Subject: Solar and "The Law"

From: Dave Willey <[email-masked]>
Date: 28 Aug 1996 01:59:29 GMT

Hi All,
 
I'd like to throw out a question for those who have any knowedge
on solar rights and "The Law".  If I remember correctly, wasn't 
there a court case from someone who won a suit against a neighbor
who refused to keep their plants trimmed so that the plants weren't
shading the other person's property?  Seems to me I did hear of a case 
years ago before I was into solar PV.
 
I am now in the same situation with a neighbor (who is less than 
coopertive), who won't trim a VERY old and big walnut tree (40% dead and 
40% on my side of the fence), which is now shading 80% of my garden and 
PV panels.

Already, large dead branches have fallen in wind storms and have ruined 
the fence between us, and a outbuilding on my property. 

BTW - There is a local ordinance against "radically changing the natural 
shape" of a large tree.  Otherwise I'd get a power lift & my chainsaw & 
cut it up, right as it crossed over the property line. She'll 
probably have to be forced to trim it up. 

Any thoughts? (Besides moving....)

---

From: [email-masked] (Jerry Macala)
Date: 30 Aug 1996 08:27:02 -0700

In article <[email-masked]>,

>40% on my side of the fence), which is now shading 80% of my garden and 

Dave,

You'll have to check your local ordinances since they will have the final 
word.  Generally speaking the branches which hang over the fence into your 
property could be considered a nuisance, and you could probably legally remedy 
it by cutting the branches yourself.  This may or may not solve your original 
problem of shading your property.  Also, if the tree should die or fall over 
as a result of your actions, you might be held liable for any damages 
incurred.  Ideally you could work this out with your neighbor;  get the facts 
together from your local authorities to help your case.

-Jerry Macala
(Immediate Past) President- Maltose Falcons Home Brewing Society
1994 Anchor Home Brew Club of the Year!