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tree cutting

Started by JC3 • 10 replies • 1602 views

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JC3
Posts: 290
Posted:
What was the thread about trees being cut from one yard to allow the sunlight to strike the solar panels in another yard? What part of the law should I look to to find the legality of a neighbor cutting my trees? Where do I find the statute? What do I look for?
CarolF (Florida)
Posts: 435
Posted:
Please indentify your state.
DonnaS (Tennessee)
Posts: 5,671
Posted:

This probably will be under Federal AND the State Energy Acts. This is going to be one of those very debateable subjects with needing case studys.
BrianB (California)
Posts: 2,820
Posted:
in general, a court will find that if a defendant has attempted communication to get a tree or bush trimmed that hangs over the property line, but nothing has been done in a reasonable time, the defendant is within their legal rights to trim the plant TO the property line (but no further). A court will define "communication" and 'reasonable time".

In general, i strongly suggest that owners do the trimming when asked, because there is an easy alternative to me trimming your tree hanging over my property: A tree's roots spread just as broad UNDERGROUND as the branches spread above ground. So, if your tree crosses my property line OVER the fence, its roots cross into my property under the fence. A gallon of plant killer, poured liberally onto MY property near the fence, will pretty much take care of that tree. Trimming it is far better than losing it.
MaryN (Virginia)
Posts: 125
Posted:
There is a new tree law in VA. Any branch, root or part of a tree which is on your property you can trim..the expense is yours. If the roots or other part of the tree causes damage to your property(driveway being uplifted, retaining wall being compromised)the owner of the tree is financially responsible for the repairs. Leaves and shade are not considered damages.
MaryN
CharlesW1 (Georgia)
Posts: 826
Posted:
Quote:
Posted By JC3 on 04/23/2008 4:30 PM
What was the thread about trees being cut from one yard to allow the sunlight to strike the solar panels in another yard? What part of the law should I look to to find the legality of a neighbor cutting my trees? Where do I find the statute? What do I look for?

JC3,

Please clarify, just one thing for me. He wants to trim or remove a tree in YOUR yard?

I would surely advice against him doing this, in the form of a simple letter from the PM, would certainly help.

I’m all for saving power. However, I don’t feel it should be at someone elses expense. YOURS IMO

Just my $0.02
Keep us posted.
Chuck W.
Charles E. Wafer Jr.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Charles,

Please strike the recommendation to contact the prop. mgr. I don't believe this is a board issue -- this is a neighbor issue. IMO, the board should never get involved with issues that do not concern them. Too many HOA members erroneously think the board is there to settle ALL their problems. This would only be an issue for the BOD if the tree was on common area.
CharlesW1 (Georgia)
Posts: 826
Posted:
MaryA1

Absolutely correct! Statement withdrawn.

I do feel the homeowner still needs to be TOLD, NOT ASKED from someone other than the HO.

I would think it wouldn’t go to that extent, although it could.

Chuck W
Charles E. Wafer Jr.
BrianB (California)
Posts: 2,820
Posted:
to answer your original question JC, that was a california court case, where an owner tested the legality of a solar power/energy law against the legality of a property owner's rights laws. SO far, he has won, and the property owner with the trees has been forced to cut some down in order to allow sunshine through to the guy's solar panals.

The legislature may (but probably wont) address this until much more damage has been done.
KarenS11 (Florida)
Posts: 148
Posted:
Quote:
Posted By MaryA1 on 04/24/2008 6:35 AM
Charles,

Please strike the recommendation to contact the prop. mgr. I don't believe this is a board issue -- this is a neighbor issue. IMO, the board should never get involved with issues that do not concern them. Too many HOA members erroneously think the board is there to settle ALL their problems. This would only be an issue for the BOD if the tree was on common area.

AMEN and AMEN! Our previous PM responded to a neighbor complaint about a tree on private property uprooting their driveway. The PM had a tree guy come out and everything, informing us after the fact at a board meeting. We drafted a letter for the PM to send stating that the tree is on private property and is a matter to be addressed with her neighbor. Now they keep treatening to sue us- the new PM and I went over and looked at the tree, let them vent and reinforced once again that we do not have the authority to remove a healthy tree from someone's private property.
JC3
Posts: 290
Posted:
taking your advice, I called the county, and the clerk sent this email to me:
"I called the Code Enforcement Division who informed me that situations such as yours are treated the same as trespassing or window breaking incidents and are civil issues handled by the police. However, I was told the police usually take a 'hands-off' attitude in such matters but do call them.

So I'll call the coppers and maybe an attorney.

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