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Tree Trimming Question
Posted by: TomMadison ()
Date: April 22, 2009 08:51AM

My neighbor has a large tree in his front yard that sits just inside the line separating our properties. There are a number of branches hanging over my garage which drop stuff on the roof and in the gutters all year. I have asked him on several occasions to trim the tree and they have refused because they like the fullness and shape.

Earlier this week I had some guys doing tree work in my yard and one of them told me that it was legal to trim any branches which cross the property line and I was wondering whether there is any truth in this. I don't mind paying the cost, but don't want to find myself in a bigger pissing contest with my neighbor.

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Re: Tree Trimming Question
Posted by: pgens ()
Date: April 22, 2009 09:01AM

My understanding is that is legal due to air rights. Here is some advice on an ABA site. Personally I would pick a date... politely inform the owner you don't want to clean up the messes anymore and will schedule branch trimming for the last week in May if the owner hasn't taken care of it himself. It may help to find something on the county Web site regarding rights to trim so if he threatens to call the police if you do it you can hand him the regulations.



--------------------------------

Can I trim the overhanging limbs of my neighbor's tree?

You may trim the branches of a neighbor's tree that hang over your property, with certain restrictions:
- You may trim up to the boundary line only.
- You need permission to enter the tree-owner's property (unless the tree poses imminent and grave harm to you or your property).
- You may not cut down the entire tree.
- Your trimming may not destroy the tree.

It's always best to notify the tree owner before starting any trimming, pruning, or cutting. If the owner objects to the trimming, offer reassurance that the job will be done professionally and responsibly, respecting the mutual rights of both parties involved.

--------------------------------

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 09:03AM

NO! If you live in a homeowners association, submit a request to the Board for resolution.

If you don't live in a homeowners association, contact a reputable tree service for a report of potential damage to your property if the tree is not trimmed and a quote to trim the tree. Then, take your neighbor to court.

My neighbor has a blossoming cherry with brances that overhang my hard and roof. It drops blossoms in my yard (which the dog brings into the house), on the roof and into the gutters. I contacted a reputable tree service and it was determined that the tree presentend no cause for damage to my property, and I was advise to install gutter guards to keep the blossoms from clogging my gutter.

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Re: Tree Trimming Question
Posted by: pgens ()
Date: April 22, 2009 09:06AM

Why do that when it is legal to trim it? Why go through all the paperwork and hassle, asking someone else for permission for something that is your right?

Trim the tree and let them complain to the HOA. OP has already stated he asked nicely a number of times.

Do it during the day sometime, it is possible the neighbor won't even notice the difference.

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 09:16AM

It's not a legal trim when it is not your property and you do not have the owner's permission.

You do not have the the right to trim your neighbor's tree just because its an inconvenience.

Sneaking around is an indication that what you are doing is wrong or illegal. Not a smart move. Also, do you honestly believe you can bring in a tree trimming service - at any time of the day - without someone in the community noticing?

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Re: Tree Trimming Question
Date: April 22, 2009 09:20AM

TomMadison Wrote:
-------------------------------------------------------
> My neighbor has a large tree in his front yard
> that sits just inside the line separating our
> properties. There are a number of branches
> hanging over my garage which drop stuff on the
> roof and in the gutters all year. I have asked
> him on several occasions to trim the tree and they
> have refused because they like the fullness and
> shape.
>
> Earlier this week I had some guys doing tree work
> in my yard and one of them told me that it was
> legal to trim any branches which cross the
> property line and I was wondering whether there is
> any truth in this. I don't mind paying the cost,
> but don't want to find myself in a bigger pissing
> contest with my neighbor.


It doesn't matter if it is your legal right or not. If you trim the branches you will be in a bigger pissing contest regardless.

I think you need to weigh what will be the bigger headache....shit in your gutters or getting into a legal pissing match with your neighbor.

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Re: Tree Trimming Question
Posted by: pgens ()
Date: April 22, 2009 09:41AM

Junes Wrote:
-------------------------------------------------------
> It's not a legal trim when it is not your
> property and you do not have the owner's
> permission.

