Tree-trimming (by otterhere [KY]) Sep 25, 2015 12:18 PM|
Tree-trimming (by myob [GA]) Sep 25, 2015 1:30 PM
Tree-trimming (by otterhere [KY]) Sep 25, 2015 1:31 PM
Tree-trimming (by otterhere [KY]) Sep 25, 2015 1:37 PM
Tree-trimming (by myob [GA]) Sep 25, 2015 1:52 PM
Tree-trimming (by otterhere [KY]) Sep 25, 2015 1:54 PM
Tree-trimming (by Mike45 [NV]) Sep 25, 2015 3:24 PM
Tree-trimming (by Brian [CA]) Sep 25, 2015 3:34 PM
Tree-trimming (by otterhere [KY]) Sep 26, 2015 4:31 AM
Tree-trimming (by Nicole [PA]) Sep 26, 2015 6:10 AM
Tree-trimming (by myob [GA]) Sep 26, 2015 7:19 AM
Tree-trimming (by John... [MI]) Sep 26, 2015 9:47 AM
Tree-trimming (by Gail [MO]) Sep 26, 2015 6:20 PM
Tree-trimming (by Rocking Bear [FL]) Sep 27, 2015 11:08 PM
Tree-trimming (by otterhere [KY]) Posted on: Sep 25, 2015 12:18 PM
State Specific Question About: KENTUCKY (KY)
When branches overhang the property line (in this case, a privacy fence), whose right and/or responsibility is it to trim branches according to Kentucky law, or are there specific city ordinances? We're talking major branches here, as it's growing virtually right beside the fence. Thanks in advance. --162.114.x.xxx
Tree-trimming (by myob [GA]) Posted on: Sep 25, 2015 1:30 PM
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.
Tree-trimming (by otterhere [KY]) Posted on: Sep 25, 2015 1:31 PM
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...
Tree-trimming (by otterhere [KY]) Posted on: Sep 25, 2015 1:37 PM
Also, looks like the house is empty; will have to track down the owner. --162.114.x.xxx
Tree-trimming (by myob [GA]) Posted on: Sep 25, 2015 1:52 PM
find owner from tax records-- always send to property address in question. along with tax record owner. --74.184.xxx.xx
Tree-trimming (by otterhere [KY]) Posted on: Sep 25, 2015 1:54 PM
Will do. Any idea who the law says is responsible for the job/expense? I'd like to know how to word the letter and/or what, exactly, to propose in it. --162.114.x.xxx
Tree-trimming (by Mike45 [NV]) Posted on: Sep 25, 2015 3:24 PM
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.
Tree-trimming (by Brian [CA]) Posted on: Sep 25, 2015 3:34 PM
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.
On a completely different topic, Boracare is an excellent wood preservative. It penetrates deep and is attracted to moisture. --107.207.xxx.xxx
Tree-trimming (by otterhere [KY]) Posted on: Sep 26, 2015 4:31 AM
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.
Tree-trimming (by Nicole [PA]) Posted on: Sep 26, 2015 6:10 AM
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 dislike problems and I often don't care "what is right" ... I just take care of it. Several years ago I replaced the rain spout on a neighbor's garage because it was beyond repair and was draining onto my property. Cost me less than $100 and it was done ... rather than letters and worrying who was right and who was wrong.... clearly they had no intention of taking care of it. --72.70.xxx.xxx
Tree-trimming (by myob [GA]) Posted on: Sep 26, 2015 7:19 AM
as with any notice you have to give them a chance to cure. Cure in this case should be 7 days. Then do your thing. --74.184.xxx.xx
Tree-trimming (by John... [MI]) Posted on: Sep 26, 2015 9:47 AM
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.
Tree-trimming (by Gail [MO]) Posted on: Sep 26, 2015 6:20 PM
I can't tell you anything about the laws in your state, but I can tell you that in Missouri, the limbs are the responsibility of the person who owns the ground below. I am the secretary for the local Masonic lodge, and a large elm on the corner of our property dropped a limb on a neighbors garage. He first had a friend type a letter and mailed it to us saying that we should repair his roof. Then, when that didn't work, he took us to small claims court. Believe it or not, in court, we learned that the person doing the talking was his insurance agent. Looked like the cheap basta#d wanted us to pay for the damages so his insurance company wouldn't have to. The insurance against even got up in court and argued the case for the guy. But, alas, the judge ruled in our favor, saying that once the limbs were over his property, they became his responsibility. --72.161.x.x
Tree-trimming (by Rocking Bear [FL]) Posted on: Sep 27, 2015 11:08 PM
Ask local code enforcement person or go to the city website and check/ask!! --71.1.xx.xx