Down Tree. What to do with it?

[JimVonBaden]

So, a few months ago we had this huge storm in the DC area that knocked down a ton of trees. Fortunately none of them were mine, but my rear neighbor had one of his fall. It fell onto my fence and partly in my yard.

I gave him a few weeks to clean it up, but he didn't. So I went over and asked if he planned to do anything with it. He said he wasn't because the last 30' or so of his back yard is behind the manicured section of his property, so no need to mess with it. He doesn't care that it is sitting on my fence.

So, I have been picking up dead branches that have fallen off his tree and tossing them back over the fence. He doesn't seem to notice.

I am tired of the tree resting on my fence and am going to cut it apart so it doesn't. My question is, should I haul away the branches I cut off, they are quite substantial, or just toss them back over the fence into the "I don't care" neighbor's yard since they are his tree?

I already cut and bagged 17 yard bags of branches and limbs from this mess, but more is still there, especially the big branches.

(Flame suit on!)

Jim

 

[geotek]

Ask to come onto his side of the fence and cut the tree and pull it back over since its beyond his manicured area. Otherwise just cut it flush with your fence and throw the bits back over if he says no.

 

[grissom]

Where I live we cannot throw it back over the fence, you may want to check with your local code enforcement to see if the neighbor can be forced to clean up from his trees.

If I was your neighbor I would be cleaning up the mess or at least offer as I see its the right thing to do - sometimes neighbors ****

 

[Al Bundy]

It's his responsibility to take care of it. Hire someone to clean it up and send him the bill.

 

[RVDan]

Where I live the neighbors insurance company would be paying for removal and repairs and bylaws would force him to plant a replacement tree

 

[ctb]

The only way you're going to get it done is to do it yourself. Throw the whole lot back over the fence then remember this the next time he asks a favour.

 

[JimVonBaden]

Where I live we cannot throw it back over the fence, you may want to check with your local code enforcement to see if the neighbor can be forced to clean up from his trees.

If I was your neighbor I would be cleaning up the mess or at least offer as I see its the right thing to do - sometimes neighbors ****

What if it never touched the ground on my side?

Jim

PS I will check into that.

 

[JimVonBaden]

Where I live the neighbors insurance company would be paying for removal and repairs and bylaws would force him to plant a replacement tree

My understanding is that trees falling are an "act of doG" kind of thing, and the neighbor isn't responsible for it.

Jim

 

[Kevin54]

If he doesn't care that you cut it, I'd cut it and leave all the **** lay on his side. Just tell him you want it off of your fence. His insurance would more than likely cover it being cleaned up, but he sounds like he's too lazy to do anything with it. I hate neighbors like that when they don't have any consideration for their neighbors. After you get it cut up, walk past him, kick him in the 'nads and then grab a cold one and sit back and relax.

 

[GirlnAgarage]

Fix the fence, clear the tree on your side and send him the bill.

Ok, that's just off the top of my head cause I can be ornery. First thing is go get the tree off your fence from your side of the yard. Around here you can cut limbs crossing over your fence line. So, get a good saw and go to town. Clean up your yard obviously. Depending on the tree and the size of the pieces left, cut and put in your firewood stack (not coking wood unless it is cooking wood).

If your neighbor wants to make a fuss, let him. If he cared about it he would have been out there soon as he could after the storm to clean it up. Take care of your property because no one else is gonna care about it or do it for you. Maybe some of it will rub off on him, at the least, shame him into doing something.

 

[LutzTD]

In my area the property line is extended into the sky. If a branch of the neighbors tree extends into your yard you can cut it off, no matter how high up. The problem is its your job to cut it not his. The fence is an entirely different matter, if its your fence. Were it me, I would ask for his insurance agents name and give them a call to replace the fence. The guy replacing the fence cannot do so without removing at least part of the tree, he will also need to clean your side, the neighbor can decide if he wants his side cleaned. Even if the fence is his, Id still call his insurance, they would likely not allow him to leave the tree as it sits

 

[58Yeoman]

Did he at least pay you for your gazebo/shelter? Since he doesn't care, I'd cut it up in small enough pieces to chuck over the fence to his side. If you have a wood burner or fire place, keep it...it looks like oak.

 

[JimVonBaden]

The yard is cleaned, and grass replanted.

But the damn tree is still there.

Good advice so far. I will likely give the neighbor another chance. He doesn't seem like a bad guy, just doesn't seem to care.

The fence damage appears to be limited to the top plate, so not really a big deal. He has a chain link fence backed to mine. My big concern is if I cut his tree it might slide down and really take out the fence unless I cut it from his side. Of course his side is nothing but brambles and poison ivy!

Keep the suggestions coming.

Jim

 

[Davefr]

you may want to check with your local code enforcement to see if the neighbor can be forced to clean up from his trees.

