sharing cost of tree cutting

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Jonezez
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sharing cost of tree cutting

Post by Jonezez »

Hi Bogleheads:

My new neighbor has a swimming pool in their backyard near the border with my house. I have trees growing in my property but apparently, the leaves from my trees fall into his pool.

He is asking me to prune my trees that overhang into his yard and he will split the cost.

Prior neighbor never complained once.

I am willing to pay for 1/2 for the sake of good neighbor relations but, is it my responsibility and thus my expense to cut the tree branches from my yard that grow into his yard? Or is it that he can do whatever he wants with the branches of my tree that overhang on his side?

appreciate the insight
tomd37
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Re: sharing cost of tree cutting

Post by tomd37 »

It is my understanding he has the right to cut any limbs that reach over his property line. Whether or not his trimming will be of such standards so as not to impact the appearance and quality of your tree is yet another question.

Solution - Split the cost and get a proper job done.
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lthenderson
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Re: sharing cost of tree cutting

Post by lthenderson »

In most states, the person with the tree trunk within their property lines is responsibly for maintaining the tree of weak branches. However, the owner of the tree is not responsible for falling leaves, seeds, or other debris onto the adjacent property. The adjacent property owner has the right to prune the tree back to the property line but not to trespass doing so. Also you have the right that the pruning will not harm the tree in anyway.
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dm200
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Re: sharing cost of tree cutting

Post by dm200 »

Jonezez wrote: Thu Dec 07, 2017 4:04 pm Hi Bogleheads:
My new neighbor has a swimming pool in their backyard near the border with my house. I have trees growing in my property but apparently, the leaves from my trees fall into his pool.
He is asking me to prune my trees that overhang into his yard and he will split the cost.
Prior neighbor never complained once.
I am willing to pay for 1/2 for the sake of good neighbor relations but, is it my responsibility and thus my expense to cut the tree branches from my yard that grow into his yard? Or is it that he can do whatever he wants with the branches of my tree that overhang on his side?
appreciate the insight
I believe this is a neighbor relations issue (had one of those myself) vs technicalities and legalities. Frankly, in my opinion, you are doing well with the 50/50 split. Do limbs and branches of your trees actually overhang his property?
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onthecusp
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Re: sharing cost of tree cutting

Post by onthecusp »

I believe that dangerous situations are more nuanced and dependent on state law e.g. rotten limbs.

But here it should be entirely up to him. Cutting those branches will not help much if the wind is blowing anyway. He has a right to cut them back to the property line in a manner that does not hurt your tree's health. If you want to contribute a little, say to have the branches cut at the trunk I suppose that is up to you.

If I lived next door and asked you for a $500 donation to my landscaping would you agree just to be neighborly?
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dm200
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Re: sharing cost of tree cutting

Post by dm200 »

onthecusp wrote: Thu Dec 07, 2017 4:11 pm I believe that dangerous situations are more nuanced and dependent on state law e.g. rotten limbs.

But here it should be entirely up to him. Cutting those branches will not help much if the wind is blowing anyway. He has a right to cut them back to the property line in a manner that does not hurt your tree's health. If you want to contribute a little, say to have the branches cut at the trunk I suppose that is up to you.

If I lived next door and asked you for a $500 donation to my landscaping would you agree just to be neighborly?
The OP's best way of being 100% sure that the trimming/pruning does no harm to the trees is to participate in funding the pruning. A bad trimming/pruning can destroy a tree.
ADower
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Re: sharing cost of tree cutting

Post by ADower »

onthecusp wrote: Thu Dec 07, 2017 4:11 pm I believe that dangerous situations are more nuanced and dependent on state law e.g. rotten limbs.

But here it should be entirely up to him. Cutting those branches will not help much if the wind is blowing anyway. He has a right to cut them back to the property line in a manner that does not hurt your tree's health. If you want to contribute a little, say to have the branches cut at the trunk I suppose that is up to you.

If I lived next door and asked you for a $500 donation to my landscaping would you agree just to be neighborly?
If you lived next door to me and this were the situation I would split the costs just too be neighborly.
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Pajamas
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Re: sharing cost of tree cutting

Post by Pajamas »

There are books written on this very topic, sometimes just about trees and sometimes about other issues between neighbors, too. Start with state law and then check your local laws. If there is a homeowner's association, it might also have rules that come into play.

https://www.nolo.com/legal-encyclopedia ... 65207.html

He may even have the right to trim the branches without your permission as long as it doesn't kill the tree and have to bear the full cost but what you probably want is to maintain good relations with your neighbor to avoid a Ron Paul situation where someone ends up with broken ribs.

