Neighbor wants me to cut down big trees, what should I do?

Question

One of my rentals has a neighbor, who, bless her, hates trees. Every year she calls me to complain about the acorns falling on her driveway, on her roof and scaring her dog, on her Mercedes.

I allowed her to trim the branches that were overhanging the property line, at her expense, but now she is unhappy about the roots growing into her new driveway.

She wants them topped, which will cost at least $1000, and is claiming her tree guy said they are diseased, so this may not help much anyway.

These are huge oak trees, over 60 years old at least.

They are not a problem on my property as far as I can tell, and to be honest, I'm having a hard time distinguishing between her just hating trees, and what I am actually responsible for taking care of as a landlord.

For example, she is claiming that if acorns damage her Mercedes, I am liable. Is that even true?

Any and all advice appreciated.

Nik Moushon · Answer

Every insurer is different when it come to liability of tree damage. So you need to check with yours. With that said though, most (from what Ive seen), if the tree branch hangs over in your neighbors property that branch is their liability, not yours. If the tree is blown over in a storm its still their liability that covers the damage not yours (act of god). Now if you cut it down and it falls on their property then its your liability. As for acorns....I dont see that as being able to hold up in court but check with you insurance. Everyone is sue happy these days so just prepare for anything lol.

Now if you dont mind the tree coming down tell her she can pay to have it cut down and the stump removed and any re-landscaping needed to cover that area up again. That solves everyones problem. If you like the tree and dont want it cut down then tell her to go pound sand bc its your tree and you like it where it is.

Vishakha Penney · Answer

Talked to my insurance guy, and yeah, all this stuff is considered an act of God. Aka, I'm not liable. I told her, as a neighborly act of good will, if she wishes to remove three 100 ft trees at her own expense, I will allow it even though I personally think they are nice trees. My nicest possible way of telling her to kick sticks ;)

David Stumpf · Answer

I am not a lawyer and this is not legal advice

It sounds like this neighbor will not be happy until the entire tree is removed.  In most locations, in most circumstances, damage caused by trees is considered an "act of god".  Falling acorns is a natural and foreseeable event and the neighbor is choosing to park under the tree.  Also a tree of that age would have probably been there before she moved in, before you bought the property. Unless you decided one night sneak up in the dead of night and plant a fully established and flowering oak tree such that it overhangs the common fence and her car with intent to damage I would tell her to kick sticks in the nicest way possible.  Check you local laws and good luck!

Erin Deann Martin · Answer

Just to add, in my municipality, Oak trees of that age (and/or certain trunk circumference) require special permits to remove or significantly trim down.  Even if you conceded that the tree was diseased (which I'd be suspicious of), you may not be allowed to remove it or make major adjustments to it without asking the city first.  I would find out if the area has rules on protecting heritage trees. If so, often the city has an arborist that they can send out to advise/inspect (for free).  The benefit of this route is that if it applies to your area and situation, its a neutral third party to "blame" keeping the tree. "So sorry, I wish I could help but this tree is protected..."

Lee Bell · Answer

Oaks are protected here too.

Sidetrack. We have a huge Shamel Ash in the yard. It drops sticks and leaves and seeds and sap and bird residue. Messy, but it shades the house. I would never cut it down unless it was a hazard. Just trimming it would probably cost a couple grand. Let it be wild, I say. And no, I'm not gonna hug it. LOL.

Vishakha Penney · Answer

Oh, I’m not. I’m just calling her bluff.

Jerryll Noorden · Answer

Please do not cut them down !!!!

How are you even CONSIDERING this?!

Mary M. · Answer

She legally can do what she wants on her side of the property line. However, that right stops where her property stops.

I would i form her that you appreciate her concerns but you are not cutting down your tree and that she is welcome to mitigate issues on her side.

Trees add value. I would never cut down a tree unless is was an issue.

Neighbor wants me to cut down big trees, what should I do?

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