^^^ That's the right answer because local codes wrt trees can vary significantly

 

[GirlnAgarage]

Go over with your chainsaw, knock on his door and ask if you can get in the back to get the tree of the fence. Yes, you will be doing all the work. Just go take care of it instead of dinking around with code this, enforcement that.

Some things can be fixed by just doing. Go do and be done with it.

If he doesn't give you permission or let you through and starts being a jerk then go through the city and get legal eagle on him.

 

[MoparTrucks]

Go over with your chainsaw, knock on his door and ask if you can get in the back to get the tree of the fence. Yes, you will be doing all the work. Just go take care of it instead of dinking around with code this, enforcement that.

Some things can be fixed by just doing. Go do and be done with it.

If he doesn't give you permission or let you through and starts being a jerk then go through the city and get legal eagle on him.

Sounds like the most effective solution to me. Around here that would be considered an act of god and who is responsible for the fence would depend on who has livestock being contained. If you both do then its a 50-50 deal but thats obviously not an issue for you.

Maybe offering to spit the cost of fence repair would spur him to action. That is a nice fence that he gains from as well as you.

 

[Mickey O]

I'd toss every piece of that tree back in his yard and since he doesn't mind it looking like **** back there I'd toss my trash back there as well (not anything that would get to smelling though, stuff like old TV's, etc.).

At my old ******* neighbors house I filled his window wells with the garbage that fell out of his overstuffed trash cans and any other garbage I found on his property that was close to mine, bet it's still all there.

 

[Mickey O]

Go over with your chainsaw, knock on his door and ask if you can get in the back to get the tree of the fence. Yes, you will be doing all the work. Just go take care of it instead of dinking around with code this, enforcement that.

Some things can be fixed by just doing. Go do and be done with it.

If he doesn't give you permission or let you through and starts being a jerk then go through the city and get legal eagle on him.

Maybe use the chainsaw on the guy.

 

[dandan111]

I would cut it and let it drop on his side. If he is that lazy I'm sure he won't give a ****.

 

[GirlnAgarage]

Maybe use the chainsaw on the guy.

Could, but then he'd be even more useless with no excuse Jim, take both arms - just one isn't enough

 

[dandan111]

I would cut and throw all that **** back over.

 

[GirlnAgarage]

I would cut and throw all that **** back over.

Not if it's oak - I'd keep it.

 

[Hobbit]

I don't ask if a neighbor intends to take care of an issue like this encroaching on my property. After a reasonable amount of time has passed I ask when I can expect him to have it done, and if he balks I let him know that there is no gray area in this matter I expect it to be done soon or I will take action to make him remove it which wll cost him more money when I'm through with him. At this point he already an ******* in my book so no loss. I don't let anyone walk all over me. I will bend on isues, help my neighbor but will not let someone take advantage of me.

 

[EOC_Jason]

One of our neighbors the same thing happened. Tree got knocked over from a storm (actually split down the middle) and was laying over the fence.

After a few weeks I got sick of looking at it and I just cut it up enough to push it back off the fence and into their yard. Amazingly a few days later they actually cut it all up and got it hauled out... *rolleyes*

I would ask your neighbor if you can cut it over on his side to get it off your fence. That would be easier than trying to manhandle it up in the air on your side. If he doesn't want you over then cut it on your side and throw that **** over the fence.

In Texas the laws is like the person above where it goes the property line up to the sky. So any tree branch that extends over you are legally allowed to trim. If a neighbor's tree falls on your property and causes damage they are responsible for it too.

 

[EOC_Jason]

Not if it's oak - I'd keep it.

Oh yeah, that's true... If it's good for firewood or BBQ then keep it!

 

[GirlnAgarage]

Oh yeah, that's true... If it's good for firewood or BBQ then keep it!

Heck, that'd motivate me to cut from his side and toss it over to mine!

 

[Mickey O]

Oh yeah, that's true... If it's good for firewood or BBQ then keep it!

Excellent point, but be sure to throw the bark and scraps back into the assholes yard.

 

[UpstateNY]

Bang his wife !!

 

[GirlnAgarage]

Bang his wife !!

What if he's not hetero. Do you bang his man?

 

[JimVonBaden]

Bang his wife !!

I don't think that is an option.

I like much of the advice here, and agree with GIA, I will see if I can work with him. Photos and follow on to come. We have a tornado watch today, so maybe this will become a non-issue!

Jim

 

[PAToyota]

Well, first step is you build a trebuchet...

 

[pop pop]

Too much bravado and tosterone here guys. The fact is, you should have contacted YOUR insurance company and take care of the damage on your fence and your property. That is the way it works. Each is responsible for the "damage" on each's property. His insurance and He are neither responsible for your damage, even if caused by a tree on his property - unless... you had written him forewarning him of a pending danger from the tree. So finish it up and forget the neighbor. It isn't his problem.

