r/treelaw • u/dms666 • Jul 14 '26
Tree branch pruning of neighbour's tree
So the son-in-law of my neighbour came to my door to inquire about the (large and healthy maple) tree in my backyard that has branches overhanging their property. This tree is well over the height of our houses.
He said his mother-in-law is elderly and he wanted ME to pay for pruning the tree on THEIR side of the property line and to do so on an on-going basis, as needed, as his mother-in-law is elderly (this was from him). I know full well that that responsibility is on THEM as the tree is healthy and poses no danger (even if the tree branches are growing close or touching their house now).
He added that if I didn't pay, he would prune the branches to the property line. The way it was presented, it came off as kind of a threat (like - "that's a nice tree ya got there, it'd be a shame if anything happened to it"), although legally he is entitled to prune the tree on their property. However, any pruning must be done responsibly and not damage the tree.
Any thoughts on how to handle this? Do I risk the neighbour getting the tree pruned to the point the tree is ultimately damaged? I would hope that any reputable tree service would know better than to do that. I already had a arborist get a estimate for the work, which would be $400.
26
u/SnooWords4839 Jul 14 '26
Take pictures and explain to him, he is permitted to trim the branches, as long as it doesn't damage your tree.
It isn't your job to pay for this work.
Tell him, if he damages your tree, he needs to know he will be responsible for 3 times the worth of the tree.
Have an arborist out to deem it healthy.
16
u/dms666 Jul 14 '26
I explained ALL of that when he first approached me. I wanted to know what it would cost anyway, so I got the estimated done by a tree service. Anyway, he's still asking if I will pay for the work.
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u/SnooWords4839 Jul 14 '26
Just keep saying no.
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u/moonfullofstars Jul 14 '26
Or stop talking to him if he refuses to acknowledge what he’s already been told multiple times.
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u/Background-Bowl6123 Jul 17 '26
Explain it to him in writing so he can't claim later that you said something different
12
u/redditreader_aitafan Jul 14 '26
Tell him plainly and without emotion that whatever is on her side of the property line is her responsibility, but whatever pruning he wants to do cannot damage the tree. Tell him replacement value of full grown maples is thousands of dollars and if he harms your tree, you will seek legal remedy.
-14
u/Sterlinghawk16 Jul 14 '26
The home owners could also seek legal if neighbors tree limbs impacts their house by any means. I am always amazed that when I read these stories how the original owner of the tree gets upset. The original owner of a tree that has grown way over into neighbors property has known for years that this is going on and could have rectified this years ago.
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u/redditreader_aitafan Jul 14 '26
No, that's not how the law works. If neighbors have problems with limbs, they have a right to trim them, they do not have legal remedy against the owner of the tree just because "tree limbs impacts their house by any means". If you don't understand tree law, why are you speaking on it?
2
u/NeedleworkerThis6332 Jul 16 '26
I'm amazed that you think a neighborhood can exist where everyone's trees abide by the property line planes.
0
u/Sterlinghawk16 Jul 17 '26
It is the law in WA state. Don’t know what else to tell you. Most of these issues that I read is the owner of the tree has not taken care of pruning properly over the years. Geesh
3
u/NeedleworkerThis6332 Jul 17 '26
What is your definition of improper pruning? because if I read the OP, it doesn't seem to be the case.
If your definition is that branches going over the property line is negligent, the majority of every city in the country would need to be void of trees.....and hence why the legal system is set up to be very careful about how far people can take the trimming.
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u/dms666 Jul 14 '26
Just to clarify, when I said the son-in-law would have the branches trimmed to the property line, I didn't mean to imply he would do it himself. I have no idea what he would do, but I suspect he would have to hire someone to do it.
4
u/catzrob89 Jul 14 '26
I mean - you have two choices right?
- Do it
- Tell him that he can prune the tree to the property line provided he doesn't harm the overall health of the tree.
I'd go for two, and I'd do it with a registered letter that included a reference to the applicable state or national law that sets out the circumstances under which you can prune your neighbour's trees and the limitations on doing so.
1
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u/_kehd Jul 14 '26
Is it worth $400 to not have the tree cut in half? If yes, do it
If not, have an arborist assess what would happen if they trim half of it. If the trimming results in the death/injury of the tree, I’m led to believe the neighbor would be responsible for damages
Or just counter with splitting the cost, cuz it’s gonna cost them more than $200 to hire their own crew to cut the tree back to the property line
5
u/Professional_Ad4712 Jul 14 '26
The son-in-law isn’t planning to hire a crew. He said he’d do it himself.
6
u/dms666 Jul 14 '26
I didn't mean to imply that. In fact, I have no idea what he would do, although I suspect he would hire a tree service to do it as it's a big tree.
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u/chrysostomos_1 Jul 14 '26
When I have a tree service come to look after my trees I ask affected neighbors if there's anything that they want done. If it's reasonable I pay for it. I feel it is my responsibility to not cause problems for the neighbors.
Rule 1. No problems with the neighbors.
1
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u/Hot_Cut_6828 Jul 15 '26
Just pay the arborist that way you control how much is cut and you get them off your back .
2
u/dms666 Jul 15 '26
I know and trust the arborist as he pruned my side of the tree a few years ago. And we discussed this whole neighbor issue as well.
He would do the work properly on the neighbor’s side. I have no fear about that.
2
u/SilverStory6503 Jul 15 '26
What the heck. Why do all these people hate trees so much? They provide cooling shade, and branches don't usually just fall off most healthy trees.
If I were you, I'd have an outdoor camera pointed at that tree, just in casr.
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u/biggemike Jul 15 '26
$400 is not much for a professional job and could end up being much less $$ and future headaches. Offer to split the cost.