YES IT IS. You don't know what you are talking about! Tree branches overhanging your property are trimmable by air rights! It doesn't matter where the trunk is.

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 09:44AM

Sorry Pgens, you're wrong.

Few homeowners understand the laws and legal rights that apply to trees. In addition, most people have no idea that ornamental trees can have a monetary value that can be recovered in court should anything happen to it – i.e. pruned too severely.

Some trees can be replaced easily for about $500 to $2,500. An older or landmark tree can have an assigned value of $25,000 to $60,000, based on size, species, condition and location."

Ownership: If a tree's trunk is entirely on a homeowner's property, the tree belongs to that homeowner. If the tree straddles the boundary between two properties, the tree is owned jointly by both landowners. You can't remove it or prune it without the other owner's permission, and you can't prune it to the extent that it will damage the community property of the tree.



Edited 1 time(s). Last edit at 04/22/2009 09:54AM by Junes.

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Re: Tree Trimming Question
Date: April 22, 2009 09:51AM

Regardless of who is right or wrong, the neighbor says he doesn't want the tree trimmed. If the OP does it against his wishes, there will be legal wrangling in any case.

If the OP decides to commence, I suggest giving the neighbor fair warning that this is his intent. If he just has Juan show up and start cutting branches, expect a shit storm to explode on the cul de sac.

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 10:01AM

I think the votes are in. If Pgens' neighbor has tree branches hanging over the fence, Pgens will haul out the chain saw - after the neighbors leave for work - and cut away. If anyone asks what happened, he wil smile and say, "the tree devil did it."

Tom however will review the pros and cons to arrive a method to resolve with the least resistance. It sounds as though Tom reconnizes that maintaining civil neighborly relations is important, while Pgens gets off on antagonizing because he feels it's his legal right.

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Re: Tree Trimming Question
Posted by: pgens ()
Date: April 22, 2009 10:19AM

Junes, read the last two bullets of the American Bar Association recommendations I already posted. You are making things up, I never said destroy the tree. And the original poster never said this was an "ornamental tree." Just because you don't want your overhanging branches cut by a neighbor doesn't make it any less legal for the original poster to do so. Read his post, he is asking if it is legal to do what was suggested by the trimming company as he described it, and the answer is yes.

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Re: Tree Trimming Question
Posted by: Bobcaat ()
Date: April 22, 2009 10:37AM

It is legal to trim the branches that are over your property as long as the trimming is not likely to kill the tree. You have a right to trim the branches.

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Re: Tree Trimming Question
Posted by: TomMadison ()
Date: April 22, 2009 10:46AM

FWIW...the tree is a Bradford Pear...hardly ornamental...more of a nuisance and my ongoing concern is that the tree is eventually going to split and fall on my garage. I am not worried about finding stuff in my gutters or around my property...this has been civil overall.

The problem started when she complained about my use of herbicides and I choose now to simply ignore her when she asks about what I am spraying on my lawn. There was an issue about 18 months ago where the wind carried some overspray across the fence line and killed some wild raspberry vines which her husband told me were a nuisance anyways.

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 10:47AM

pgens Wrote:
-------------------------------------------------------
> Junes, read the last two bullets of the American
> Bar Association recommendations I already posted.
> You are making things up, I never said destroy the
> tree. And the original poster never said this was
> an "ornamental tree." Just because you don't want
> your overhanging branches cut by a neighbor
> doesn't make it any less legal for the original
> poster to do so. Read his post, he is asking if
> it is legal to do what was suggested by the
> trimming company as he described it, and the
> answer is yes.

I've read your posts pgens. You are basing your "facts" on presumptions. You have no idea what type of tree Tom is talking about; how far it overhangs his yard; how severe the pruning will be to cut back to the property line; or much of anything about this situation.

Knowing nothing of the sitaution, you are still ready to haul out the chain saw and hack away, which is pretty much the way you approach everything on this forum.

Post all the bullets you want, but those bullets mean nothing if they are not applicable to THIS situation.

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Re: Tree Trimming Question
Posted by: paul bunyon ()
Date: April 22, 2009 10:54AM

pour a gallon of roundup around the roots and the problem will solve itself..