 

[buddyboy]

unless you're one of those guys that throws the leaves you rake up in the fall over the fence because they are "not your" leaves, I wouldn't throw that brush back into his yard.

trees fall all the time, so do leaves, and snow and twigs and acorns.

If you're not on good terms with your neighbors then:
you clean up what falls into your yard and your neighbors take care of theirs.

If you like your neighbors:
you hurry up to clean it ALL up before they can, in order to embarrass them at the next cookout for being lazy.

who knows, maybe your neighbor has a sick parent or family member and could care less about fallen trees, or maybe he's a lazy *****... either way by showing him you're the better man and you can't lose.

 

[JimVonBaden]

Too much bravado and tosterone here guys. The fact is, you should have contacted YOUR insurance company and take care of the damage on your fence and your property. That is the way it works. Each is responsible for the "damage" on each's property. His insurance and He are neither responsible for your damage, even if caused by a tree on his property - unless... you had written him forewarning him of a pending danger from the tree. So finish it up and forget the neighbor. It isn't his problem.

The damage is about $30 worth of top rail. Not worthy of an insurance claim.

Jim

 

[Mickey O]

unless you're one of those guys that throws the leaves you rake up in the fall over the fence because they are "not your" leaves, I wouldn't throw that brush back into his yard.

trees fall all the time, so do leaves, and snow and twigs and acorns.

If you're not on good terms with your neighbors then:
you clean up what falls into your yard and your neighbors take care of theirs.

If you like your neighbors:
you hurry up to clean it ALL up before they can, in order to embarrass them at the next cookout for being lazy.

who knows, maybe your neighbor has a sick parent or family member and could care less about fallen trees, or maybe he's a lazy *****... either way by showing him you're the better man and you can't lose.

Too much bravado and tosterone here guys. The fact is, you should have contacted YOUR insurance company and take care of the damage on your fence and your property. That is the way it works. Each is responsible for the "damage" on each's property. His insurance and He are neither responsible for your damage, even if caused by a tree on his property - unless... you had written him forewarning him of a pending danger from the tree. So finish it up and forget the neighbor. It isn't his problem.

I'd like to move a couple of my old neighbors into the homes next to yours and then see what type of responses you have after a few years of living next to assholes.


What kind words would you have for a neighbor that leaves his thrash like this on a weekly basis:

Overlooking the fact that it's against local code to store that thrash cans where they are stored.

I'm looking for the lawn pics.

And the lawn:

 

[R-132 Fan]

Poison Oak back there? Don't mess around in it. Get an electric polesaw and a ladder. Reach over the fence far enough to cut the tree far enough back to drop it out of sight, Throw any pieces back over the fence you don't want. Once it's drops down far enough you won't have to look at it.
Lowes has the Ryobi 9 foot electric pole saw for about $99.00. I have one and have used it quite a bit on my own stuff and other peoples work. You probably can find a used one on Craigslist for a lot less if you watch for a while.
If somehow you end up getting the Poison Oak on yourself, try homeopathy to treat it. I hire out to clean up stuff other people don't want to to deal with. I have found the Boiron Sulpher 30 tablets work the best of anything for me after I get a Poison Oak removal job and my skin is irritated. The Boiron will be a blue see through plastic vial of round pills that you will have to go to a health food store to find.

 

[signcrafter]

The "right" thing would have been for him to come over and apologize for the damage and the two of you work together to clean everything up and then have a few beers.

I'm not sure if this is everywhere or just where I live. From the posts above it sounds like different states have different rules or the posters don't know them. But where I am each properties insurance is responsible for the damage to each property. It was an act of God so no fault. Your neighbor isn't responsible to do anything about your fence or the tree on your yard. Maybe this is different in different places but that is how it works here. If you have enough damage you call your insurance company. If you want the tree on your side cleaned up you do it or hire someone to do it for you. I'm going to guess by your lazy neighbor's response that this is how it is where you're from also and he knows this.

Go ask him if you can get permission to cut the tree from his side. If he says no then go buy a pole saw and cut the tree on his side from your yard. Then clean up your yard. Also you can't throw the **** back in his yard, legally. The city dump takes tree branches and chunks for free, just have to take them there.

 

[F-117HWK]

Jim where are you at up here in NoVa? I am in Chantilly.

We lost quite a few large branches over at my grandparents house in Falls Church to that storm. I haven't seen any tornadoes yet today, just buckets of rain and wind.

 

[TAftw]

Cut it down and keep the wood for your fireplace. Some towns have wars over leaves and trees. Just get it over with and be done with it.

 

[JimVonBaden]

Jim where are you at up here in NoVa? I am in Chantilly.

We lost quite a few large branches over at my grandparents house in Falls Church to that storm. I haven't seen any tornadoes yet today, just buckets of rain and wind.

Alexandria, on the newer side of 395 by Beauregard. LOTS of rain, some wind so far.

Nothing down yet, and the tornado watch was just cancelled.

Jim