Suppose a tree on Jack’s property has branches which extend over Jill’s property. May Jill cut down these branches (meaning the parts that are above her property)?
(I am aware that for fruit trees the law is that Jill may keep any fruit which fall onto her property, which suggests that she has some rights. The question here is about cutting off the branch entirely.)
I seem to recall that Jill may cut down any branches that overhang her property, as long as cutting the branches won’t kill the tree.
That’s correct.
(/Certified Arborist Hat On)
Jack can prune limbs that overhang his property, as long as he does not cause irreparable damage to the tree. In other words, he can prune the limbs as long as he doesn’t kill the tree or disfigure it in such a manner as to dramatically reduce the value of the tree.
Hope this helps.
(/Certified Arborist Hat Off)
Thanks for the replies!
How do you figure this out?
The situation is that I have a tree in the back of my backyard. The tree must be at least 150 years old with about a 4 diameter trunk. In recent years most of the higher branches have fallen down (though it has begun growing new ones). There was one remaining tall branch that rose up at about a 15 degree angle off the vertical, and extended into the neighbor’s property.
The neighboring property was an overgrown jungle and a new owner cleared out the whole lot, including this branch. I am not too keen about this. But I don’t see how one could establish a value for tree, either with or without the branch.
BTW, Oak Man, while I have a Certified Arborist here, what are the green splotches that I have on the trunks of a couple of Pin Oak trees that I planted? It looked like some sort of fungus. Are they harmful? Is there a way to get rid of them?
A value can be established by calculating the replacement cost of the tree, then deducting costs based on species, location, condition, etc. It’s typically done by, you guessed it, a Certified Arborist.
I’ve done tree valuations for insurance purposes (trees illegally removed from a property), to use to convince a contractor to protect a tree during construction (that particular tree was valued at $23,000; the contractor was more than willing to erect $100 worth of tree protection fencing after I told him that he’d get a bill for the value of the tree plus the cost of removal plus the cost of replacement if the tree died due to his actions), and so forth.
I’m more concerned w/ the condition of the tree. Typically, when a 48" diameter tree starts dropping limbs from the top, and growing water sprouts in the crown, the tree is starting to decline. I’d have a CA (Certified Arborist) inspect the tree to determine whether it’s hazardous or not. If it is, then you’d need to send a certified letter to the owner explaining that the tree is hazardous and requesting that it be removed. Keep a copy for your records. That way, if it falls and damages your property, you can go after your neighbor to pay for the damages.
Here’s a link to find a CA in your area:
http://www.isa-arbor.com/arborists/arbsearch.html
Re the green growth on your trees: It’s hard to say w/o looking at them. It may just be algae that’s growing on the trunk. Trees in nurseries are generally kept well watered, and I have seen algae form on the trunks. Of course, it may be something completely different. Take a sample, or picture, to your local extension service and have a horticultural agent take a look.
Good luck. Lemme know how it turns out.
So those new branches are not real branches? IOW, they won’t develop to look like regular ones? What is the likely prognosis for the tree?
Unfortunately (if that happens) I’m the owner. I imagine homeowner’s insurance will pay if it falls. How do I know if it becomes dangerous to go near it?
Thanks again for your help.
Water sprouts are quick growing, weakly attached branches that won’t turn into “real branches”. They’re typically the tree’s last gasp attempt to capture as much energy as possible.
You’re right in saying that the branch that falls into you yard is yours. However, if any damage occurs (the limb breaks down a fence, crushes a shed, etc.), having documentation that the owner of the tree knew that the tree was hazardous would mean that your insurance company could bill the other owner’s insurance company for property damage and clean up.
You should have some sort of expert (Certified Arborist, Extension Agent, County Forester) look at the tree to determine the condition. That’s the surest way of finding out if the tree is hazardous or not. However, I would add this rule of thumb: any dead limb 2" in diameter or greater, and 5’ long or longer, is considered hazardous. If the crown of the tree has lots of limbs like this, I wouldn’t go underneath it if I could avoid it.
Well, I’m the owner of the trunk as well.
There are no branches left other then the “water sprouts”. I’m concerned with the possiblity of the trunk itself keeling over one day. Is this possible?
The tree could fail in any number of ways. The most likely method is for it to drop all the large limbs, then, after a period of years, have the trunk finally rot and fall.
Of course, it could also fall apart all at once, w/ the trunk failing and the limbs shattering when they hit the ground.
Sounds to me like you need to talk w/ your friendly neighborhood Certified Arborist about having some tree work done.
Here’s a good link to some tips about hiring an arborist: