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Re: [nafex] Neighbor's Trees - getting off topic


Just remember that local by-laws vary from local to locale.


Debby Williams wrote:

> I found everyone's reactions to my comments about my neighbor
> interesting.  I thought I would pass along a bit of info I clipped from
> the paper last year.  The columnist is Robert Bruss, a real estate
> attorney.
> Q:  Do we have the right to cut limbs' and trim branches off a
> neighbor's tree if they are hanging over into our yard?  This tree's
> roots are also growing under our driveway and cracking it.  The neighbor
> has already dug up one big root in our yard and repaired a small portion
> of our driveway.  We've asked him several times to cut down the
> troublesome tree, but he refuses.  Is he responsible for replacing our
> driveway?
> A:  The general rule is a property owner has the right to trim tree
> branches and roots back to the property line when the offending tree is
> located on a neighbor's property.  But please be careful.
> A "rule of reasonableness" applies.  Tha means you cannot do anything
> that will harm or kill the tree.  For example, if your severe trimming
> kills the tree or causes it to fall on your neighbor's house, you could
> be liable for damages.  I am not aware of any statute that requires the
> owner of the offending tree to pay for trimming, root cutting or damage
> to your property.
> --
> Debby Williams
> Author of Fruit and Urban Kitchen Gardening e-zines at:
> http://wz.com/homegarden/GardensPlants.html
> Regional Advisor at http://www.thevegetablepatch.com/
> Oakland County, Michigan USA;USDA Hardiness Zones 5b/6a
> Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/

Thomas Olenio
Ontario, Canada
Hardiness Zone 6a

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