Annoying neighbors

[figmo]

There's a couple living behind me who have been complaining about some branches of one of my trees hanging over into their yard. I told them months ago to go ahead and cut them down, explaining to them that it was their legal right to do so.

Instead, they wanted me to pay 50% of a bill to have someone cut the branches down. I am neither legally obligated to do so nor do I have the financial resources to do so.

Today they somehow got ahold of my phone number and telephoned. I reiterated what I said. That somehow wasn't good enough for them, so they had the police intervene for "conflict mediation." The officers at first were taking the couple's side, but I was able to have one of them come into my house where I explained my situation and the legal situation. It was clear neither officer knew what the law in this regard was. The cop was trying to talk me into renting a chainsaw and having "a guy come in and cut the branches down." I explained this was utterly ridiculous.

IIRC if I tell the neighbor to "go ahead and cut whatever is on your side," they can legally do so and are absolved from any potential lawsuits on my part. IIRC I am not at all legally responsible for the part of my tree that hangs over onto their property.

The neighbors are now threatening to take me to small claims court over this. I am L-I-V-I-D.

Comments

[klwalton.livejournal.com]

AFAIK, you are not obligated to pay for the trimming of tree branches overhanging another's property. As a matter of fact, they are free to trim the limbs back to the property line (as long as doing so doesn't threaten the life of the tree) without your permission. Are the limbs causing any kind of damage to their property?

[figmo.livejournal.com]

Are the limbs causing any kind of damage to their property?

No. They're claiming the tree limbs or tree itself could cause damage in the future.

[klwalton.livejournal.com]

From everything I know (and I am *not* a lawyer, but I have neighbors who allow their oleander to overgrow, hang over our fence and drop blossoms in our swimming pool, which stain the plaster), the fact that they can trim the offending branches is relief. They can't sue you for possible or future damage, only damage that has occured. They have it in their power to prevent the damage.

We regularly trim back their oleander to the property line, and we haul the stuff away.

Were I you, I'd keep a CYA file, and if they persist, consult a lawyer expert in this kind of thing.