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 11:24AM

TomMadison Wrote:
-------------------------------------------------------
> FWIW...the tree is a Bradford Pear...hardly
> ornamental...more of a nuisance and my ongoing
> concern is that the tree is eventually going to
> split and fall on my garage. I am not worried
> about finding stuff in my gutters or around my
> property...this has been civil overall.
>

Bradford Pears are popular landscaping trees that are beautiful and fast growing. Unfortunately what makes them so popular is also their downfall. They have have weak wood and poor branch structure. Without proper maintenance, they begin to "break down" after about 20-25 years.

If your neighbor's tree has reached its "life-expectancy" it is quite probable that your neighbor's failure to prune has cause trunk distress (signs of splitting). If there is evidence that the trunk is splitting, there is a very real probability that it may cause damage to your garage.

This is all the more reason why you should hire a reputable tree service to determine the condition of the tree and provide recommendations.

If you "take the law into your own hands" and have a tree trimming party with pgens, you may upset the balance of the tree and place stress on the trunk causing it to lean and damage the tree. Without the neighbor's consent, it won't be hard to track the damage (and settlement) back to you.

Further, if tree is splitting, a tree service report will note this. You can take pre-emptive action to protect your property, and if something should happen in the interim, you are covered. Otherwise, a fallen tree is treated as an Act of God.

It's obvious your neighbor does not want to alter the appearance of the tree. Bring in the experts, if for no other reaons than CYA. If recommendations are made to trim or remove the tree, there are going to be hard feelings - even if the tree is potential hazard.

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Re: Tree Trimming Question
Posted by: pgens ()
Date: April 22, 2009 11:29AM

TomMadison Wrote:
-------------------------------------------------------
> FWIW...the tree is a Bradford Pear...hardly
> ornamental...more of a nuisance and my ongoing
> concern is that the tree is eventually going to
> split and fall on my garage.

Ugh, I don't know why those are allowed anywhere near structures. Unless Junes is going to pay your homeowner insurance deductible (it falls under your homeowner insurance if it hits your structure, not theirs) I'd take actions soon, either give them four weeks to take care of it as I recommended or something along those lines.

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Re: Tree Trimming Question
Posted by: pgens ()
Date: April 22, 2009 11:30AM

Junes Wrote:
-------------------------------------------------------

> Knowing nothing of the sitaution, you are still
> ready to haul out the chain saw and hack away,
> which is pretty much the way you approach
> everything on this forum.

Again, making up things I didn't say. I recommended a measured response giving the homeowner a month to take care of it, or it would be taken care of for them as legally allowed. I'm not sure if you are making things up or just have some reading comprehension problems, but you are a piece of work.

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Re: Tree Trimming Question
Posted by: jimmy jingles ()
Date: April 22, 2009 11:40AM

Here is an article from the washington post about tree disputes between neighbors:

http://voices.washingtonpost.com/rawfisher/2007/09/rfq_when_does_a_noxious_tree_b.html

"Virginia's 1939 rule said that unless the tree's impact on the neighbor was truly "noxious," the neighbor's only recourse was to haul out the clippers and try to limit the damage on his own side of the property line. The courts, the law said, were no place to play out these neighbor disputes."

Apparently you might even be able to force her to REMOVE the tree.

But this isn't about the tree, its about you two being in a pissing match. If you fuck up her tree, she's going to hold an even bigger grudge. If you build your deck, fence, etc 0.001" larger than it should be, she's going to force you to remove it. If your dog barks once, she's going to file a noise complaint. Etc etc.

If you're determined to cut the tree back, at least go over there and explain why. And apologize for killing her vines even if its bullshit. I had a neighbor dispute over a fenceline and it was ugly and stressful and completely not worth it.



Edited 1 time(s). Last edit at 04/22/2009 11:47AM by jimmy jingles.

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 11:41AM

No pgens, you presumed you were familiar with the situation when you didn't have a clue and tried to apply a non-applicable and vague overview of a law to the situation.