Another option might be to ask a reputable arborist how it works were you live.

I would probably take it as a polite suggestion to take responsibility for it myself, especially if there is any problem with the tree. If the tree is not very near the property line and there is not significant overhang and the tree is healthy and is a common type found in the area and not one that creates a big mess or sheds for many months, say a chestnut with the prickly fruit or a mulberry with all of the mess, I might not be so happy about it. People with pools are responsible for maintaining them, after all.
livesoft
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Re: sharing cost of tree cutting

Post by livesoft »

If you don't like your tree, now is the time to get your neighbor to help you cut it down entirely. :)
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Jonezez
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Re: sharing cost of tree cutting

Post by Jonezez »

dm200 wrote: Thu Dec 07, 2017 4:11 pm
Jonezez wrote: Thu Dec 07, 2017 4:04 pm Hi Bogleheads:
My new neighbor has a swimming pool in their backyard near the border with my house. I have trees growing in my property but apparently, the leaves from my trees fall into his pool.
He is asking me to prune my trees that overhang into his yard and he will split the cost.
Prior neighbor never complained once.
I am willing to pay for 1/2 for the sake of good neighbor relations but, is it my responsibility and thus my expense to cut the tree branches from my yard that grow into his yard? Or is it that he can do whatever he wants with the branches of my tree that overhang on his side?
appreciate the insight
I believe this is a neighbor relations issue (had one of those myself) vs technicalities and legalities. Frankly, in my opinion, you are doing well with the 50/50 split. Do limbs and branches of your trees actually overhang his property?
That's the thing, the branches don't actually overhang so I suspect that trimming my tree will minimally improve his situation... tree + wind = blown leaves. Unless I cut my tree down to below my dividing wall, I think he is bound to get leaves in his tree. I think the trees are mutually beneficial from a privacy point of view so I doubt he would want me to cut the trees down completely.
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cfs
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Re: sharing cost of tree cutting

Post by cfs »

One of my neighbors complained about my whipping fig dumping leaves on his patio [note, he was very happy with the tree because it provided nice shade on his pile of junk next to my fence, his issue was with the leaves falling on his pile of junk]. He went to work and when he returned the whipping fig was gone, never to grow again . . . that took care of the leaves issue . . . and the nice shade too. Wishing YOU and YOUR family a Merry Christmas, and thanks for reading.
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dm200
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Re: sharing cost of tree cutting

Post by dm200 »

That's the thing, the branches don't actually overhang so I suspect that trimming my tree will minimally improve his situation... tree + wind = blown leaves. Unless I cut my tree down to below my dividing wall, I think he is bound to get leaves in his tree. I think the trees are mutually beneficial from a privacy point of view so I doubt he would want me to cut the trees down completely.
OK - no overhang at all - just leaves. My former neighbor was fussy about his yard -- and had NO trees or shrube because he did not like leaves. he was always unhappy that our maple tree would drop leave in the fall and blow into his yard (no branches within 15 feet of his yard).

I suspect that all trimming/pruning will do is reduce the amount of leaves a small amount 0 but as the tree continues to grow UP - there will be more leaves.
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Jonezez
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Re: sharing cost of tree cutting

Post by Jonezez »

cfs wrote: Thu Dec 07, 2017 4:35 pm One of my neighbors complained about my whipping fig dumping leaves on his patio [note, he was very happy with the tree because it provided nice shade on his pile of junk next to my fence, his issue was with the leaves falling on his pile of junk]. He went to work and when he returned the whipping fig was gone, never to grow again . . . that took care of the leaves issue . . . and the nice shade too. Wishing YOU and YOUR family a Merry Christmas, and thanks for reading.
Aarrghh.. sorry to hear :annoyed

I guess at least his pile of junk no longer had leaves on it but left it more exposed to damaging UV!
pshonore
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Re: sharing cost of tree cutting

Post by pshonore »

Here's how Larry Ellison (Oracle CEO) handled his tree problem a few years back

https://www.hollywoodreporter.com/news/ ... les-193984
Capsu78
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Re: sharing cost of tree cutting

