Tree Branches

[rondvu]

I have a crotchy old neighbor and need to trim some branches. He said he will sue me if I touch his trees. I looked on the city ordinances and could not find info on overhanging branches. Does anyone know where it is located so I can print a copy to show them?

[OKCTalker]

I think I know the answer, but I'd sure like to see an attorney's reply before the mods move this.

[OKCRT]

If they are overhanging on your property you have every right to trim them. This is a pretty well known fact.

[rcjunkie]

If they are overhanging on your property you have every right to trim them. This is a pretty well known fact.

True, but if they need major trimming, hire a pro, if you do it yourself and cause damage to the true, you could be held liable for said damage.

[BBatesokc]

First, what do you mean by 'need to trim some branches'? Is it an aesthetics thing, does it create damage or the potential for imminent damage to your property?

Most people believe you can just hack away up to the property line, but some recent rulings in other states show the courts don't always see it that way, even here in OKC. Believe it or not the very scenario you are describing has been addressed many times in our small claims courts.

According to my observations (have no idea how the law reads), judges want to know...
1. Why didn't you try really hard to work this out with your neighbor?
2. Why did you cut the branches to begin with (looks vs. Damage vs. Danger)?
3. Did your cutting change the aesthetic 'value' of your neighbor's tree (aka, property)?
4. Did you take care not to damage the health of the tree with your pruning?

My advice (as a non-lawyer who's watched these cases being tried), try to work it out with your neighbor (document your meetings and even consider recording them). Take lots of pictures of the tree as it stands now. Have a tree expert do the pruning and only cut as much as is in the best health interest of the tree. Take 'after' photos. Get documentation from your expert pruner that the pruning was essential to protect your property, less risk of danger to persons and/or was in the best interest of the tree (such as pruning already dead branches to keep them from falling and hurting you or your property and also splitting into a healthy part of the tree and causing disease).

[Midtowner]

The right to trim 'em ain't absolute.

If you want real legal advice, have a conversation with a lawyer where they can ask you what's going on. Legal advice off of an internet message board probably isn't your best bet. But if you want to risk a lawsuit, go and try the above recommendations and see what happens. Hint: it might not be good.

I'm not trying to be dodgy here, but while I might give you perfectly good legal advice for your situation, these forum things have a search function which some yay-hoo with a completely different situation might assume the advice I give you applies to their situation as well, in which case I could arguably need to contact my malpractice carrier.

[ljbab728]

This reminds me of a time when a neighbor had a very large bush with large thorns growing on our property line which grew into my yard. I trimmed it back to the property line but but somehow some plant poison happened to get on the plant and it died. I have no idea how that happened.

[Midtowner]

^ The above reminds me of this:

http://en.wikipedia.org/wiki/Case_of_the_Thorns

A case in 1466 in ancient England set out the principles of law which would still apply today.

[FritterGirl]

Call and speak to Beth at the City's Action Center at 297-2535 as they deal with this issue frequently.

You will not find a City ordinance on this because property ownership is covered in State law, so that's where you would find any statutes on the matter.

The one thing I WILL say is that calling a tree professional is important in this matter, and you will likely be best served to wait until next Winter, when the tree is dormant again. Trimming trees in Spring when they are in their growth phase leaves them more susceptible to irreperable damage and disease.

Before you do anything, however, do EVERYTHING you can to work things out with your neighbor independently.

[earlywinegareth]

...somehow some plant poison happened to get on the plant and it died. I have no idea how that happened.

I'm about to go this way with my neighbor's yappy dog even though I am a dog lover. Last year I took him to muni court armed with an hour of recordings from INSIDE my home. The judge fined him $100 and told me to come back in 3 months if the problem persisted. The problem went away for 4 months, but a year later, I am back at square 1. Seriously, the dog barks at anything and everything when it's outside, which is between the hours of 7am and 11pm. I told the judge the dog kept my daughter awake. She asked the neighbor if he could bring the dog in by 9, he said yes. But he hasn't. I suggested training, which is what I've done with my eskimo who rarely barks. But his idea of "training" is to open the back door occasionally and yell, "shuddup!" Makes me want to move to the sticks.

[BBatesokc]

I'm about to go this way with my neighbor's yappy dog even though I am a dog lover. Last year I took him to muni court armed with an hour of recordings from INSIDE my home. The judge fined him $100 and told me to come back in 3 months if the problem persisted. The problem went away for 4 months, but a year later, I am back at square 1. Seriously, the dog barks at anything and everything when it's outside, which is between the hours of 7am and 11pm. I told the judge the dog kept my daughter awake. She asked the neighbor if he could bring the dog in by 9, he said yes. But he hasn't. I suggested training, which is what I've done with my eskimo who rarely barks. But his idea of "training" is to open the back door occasionally and yell, "shuddup!" Makes me want to move to the sticks.

There was a case either in Oklahoma or Cleveland County about 3 years ago in small claims court about a neighbors barking dog. The neighbor sued the dog owner for the max amount ($5,000???) and was awarded $600. I'm betting that most likey motivated the dog owner to make an adjustment.