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Solving Tree Disputes
The News Tribune, September 18, 2004
Trees and neighbors sometimes do not mix well.
Invading branches, debris on roofs, blocking of views are but a few concerns
that can be settled amicably. However, too often poorly thought out actions
are taken that destroy friendships and can have legal ramifications.
The following questions represent some of the more common issues that
have been brought to my attention in recent months.
My new neighbor wants me to cut down some of my
trees, but I do not want to. What do I do?
The best solution is to have a calm, cool and reasonable
dialogue with the neighbor. Try to understand the concerns. Is it the
needles that fall onto the roof or is it a legitimate safety concern?
If safety is a reasonable question, have the tree checked by a professional.
If a hazardous condition is discovered, then all would be well served
by a tree's removal.
Otherwise, try to work out a compromise. It may require some type of pruning
or cutting down a tree. It might be possible to work out a cost-sharing
arrangement or some type of tree replacement plan whereby a neighbor can
help or fully pay for new trees.
Can I cut branches that are growing over my fence?
Yes. Technically, you can cut branches at the point where
they encroach over your property line.
However, the best solution is to talk with the neighbor, express your
concerns and work cooperatively to find a solution.
Oftentimes, removal of a few branches will suffice without ruining the
appearance or severely damaging a tree. If the trunk of a tree is leaning
over your line, and cutting the guilty branches would badly disfigure
the tree or cause it to die, then removing the entire tree would be preferable.
Rather than cutting offending branches at the property line, it is better
to cut them where they are attached to a larger branch or where they grow
out of the trunk. If a branch is simply "stubbed" off where
it crosses a fence, it will look ugly and eventually create a path for
decay to enter the main trunk.
If a branch is properly removed, the wound will eventually seal over
and be covered with bark.
However, gaining access for such a solution will require the cooperation
of a neighbor.
What can I do about a neighbor's tree that is blocking
my view?
Many neighborhoods or developments with view properties
have covenants that limit the heights at which trees can be allowed to
grow.
Unfortunately, no one bothered to tell the trees. Often, the sad result
is butchered trees that actually detract from a neighborhood and that
require frequent and expensive maintenance.
Ideally, such trees could be removed and replaced with more appropriate
species. But this requires money, cooperative neighbors and often involves
public entities when it comes to ownership of the trees. Also, such trees
are often located on hillsides and removal may eventually cause erosion
or slope stability problems.
Oftentimes convenants do not exist and a single or small group of trees
may be infringing on a panoramic view of Puget Sound. Homeowners should
try to be tolerant and respect their neighbor's right to enjoy the trees
rather than becoming upset and demanding a tree's removal.
What about the tree roots that are invading my driveway?
Again, approach the neighbor and try to work out a reasonable
solution.
Sometimes, the problem roots can be cut without jeopardizing the health
or safety of a tree. Such a judgment may require advice from a professional.
Cutting will stop the expansion of the troublesome root, but the damaged
area may have to be excavated, the root removed and then the walk or pavement
repaired.
My neighbor had my tree cut without my permission.
What can I do?
This happens too often and can result in a fast call to
an attorney. Then a certified arborist may be requested to appraise the
tree. Values can range from hundreds to several thousands of dollars and
the damages can sometimes be trebled because of trespass.
Taking the law into one's own hands is not the way to solve a tree issue.
Once again, cool heads and civil discussions about tree concerns can lead
to solutions that will satisfy everyone.
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