It is because I have no reading comprehension problems that I was able to see that you were spitting into the wind. I'm sorry the wind shifted and and flew back into your face. But, that's what happens when you run off at the keyboard when you don't have a clue.

It's not like you you haven't been exposed before. You'll get over it - you always do.

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 11:50AM

jimmy jingles Wrote:
-------------------------------------------------------
> Here is an article from the washington post about
> tree disputes between neighbors:
>
> http://voices.washingtonpost.com/rawfisher/2007/09
> /rfq_when_does_a_noxious_tree_b.html
>
> "Virginia's 1939 rule said that unless the tree's
> impact on the neighbor was truly "noxious," the
> neighbor's only recourse was to haul out the
> clippers and try to limit the damage on his own
> side of the property line. The courts, the law
> said, were no place to play out these neighbor
> disputes."
>
Jimmy, this was BEFORE the law was amended. It now reads:

So the new word governing trees in Virginia will be "nuisance," adopted from Hawaii's groundbreaking tree jurisprudence. "Encroaching trees and plants may be regarded as a nuisance when they cause actual harm or pose an imminent danger of actual harm to adjoining property," wrote the Hawaii court in a ruling that Virginia is now adopting as its guide.

===

Before you pull those clippers out of the shed, it helps to read the entire article!!!!!!!



Edited 1 time(s). Last edit at 04/22/2009 11:50AM by Junes.

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Re: Tree Trimming Question
Posted by: jimmy jingles ()
Date: April 22, 2009 11:52AM

you two should just duke it out IRL already, goddamn.

This board should have a way to vote up/down posts and only show posts above a certain threshold to mute out useless chest-thumping and asinine donut posts.

Junes Wrote:
-------------------------------------------------------
> No pgens, you presumed you were familiar with the
> situation when you didn't have a clue and tried to
> apply a non-applicable and vague overview of a law
> to the situation.

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 11:54AM

WOW Jingles, talk about the pot calling the kettle black.



Edited 1 time(s). Last edit at 04/22/2009 11:55AM by Junes.

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Re: Tree Trimming Question
Posted by: jimmy jingles ()
Date: April 22, 2009 11:55AM

Junes:

My reading of the article was that it's to clarify the word "nuisance" because of a court case where a tree was forced to be CUT DOWN entirely.

My interpretation was that if its not a nuisance, your only recorse is to trim it back.

Why are you taking this so personally? Quote something to back up your argument if its actually not legal, I'm not a lawyer. I might be wrong, but from what I found it looks like its legal to cut it back to the property line.


Junes Wrote:
> Before you pull those clippers out of the shed, it
> helps to read the entire article!!!!!!!

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 11:58AM

Jimmy, jimmy, jimmy - jimmeny jingles. Stick to stuff you know

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Re: Tree Trimming Question
Posted by: jimmy jingles ()
Date: April 22, 2009 12:04PM

Junes,
I hope you're just trolling for entertainment. You don't win arguments by being condescending and obnoxious. You're that same guy that drives the speed limit in the left lane, aren't you?

Anyway, to repeat: It seems that if all you want to do is trim back a neighbor's tree to the property line, the question of rather or not it is a "nuisance" does not have to be taken into consideration.

If you want to force them to cut it down, then the whole "Hawaii" rule thing comes into play.

I posted this for Madison and anyone else who searches the board for tree disputes, not so you could shit up the thread with more useless angry replies with no substance.

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 12:07PM

When you post to this forum, you post to everyone. If you want to post only to Madison, send a PM.

Good grief, suck it up and stop being such a wimp.

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Re: Tree Trimming Question
Posted by: jimmy jingles ()
Date: April 22, 2009 12:13PM

If you're not willfully trolling, then you've got anger and reading-comprehension issues, my friend. This thread isn't about you.


Junes Wrote:
-------------------------------------------------------
> When you post to this forum, you post to everyone.
> If you want to post only to Madison, send a PM.
>
> Good grief, suck it up and stop being such a wimp.

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Re: Tree Trimming Question
Posted by: pgens ()
Date: April 22, 2009 12:15PM

jimmy jingles Wrote:
-------------------------------------------------------
> Junes,
> I hope you're just trolling for entertainment. You
> don't win arguments by being condescending and
> obnoxious. You're that same guy that drives the
> speed limit in the left lane, aren't you?

