reclusive neighbor ignoring pruning needs

15 years ago

Hello, I really just want to get a little feedback to my decision. I live on a small lot, 33 x 70, and live next to a reclusive neighbor who has long neglected any upkeep to his house. I don't think he has much money, he doesn't have a job that I know of. He doesn't own a car or have a phone or leave the house much at all. Anyway, his lot is equally small and smack up against mine. In his backyard there is an old apple tree, maybe 60 years old and half of the branches spread out into my yard. It was planted (?) right next to the property line and we now share it's crown. It's three stories tall, and filled with beautiful blossoms in the spring. It is also filled with dead wood and squirrel's nests and I have gotten some estimates for pruning it. It is most definitely his tree and his responsibility, but he will never have this pruning done. I got an estimate for $495 today for pruning out the dead wood, clearing it from the electric wires. Also for cutting down a young elm that has sprouted up that is now taller than the apple. I know this should be his responsibility and it is but he won't do it and I'm tired of looking at this tree in such a sad state. It covers half of my yard and I like the sense of enclosure it gives my new deck and I don't want it cut down. I could just deal with my half of the tree in terms of pruning but I would still have to look at the gnarled, dead wood on his side. The arborist that came over today seemed pretty amazed that I would do this. "I wish my neighbors would pay to have my trees pruned!" But this neighbor of mine is unable/unwilling to do anything about it. He mows his lawn at 11:00 at night! He is a strange guy. Anyway I was just wondering if anyone else has any similar stories to share. Am I crazy for doing this? $495 seems like a lot. Thanks.

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Comments (4)

Embothrium
15 years ago
>I know this should be his responsibilityIt's not unusual for parts overhanging your property to be your responsibility. The rules aren't the same everywhere, find out what the situation actually is there before taking any additional actions.
Dan _Staley (5b Sunset 2B AHS 7)
15 years ago
I am an urban planner and an arborist.

I would wager there are zero cities in this country that would allow you to go onto your neighbor's property and prune in this situation. If you get him to agree to your paying for pruning, you'll want it in writing as this is fraught with problems.

The issue is whether it is a hazard to the wires, whether vermin use it as a travel corridor, whether the fruit is a nuisance impeding your health, safety or welfare, and lastly whether the plant negatively impacts your quality of life/property values.

Second, it is common to have older laws that allow you to prune up from your property line, even though this is generally detrimental to the plants. As an arborist, I don't recommend this and I doubt you'll find a certified arborist to do this (altho in this economy, who knows, and the tree may be senescing so maybe someone would justify it to themselves).

Third, there may be an ordinance on the books that allows the city to allow pruning by a certified third party (utility pruner) to fix the hazard.

These are your general options without looking at your city's municipal code. This situation is common and part of dealing with people and neighbors, has gone on forever and will continue into the indefinite future. This is why we have zoning and property laws and ways to remedy grievances, but the grievances have limits.

Good luck.

Dan
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sappy
Original Author
15 years ago
Dan wrote: "The issue is whether it is a hazard to the wires, whether vermin use it as a travel corridor, whether the fruit is a nuisance impeding your health, safety or welfare, and lastly whether the plant negatively impacts your quality of life/property values."
Well, all of these things are true! We had the electric company come out and replace the wires because the squirrels were chewing on the wires. Needless to say they use the tree to travel from the surrounding yards to the squirrel condo that is my neighbors house. He probably has 20 squirrels living there! The fruit is inedible (to humans!) and a big mess. I clean it up on my side of the fence, but it does attract rats as well as feed the squirrels for another season, not to mention the yellow jackets. Jeez, this tree is really not worth it! The rats were really freaking me out this past fall. My neighbor would never deal with this situation. Maybe I'll have to call the city and have them deal with him. He is nice but so clueless. He will give me written permission to do any pruning. I'll have to sit on this. I don't want to get on bad terms with my neighbor but I really don't want to deal with those rats again! Thanks for your responses!
Dan _Staley (5b Sunset 2B AHS 7)
15 years ago
Maybe I'll have to call the city and have them deal with him.

There should be a law on the books about responsibility for nuisance vegetation. Do that.

Good luck,

Dan

reclusive neighbor ignoring pruning needs

Comments (4)

Embothrium

Dan _Staley (5b Sunset 2B AHS 7)

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sappy
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Dan _Staley (5b Sunset 2B AHS 7)

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reclusive neighbor ignoring pruning needs

Comments (4)

Embothrium

Dan _Staley (5b Sunset 2B AHS 7)

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sappyOriginal Author

Dan _Staley (5b Sunset 2B AHS 7)

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sappy
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