Post by Capsu78 »

Mr. T also had a dispute with the neighbors in a famous Chicagoland story:

https://chicago.curbed.com/2011/6/22/10 ... w-massacre

It was said that when confronted, he said "I don't like no trees- Trees bring birds...and birds wake me up in the morning!"
livesoft
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Re: sharing cost of tree cutting

Post by livesoft »

So with no branch overhang, cutting branches does not seem to accomplish anything. Perhaps it would be better if your neighbor used his money to employ a local kid to clear his yard of the leaves from your tree every day as needed.
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Doom&Gloom
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Re: sharing cost of tree cutting

Post by Doom&Gloom »

Jonezez wrote: Thu Dec 07, 2017 4:30 pm
dm200 wrote: Thu Dec 07, 2017 4:11 pm
Jonezez wrote: Thu Dec 07, 2017 4:04 pm Hi Bogleheads:
My new neighbor has a swimming pool in their backyard near the border with my house. I have trees growing in my property but apparently, the leaves from my trees fall into his pool.
He is asking me to prune my trees that overhang into his yard and he will split the cost.
Prior neighbor never complained once.
I am willing to pay for 1/2 for the sake of good neighbor relations but, is it my responsibility and thus my expense to cut the tree branches from my yard that grow into his yard? Or is it that he can do whatever he wants with the branches of my tree that overhang on his side?
appreciate the insight
I believe this is a neighbor relations issue (had one of those myself) vs technicalities and legalities. Frankly, in my opinion, you are doing well with the 50/50 split. Do limbs and branches of your trees actually overhang his property?
That's the thing, the branches don't actually overhang so I suspect that trimming my tree will minimally improve his situation... tree + wind = blown leaves. Unless I cut my tree down to below my dividing wall, I think he is bound to get leaves in his tree. I think the trees are mutually beneficial from a privacy point of view so I doubt he would want me to cut the trees down completely.
Given this info, I would politely decline his offer.
Mike Scott
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Re: sharing cost of tree cutting

Post by Mike Scott »

Your neighbor needs a pool cover or skimmer.
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Pajamas
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Re: sharing cost of tree cutting

Post by Pajamas »

Jonezez wrote: Thu Dec 07, 2017 4:30 pm
That's the thing, the branches don't actually overhang so I suspect that trimming my tree will minimally improve his situation... tree + wind = blown leaves.
Then if you are doing reasonable routine lawn maintenance, he may be being unreasonable. I would consider simply telling him that you're sorry that they blow into his yard and that you will make an effort to keep the leaves picked up but that some leaves blowing around is inevitable and that they blow from his yard and from the other neighbors' yards into your yard and that you find it frustrating, as well.

Is his pool properly fenced in to local code? If not, he needs to do that. If so, he might consider changing the type of fencing around it if it is letting leaves through. He might also need to get a better cleaning system for his pool. If he is seriously upset about debris getting into it, he might consider a screened enclosure.
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Re: sharing cost of tree cutting

Post by abuss368 »

I would simply do the Boglehead thing which is low cost and rent a flame thrower.
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Re: sharing cost of tree cutting

Post by JW-Retired »

We follow the 100% neighbor safest way for tree trimming. We pay for any/all trimming or removal of my trees, and I only trim neighbors tree limbs back to my fence line. My tree trim guys never set foot on the neighbors ground. If a little something falls in their yard they hook it up over the fence.

Their tree trimming is on them. So far it's good tree relations between neighbors. :)
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Re: sharing cost of tree cutting

Post by abuss368 »

Yes. I have actually never played around with trees. Anytime a tree may have grown and I was concerned, we immediately trimmed it or removed it. Not a dollar or insurance thing, but rather a safety thing for any person.
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Re: sharing cost of tree cutting

Post by IMO »

Jonezez wrote: Thu Dec 07, 2017 4:04 pm Hi Bogleheads:

My new neighbor has a swimming pool in their backyard near the border with my house. I have trees growing in my property but apparently, the leaves from my trees fall into his pool.

He is asking me to prune my trees that overhang into his yard and he will split the cost.

Prior neighbor never complained once.

I am willing to pay for 1/2 for the sake of good neighbor relations but, is it my responsibility and thus my expense to cut the tree branches from my yard that grow into his yard? Or is it that he can do whatever he wants with the branches of my tree that overhang on his side?

appreciate the insight
I'm not sure the legalities of who should or shouldn't be responsible as many of the posts have discussed.