Loons obviously doesn't listen to reason, her toggle switch is on "send" and never "receive" and it is pointless to apply a logical argument with her. I haven't dealt with her much before this thread but now see when she shoves her way into a discussion she's just going to keep repeating the same wrong things until people get sick of her and go away, and she leaves believing she was right. It's a schoolgirl mentality and unfortunately we have to share air with immature people like that. We just have to hold out hope that if they breed, their get will not act that way and annoy future generations.

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 12:20PM

I work with "tree disputes" on a regular basis and learned one very important thing - your legal rights end where your neighbor's begin. Unless you're a professional, you have no idea where that line is.

You can go off half cocked and hope for the best, because you think you know what your legal rights are, or you can take that extra step and consult with a professional and do it the right way.

Tom is the one who will make the final decision how to resolve this dispute. He can use any of the information from this thread to make his decision, or none of it.



Edited 1 time(s). Last edit at 04/22/2009 12:22PM by Junes.

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Re: Tree Trimming Question
Posted by: Gravis ()
Date: April 22, 2009 12:24PM

TomMadison Wrote:
-------------------------------------------------------
> My neighbor has a large tree in his front yard
> that sits just inside the line separating our
> properties. There are a number of branches
> hanging over my garage which drop stuff on the
> roof and in the gutters all year. I have asked
> him on several occasions to trim the tree and they
> have refused because they like the fullness and
> shape.



it would be a shame if the tree were to burn down. ;)


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."095042938540



Edited 1 time(s). Last edit at 04/22/2009 12:25PM by Gravis.

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Re: Tree Trimming Question
Posted by: jimmy jingles ()
Date: April 22, 2009 12:25PM

Well, you can hire a surveyor to find out exactly where that line is.

Junes Wrote:
-------------------------------------------------------
> I work with "tree disputes" on a regular basis and
> learned one very important thing - your legal
> rights end where your neighbor's begin. Unless
> you're a professional, you have no idea where that
> line is.

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 12:27PM

Gravis Wrote:
-------------------------------------------------------

>
> it would be a shame if the tree were to burn down.
> ;)


That could work, but there goes Tom's garage too ;0D

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Re: Tree Trimming Question
Posted by: jimmy jingles ()
Date: April 22, 2009 12:27PM

Also, google is either getting very creepy or this is a very common thing..

I googled "Fairfax County Air Rights" and in the results I get two google ads for tree trimmers and one saying "Have a bad neighbor? Tips for dealing with bad neighbors"

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Re: Tree Trimming Question
Posted by: pgens ()
Date: April 22, 2009 12:28PM

lol

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Re: Tree Trimming Question
Posted by: JayBee ()
Date: April 22, 2009 12:33PM

Junes,
Condescending posts don't win an argument. You are wrong, Pgens and Jingles are correct. Get over it, move on and go pick a fight somewhere else.

Being passionate about an argument doesn't make you correct, it just lessens your veracity on other posts. I will read your posts with a grain of salt from now on.

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Re: Tree Trimming Question
Posted by: Junes ()
Date: April 22, 2009 12:39PM

JayBee Wrote:
-------------------------------------------------------

> Being passionate about an argument doesn't make
> you correct, it just lessens your veracity on
> other posts. I will read your posts with a grain
> of salt from now on.

Excellent point and that's exactly why I'm equally passionate about presenting the RIGHT way to handle a dispute like this.

I have not been condescending to anyone - I've simply stated the facts. I've not resorted to personal attackes, name calling, questioned a person's mental capacity, or even had the need to curse.

If there are some who feel that disagreeing is condescending because they can not dispute that my information is not only accurate, it is logical and proactive, then they need to grow a thicker skin.

In the end, anyone can do whatever they want - but the consequences are theirs. I've seen it happen too many times and the consequences.

I'm sorry if people's feelings are hurt, but that kinda goes with this forum.

