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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.