So lets say the issue wasn't a pool because many on this site don't have pools. Lets instead presume there's a wall separating your house with tree from neighbors house with his car parked in a "official" parking spot which is adjacent to your wall, but will your trees branches overhanging. Neighbor says he has an issue with tree/sap debris getting on his nice BMW from your overhanging tree branches.

Do you get into the legalities of who can cut what, whose responsibility it is for the debris/sap over your wall?
It's really not any different. Something of yours is causing issue/damage to someone else's property.

Use the car example and turn the whole thing around if it were your BMW.

My insight: Be a good neighbor. Take care of the tree trimming on your dime.

But your OP is more concerned about who's responsibility/expense is it. I wouldn't want a neighbor like that.
ddurrett896
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Re: sharing cost of tree cutting

Post by ddurrett896 »

Jonezez wrote: Thu Dec 07, 2017 4:04 pm He is asking me to prune my trees that overhang into his yard and he will split the cost.
I'm in the same situation as your neighbor and would never ask to split the cost of something that is my problem. Obviously, if you wanted the tree gone that's a different story, but the overhang is 100% on him.
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Re: sharing cost of tree cutting

Post by Lonestarz »

I wouldn’t ask to split the cost eaithe and you have no requirements to do so. Up to you if you want to be friendly or tell him ‘you don’t have the money budgeted this year but maybe next year’ type line

That being said, got a tree trimming quite a few weeks ago. First guy was $1,600. The offered $1,400. Then $1,000.

Second guy said $375.

If you’re splitting half of $375 - not a big deal. But I still would t really want to pay for it.
Chip
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Re: sharing cost of tree cutting

Post by Chip »

OP, in a later post you said that the tree doesn't really overhang his property, and trimming your tree really isn't going to significantly affect the amount of leaves getting in his pool.

If those are the facts I think your neighbor is being unreasonable and I don't think you should trim your tree, even if he pays for all of it. Unless of course you want to trim it.

You could start a new thread on "How do I break it gently to my neighbor that he's being unreasonable?" :twisted:
p0nyboy
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Re: sharing cost of tree cutting

Post by p0nyboy »

Typically when leaves fall off the tree that means the fall season is coming. Does your neighbor have a heated pool and does he keep it open until the winter months? Its leaves...they fall off trees...tough break for them. Same with people who are obsessed with raking leaves. People...its leaves...its not a big deal. Your yard will still look like a yard with or without leaves...get over it...they will shrivel up vanish after a few months.
livesoft
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Re: sharing cost of tree cutting

Post by livesoft »

I've taken care of my neighbor's pool while he was on vacation. He has trees overhanging his pool. It's practically a tropical paradise around his pool with all the plants. I had to remove leaves from 3 filter holders every day. Not a big deal. Everybody else in the neighborhood has a pool service that does this kind of thing.
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minesweep
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Re: sharing cost of tree cutting

Post by minesweep »

What species of trees do you have? How large are they? Properly pruning a tree is a good practice. I have several Japanese Red Maple trees that I grew from seedlings about 3 decades ago. I thin them out a little every year. The fact that you neighbor wants to split the costs on one of your trees might be a good thing (especially if it is needed anyway). Maintaining (or improving) relations with your neighbor is an added plus.

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barnaclebob
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Re: sharing cost of tree cutting

Post by barnaclebob »

If you like the tree and trimming it wont fix the problem nicely tell him to pound sand. I'm sure the tree and the pool were there when he bought the house. The only exception to this would be if you think you'll need him to do something neighborly for you that he isn't legally required to do.
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steadyeddy
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Re: sharing cost of tree cutting

Post by steadyeddy »

If the tree is anywhere near due for a trim, by all means take the opportunity to do it as a discount! When the trimming inevitably fails to solve the leaves-in-pool problem, at least you can say you tried. You get a cheap tree trim and a happy neighbor. What’s not to like?
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dm200
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Re: sharing cost of tree cutting

Post by dm200 »

If you are not already doing so - I would make sure to rake loose leaves from your yard regularly and keep the tree(s) reasonably trimmed/pruned. Since there are no overhanging branches or limbs - and your tree(s) are maintained - the leaves in his pool are his problem.
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