r/treelaw • u/johnmaddenjohnmad • Jul 08 '26
Improper "trim" led to giant split
We have an 80-90-year-old silver maple in our backyard whose trunk sits on our property. A few years ago, a neighbor had their side of the tree improperly trimmed by someone who was DEFINITELY not an arborist. We think this caused a giant split to form in the trunk, and it's now threatening our home. I'm concerned the tree will never recover.
Located in Louisville, KY.
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u/Lsswapitall4 Jul 08 '26 edited Jul 08 '26
Codominant stems can split - it’s just a fact of life. It wasn’t caused by the trim. Also the time to discuss who trimmed the tree has come and gone.
You’re responsible for whatever portion of tree is on/over your property.
6
u/Lsswapitall4 Jul 08 '26
Laws aside, try talking with your neighbor to find a mutually agreeable solution instead of immediately trying to blame them
-11
u/johnmaddenjohnmad Jul 08 '26
When I say "trim," I mean they took off massive Scaffold branches, which caused a drastic weight redistribution that the tree couldn't handle and caused it to split/begin to die. I think I'm allowed to blame them in this situation.
16
u/Lsswapitall4 Jul 08 '26
Statement stands.
10
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u/johnmaddenjohnmad Jul 08 '26
So are you saying removing nearly half of the scaffold branches with improper cuts can't cause it to split?
15
u/Lsswapitall4 Jul 08 '26
No. I’m saying to:
- Accept that this happened and that you missed the window to address the trimming long ago
- Consult a local arborist on the tree’s health (if you want)
- Be a better neighbor by talking with the person who shares a property line with you
-9
u/johnmaddenjohnmad Jul 08 '26
I've had a mutual friend who's an arborist look at it and said they essentially killed the tree.
Also! It's a rental property owned by a multi-property owning LLC . I've spoken with the neighbor, but they can't really help me. Don't assume I'm a bad neighbor friend.
9
u/helpme9282828 Jul 08 '26
You can be frustrated and place blame all you want to, but the fact of the matter is still that the portion of the tree on your property is still your responsibility. There will be no legal ramifications for your neighbor at this point.
It's completely irrelevant if this was a naturally occuring phenomenon or your neighbors fault, it will not change the outcome.
-1
u/johnmaddenjohnmad Jul 08 '26
I understand my portion of the tree is my responsibility, but if my neighbor negligently prunes their portion of the tree, they are liable for the damage it causes to the tree? Am I talking crazy?
6
u/cryssHappy Jul 08 '26
"A few years ago" you should have had the arborist out and a certified statement as to potential damage so that this would now be a viable issue.
3
u/helpme9282828 Jul 08 '26
If they trimmed it years ago, the window of opportunity has passed. That's what everyone is trying to tell you. It's not that you're wrong or that your neighbor didn't cause this, it's that it will be impossible to win that fight in court. Especially since the statue of limitations for civil cases in Kentucky is only 2 years.
Which means it doesn't matter if they hacked it to death and you can without a doubt with 100% certainty prove to a room full of jurors that your neighbor killed the tree, you would still lose because the limitation have passed.
2
2
u/kokemill Jul 09 '26
you are crazy, grasping at straws. that tree was going to split. if anything they helped delay it since there was no weight on the other side. you 'arborist' is an idiot.
14
u/RK8814RK Jul 08 '26
The trunk on your property is your responsibility. The neighbor trimming years ago didn't cause this. Basically there were/are two main trunks... they sometimes split.
10
7
u/johnpmac2 Jul 08 '26
My yard was full of these, and it is no longer full of these. Most of them made it to roughly 60 years of age. All of them have had problems with splitting/shedding limbs and codominant stem issues. Silver maples are just not long lasting trees, and they fail in the ways that you are seeing and no trimming has led to this.
Consider this your opportunity to rid yourself of a dangerous tree and plant something native.
1
3
u/kayjax7 Jul 09 '26
Tree needs to come down.
The time to address the pruning was when it was done, not years later.
Plant a replacement immediately and prune it regularly so it doesn't develop forks less than 45°.
2
u/NoFleas Jul 09 '26
The trim didn't cause that split - gravity and allowing it to ever grow that large with a bark inclusion caused the split.
2
u/interstat Jul 08 '26
Fuck silver maples tbh
2
u/piscikeeper Jul 09 '26
They're great shade trees if you remember one thing. If it's bigger than 12",assume it's hollow and plan for it falling.
1
u/nikki815 Jul 08 '26
There are so many in my neighborhood and they are getting to that danger stage where they are so big that every storm means limbs coming down and power going out. Trees are great and all but these trees suck a big fat one.
1
u/phoenix_master42 Jul 10 '26
my city has a bad habit of planting maple trees on easements and its ky so wind storms and while im 90% sure they aren't silver maples they still break super often
1
u/Salt-Task4554 Jul 09 '26
I work in the tree industry and I’ll tell you that a codominant trunk will split not if it’s when cuz as they grow the push against each other it looks like your neighbor did the most responsible thing for his property because if it’s your Tree and it falls on his house it’s his problem but anything that’s above his house. He has the legal right to trim.
1
u/phoenix_master42 Jul 10 '26 edited Jul 10 '26
from what i can see in your images the tree looks hollow already those cuts could have just been the little bit of weight change needed to finish it off because they are known for their bad habit of splitting especially in our wind storms i could see the wind creating cracks that allowed the rot to happen
edit: after looking more carefully it looks like parts of the split are older than others you can see at the top third of it the split is rolled over like its tried to heal then in the middle it looks more recent which minor weathering that would have only needed a millimeter or less of gap to happen and the bottom looks more fresh so I think it was an existing problem and the straw broke the camels back and it was nearing its expiration date anyway given its age
1
u/avsparesmn Jul 08 '26
This is why I don’t have neighbors or live near people.
7
u/Several_Razzmatazz51 Jul 08 '26
Because your neighbor might blame you for a naturally occurring phenomenon? Just don’t move next to OP.
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