State Specific Question About: KENTUCKY (KY)

I think the first step would be to send a certified letter return receipt that the branches are over hanging, large and may be a danger to persons or property. Please trim them back or have removed. I'm only mentioning this because if something happens you now have recourse-- since you have notified the owner of the potential for injury or damage from limbs.

If no action trim what's in your yard and no more. What is a danger to you trim.

I heard something about possibly being liable if trimming kills the tree and you don't have the owner's express permission to do so. Also, I don't want to pay for it...

I would worry that if you point out the problem to the owner of the tree, as myob suggests, instead of opening the owner of the tree up to liability, maybe you are simply announcing to the future judge: Hey, Judge, I knew of the problem, I had the legal right to take care of it, and I decided not to do it.

Does a letter to the owner of the tree really help you? Under KY law, do you need to show that the owner of the tree had ACTUAL knowledge that the tree had grown out over your property? Isn't that knowledge something that is obvious to anyone looking at the property, and therefore isn't the owner of the tree legally charged with the knowledge even if he wants to say "I didn't know"?

I do not know the answer, I am just not sure that sending a letter to the owner of the tree is the right way to go.

try this: "Your tree isn't looking very good. I predict that if it doesn't get pruned soon it will probably die within a few months"

It's probably better if the tree dies without them knowing that it bothers you.

Some might not agree with me on this topic, but if you want a 60 foot tree that will drop lots of leaves and seed balls and has invasive roots, don't plant it 3 feet from my property line.

So what do I do; is there a Kentucky concensus here? Want to at least cut off the "e" from the tree to my attic re: varmints before winter sets in.

I don't have tree issues because I take care of them. I trim my own trees so they don't encroach on the neighbor's property. I have my guy clean out the neighbors spouts when he does mine since it's my tree on his side of the house clogging up his spouts.

when a neighbor's tree comes on my side, I find the neighbor and tell them I'm having the tree cut back on my side ... do they want it cut back an extra foot or two on theirs? price difference is minimal.

I agree with Mike45. Until you know the law for your state, all of this advice from others about contacting the owner of the tree is legally questionable, at best!

Do continue to figure out the law for this in your state before taking action. It should be a common question among everyone (non-landlords alike), so it might be easier to find the answer elsewhere unless we happen to have a KY LL here that has looked it up already.

- John...