As I've said several times - this is TOM's decision to make. It really doesnt' matter to me one way or the other how the others handle it in their neighbor's yards. They're going to do whatevery they want anyway.



Edited 1 time(s). Last edit at 04/22/2009 12:44PM by Junes.

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Re: Tree Trimming Question
Posted by: jimmy jingles ()
Date: April 22, 2009 12:45PM

I do agree 100% that actually cutting the tree back might not be a good idea.

Legally, I believe he has the right to, and thats what I was posting.

Of course, if the trimming kills the tree, then he might be liable for damages. And anyone can take anyone else to court, even if they are in the wrong. Its still expensive and stressful.

I also did mention that it will just escalate if he does cut it back without talking to the neighbors. It all sounds like a pissing match anyway, like he wants to cut it back just to piss her off for bitching about his weed killer.



Edited 1 time(s). Last edit at 04/22/2009 12:48PM by jimmy jingles.

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Re: Tree Trimming Question
Posted by: Rizwan Ahmed ()
Date: April 02, 2016 10:52PM

I have Town house on Draco st,
and there is tree right behind out house, Because of the age of tree It feel like it will fell on my house or someone house.
I like to request to move the tree or reduce the height of tree.

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Re: Tree Trimming Question
Posted by: Greybeard ()
Date: April 02, 2016 11:53PM

Rizwan Ahmed Wrote:
-------------------------------------------------------
> I have Town house on Draco st,
> and there is tree right behind out house, Because
> of the age of tree It feel like it will fell on my
> house or someone house.
> I like to request to move the tree or reduce the
> height of tree.

You have my permission.

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Re: Tree Trimming Question
Posted by: toPpYtHeTrEe ()
Date: April 03, 2016 11:10AM

good job

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Re: Tree Trimming Question
Posted by: not a tree hugger ()
Date: April 04, 2016 01:00PM

toPpYtHeTrEe Wrote:
-------------------------------------------------------
> good job


Yep, that is called a hard prune. Sometimes it is necessary when you have an otherwise healthy tree whose branches have gotten out of control. Yes, it will look like shit for a couple of years but then it will fill back in and look great. The alternative is to cut the tree down, plant a new one and wait 25 years to get a tree that size. It is all about choices.

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Re: Tree Trimming Question
Posted by: FrankR. ()
Date: April 04, 2016 02:02PM

Do whatever the hell you want, if it's bothering you cut it down and they can suck your nuts.

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Re: Tree Trimming Question
Posted by: hardprunejuice ()
Date: April 04, 2016 02:17PM

not a tree hugger Wrote:
-------------------------------------------------------
> toPpYtHeTrEe Wrote:
> --------------------------------------------------
> -----
> >
> good job
>
>
> Yep, that is called a hard prune. Sometimes it is
> necessary when you have an otherwise healthy tree
> whose branches have gotten out of control. Yes, it
> will look like shit for a couple of years but then
> it will fill back in and look great. The
> alternative is to cut the tree down, plant a new
> one and wait 25 years to get a tree that size. It
> is all about choices.

No its topping not a 'hard prune' but you did sound like an expert for a quarter second...

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Re: Tree Trimming Question
Posted by: KMW HOA ()
Date: April 05, 2016 09:06AM

The county real estate assessment page at http://icare.fairfaxcounty.gov/ffxcare/search/commonsearch.aspx?mode=address (search by street name then sort by owner name then click on the map) shows that the land surrounding your home is owned by the Keene Mill Woods HOA. You need to take it up with them.

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Re: Tree Trimming Question
Posted by: Burke Brat ()
Date: April 05, 2016 09:14AM

Most HOA's will take a chance and leave it be unless its really dead, even a Healthy Tree can fall. If it is dead send a Certified letter to the owner of the property, if it falls their insurance will have to assume 100% Liability, if you dont and it falls on your house or property your insurance will cover the part on your property and their insurance for whats on their property.

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Re: Tree Trimming Question
Posted by: VG9hU ()
Date: April 12, 2016 11:50AM

VG9hU

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Re: Tree Trimming Question
Posted by: Topping trees ()
Date: April 12, 2016 03:05PM

Topping trees is for idiots.

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