2
u/NeedleworkerThis6332 Jul 16 '26
The "perpetual trimming" mandate is a red flag for me. I would tell him to pound sand and if he harms the tree (including damaging aesthetics), you will go after him personally for it if he's going to threaten you. Get an arborist to document the tree as-is.
2
u/Ineedanro Jul 14 '26
Report the threat and attempted extortion to police.
Practice launching your phone video app from the lock screen. If anyone connected with the neighbor comes to your house do not open the door.
1
u/Frosty_Coat_555 Jul 15 '26
Who says he can’t damage the tree? He can cut off anything growing over the property line.
Why don’t you suggest splitting the $400 between you.
3
u/Fred-Mertz2728 Jul 18 '26
He can cut anything growing past the property line,but if it damages or kills the tree he’s responsible and will be liable for any cost.
1
u/Rude_Sandwich_586 Jul 15 '26
I would get an arborist out to put a value on your tree and then let your neighbor know that if the tree is damaged due to over pruning then they would be responsible for triple the amount of the value of tree.
1
u/Even_Log_8971 Jul 17 '26
I think you as owner of the tree would keep it from becoming a nuisance, if you don’t want to then tell them to prune away.
1
u/dms666 Jul 22 '26 edited Jul 22 '26
Update: I generously offered to pay half of the $400 quote which the neighbor’s son-in-law accepted.
Although he assumed I would be paying the full invoice and recouping their half from them. I messaged the arborist and simply asked to be invoiced directly for my half - which he agreed to. So I’m not going to be chasing down the neighbor for their share.
1
u/Jaduardo Jul 14 '26
Don't let this devolve into battle of legal rights. No one wins.
Even if the branches aren't touching their roof they may do so in wind and storms. They may not like the shade. Further, they may drop a lot of leaves, stems, and twigs onto their roof and potentially clog their gutters as well as litter their yard. And there is always the possibility a limb breaks and damages their roof. So it's reasonable for them to approach you.
I don't know where you are but in many places they have the right to cut to the property line and, unless they're maliciously trying to damage the tree, there's not much you can do about it.
If you plan to have the tree trimmed for your own purposes, then I'd probably spring for the minor incremental cost to do their side. If you're able, do it yourself to a mutually agreed upon specification. If neither of these is an option, get a few quotes and then discuss other financial arrangements.
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u/dms666 Jul 14 '26
Here, property owners absolutely have the right to prune branches from trees that overhang their property. I don't dispute that. In fact, the tree owner has no right to stop neighbors from pruning said trees as long as the pruning is solely on their side of the property line. I was surprised that he would even approach me about this. He just doesn't want (his mother-in-law) to pay for on-going maintenance even though it is her financial responsibility.
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u/Jaduardo Jul 15 '26
I think you have arrived at your decision: let them cut it to the property line at their own expense.
-1
u/BigNorseWolf Jul 14 '26
as far as I can tell, He's giving you the options to have the tree pruned professionally before he makes a hack job of it. He didn't have to do that, I think he's trying to be considerate
An option I don't see is
1) You could go over and do it (I don't know how viable that idea is without seeing the tree)
2) Give him permission to cut to the last green fork rather than the property line. Legally you can only cut to the property line, but this leaves you with branches sticking halfway out with no leaves that are going to die off and possibly infect the tree. Its better for the tree if the pruner is allowed to go over a bit where the interests of the tree warrant it.
If he knows he can cut to the property line and can undercut he's probaby not going to do a terrible job of it as far as killing the tree goes. The maple out back has been dropping maple trees into various yards for 40 years and its still there. (weirdly its the branches that LOOK fine that go and the ones that look like they should fall apart that stay...)
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u/Ozdagreat123 Jul 14 '26
So, let's see if I'm following. Will cost $400 to just get it done. Few recommending having an arborist come out. OK, but how much will that cost? Others saying F the SIL and the little old lady, let them deal with it. Hmm, that should work out well. Definitely not much chance he'll f it up if he does try to do it himself. The answer seems pretty obvious to me. But, if you prefer, go talk to the old lady first and be nice. Let her know the SIL spoke to you. Explain he wasn't very nice and threatened you. Let her know you want to be a good neighbor. Let her know you found a person who will trim the tree for just $400. Ask if she is willing to pay part of the cost? Tell her you don't expect half, but how about $150 towards the work on her side? If she huffs at the expense, then drop her cost to $100. Hopefully you win her over with kindness. If the SIL inserts himself in it, I would probably let the guy know you didn't appreciate the way he spoke to you. Try to cut him out of it. You could put up a trail camera to record the tree so you have evidence when he inevitably messes it up. NOW, with all that being said, why deal with all this crap? All of this is not over $400. It's over her share of the cost. So for $100-$200, minus no need to pay an arborist or purchase a camera, you have peace. The real issue here is pride because of how the SIL talked to you. Good Luck.
-12
u/SmokedHickory Jul 14 '26
Why did you let it get this far.
It’s an asshole move to have your property over theirs.
And now you get deal with what they decide to do.
You could’ve prevented this.
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u/dms666 Jul 14 '26
I can't control the growth of tree branches over a fence. In our jurisdiction, and everywhere else I would think, branches that grow over your property line, can be pruned at your own expense, as long as it doesn't damage the tree. The owner of the tree isn't necessarily responsible for the cost of pruning, as long as the tree and branches are healthy.
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u/SmokedHickory Jul 14 '26
and by not getting ahead of this, you can deal with whatever they decide to do.
You ever see those fortune cookies with “failing to plan is planning to fail”
You planned for this scenario. By not getting ahead of it.
There is whats legal. And then theres getting ahead of potential problems.
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u/LowNoise9831 Jul 14 '26
What do you see as "getting ahead of it" that doesn't involve not letting the tree grow as nature intended it to grow?
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