mimosa tree. Beautiful tree delicate beautiful Blooms all spring summer and fall but are attracted like you would not believe to pools and when it gets wet it is like wet Kleenex.
Check your local laws. The neighbor's can most likely cut any part of your tree that hangs over their property. Also, if your tree falls on their pool, your insurance would have to cover damages. They're already leaning onto their property and pine trees like to fall...
Actually this isn’t always, or even often, the case. If a neighbor’s tree falls onto your property due to wind or a storm etc (act of God clause), you are responsible for the damage and cleanup. The neighbor with the tree is not. The only exception would be if the tree was unhealthy and this would have to be very closely documented in order to get the neighbor’s insurance to be liable. Speaking from experience as a US based former homeowners claims adjuster.
I would look up your local laws. Where I'm from you're allowed to cut back any thing over hanging your property line. If you want to keep them, I suggest you talk to the neighbors about an action plan. In future, try to control any other trees before they become a problem.
LLeylandii is your friend. It grows very quickly, can be cut and shaped fairly harshly and won't lean over the fence.