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nafex - Re: [nafex] Neighbor's Trees - getting off topic

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  • From: Tom Olenio <tolenio@sentex.net>
  • To: nafex@yahoogroups.com
  • Subject: Re: [nafex] Neighbor's Trees - getting off topic
  • Date: Wed, 21 Feb 2001 10:37:44 -0500

Hi,

Just remember that local by-laws vary from local to locale.

Regards,
Tom

Debby Williams wrote:

> I found everyone's reactions to my comments about my neighbor
> interesting. I thought I would pass along a bit of info I clipped from
> the paper last year. The columnist is Robert Bruss, a real estate
> attorney.
>
> Q: Do we have the right to cut limbs' and trim branches off a
> neighbor's tree if they are hanging over into our yard? This tree's
> roots are also growing under our driveway and cracking it. The neighbor
> has already dug up one big root in our yard and repaired a small portion
> of our driveway. We've asked him several times to cut down the
> troublesome tree, but he refuses. Is he responsible for replacing our
> driveway?
>
> A: The general rule is a property owner has the right to trim tree
> branches and roots back to the property line when the offending tree is
> located on a neighbor's property. But please be careful.
> A "rule of reasonableness" applies. Tha means you cannot do anything
> that will harm or kill the tree. For example, if your severe trimming
> kills the tree or causes it to fall on your neighbor's house, you could
> be liable for damages. I am not aware of any statute that requires the
> owner of the offending tree to pay for trimming, root cutting or damage
> to your property.
>
> --
> Debby Williams
> Author of Fruit and Urban Kitchen Gardening e-zines at:
> http://wz.com/homegarden/GardensPlants.html
> Regional Advisor at http://www.thevegetablepatch.com/
> Oakland County, Michigan USA;USDA Hardiness Zones 5b/6a
>
>
>
>
> Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/

--
Thomas Olenio
Ontario, Canada
Hardiness Zone 6a



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