That neighbors pesky tree.

RogueJeepr

Here!
Location
Utah
How many of you have had neighbors pesky tree shedding its leaves all over your back/front yard ???
Usually I wouldn't mind a tree shading my backyard most of the day but...... the leaves are out of control, making my grass spotty.
Also here we have the southern winds and im afraid this gigantic tree may fall on my house or worse the shop.
When we moved in I talked with him about this and we did have a few big branches hanging over the fence cut, he didn't want anymore cut cause he planted this and it was his baby [emoji34] .

Practically half the tree is hanging over not just my fence but 2 others as well and it is tall , at least 15-20' over my house.
What can be done legally without starting a war between neighbors ?

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smartass_kid

Well-Known Member
if it is causing damage to you property or potential damage (danger of limb falling onto structures) i believe you are allowed to trim or force him to trim.

i would definitely talk it out with him again to see if he can trim it enough where you feel comfortable with it. if not, you need to check with the city inspector and let him start the paperwork process to get him to cut it.
 

jeeper

I live my life 1 dumpster at a time
Location
So Jo, Ut
It's illegal for it to cross your property line. That is encroachment. It's within your rights to remove what's over your side.
However, you were more concerned about the relationship side of things.. and I don't have an answer for you on that. I'm a bad example. My last neighbor and I would fight in the streets.
 

Kiel

Formerly WJ ZUK
We are both sides of the story. We have our south neighbor with 2 huge pine trees right up against our fence. They are probably 35 feet. He wanted to cut germ down and I asked him not to. I don't want to look at his house out my back window. The cones and needles and dead grass our the better end of that deal. On the other side we have a nosey neighbor who is an older lady who I have helped on numerous occasions complain last fall that my leaves were blowing across the street and she had to use her garbage bags to clean them up. I generally rake and bag them every 2 days for a couple of weeks. I happily gave her a roll of garbage bags to her dismay and I haven't had to help her since then. Anything on your side of the property line is fair game.
 

Bart

Registered User
Location
Arm Utah
I don't have a tree in the back yard, but the neighbors both have trees and fill my yard and pool with leaves and apricots. It is really a nuisance. I cut down branches quite regularly, but don't throw them over the fence.
 

gatchmo5710

Active Member
rent an off road fork lift. drop a plum bob from the highest branch to your property line. hack anything on your side. enjoy the ugliest tree in the neighborhood.
 

kmboren

Recovering XJ owner anonymous
Location
Southern Utah
So I have a question. What about those trees and bushes that hang over into the side walk or are really low on the sidewalk. Is there anything we can do about that? I hate walking on sidewalks and having to duck or go around becasue of those trees or bushes.
 

DaveB

Long Jeep Fan
Location
Holladay, Utah
I have a very old large walnut tree in my yard that the neighbors wanted trimmed back. We went and looked up some legal web sites to see what the Utah rules are concerning this and found this:

If branches hang over my yard, can I trim them?

In general, yes. Property rights extend up into the sky and down into the earth. If a tree branch crosses into that space, you may prune it to prevent the encroachment. But be careful that your pruning does not injure or kill the tree, or else your neighbor may seek monetary damages from you. Avoid such pruning when fruit is growing on the tree.

What if someone cuts down or kills my tree?

In Utah, if a person cuts down or injures a tree, he can be held liable for three times the value of the tree. (Utah Code § 78B-6-1002.) It may cost between $30 and $3,000 to replace a common tree. Large, special trees may be worth $30,000 or more.

On the subject of side walks:

Can the city and/or utility company trim my trees?

Yes. If a tree on your property interferes with safety or reliability of utility service, the utility company can trim or remove the tree. Likewise, if you have a tree which threatens public safety, the city can trim your tree and bill you for the expense. Be careful of trees that obstruct drivers' vision of road signs or other vehicles. Such trees may violate city ordinances, and the tree owner may be sued if the obstruction causes an accident.
 
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gijohn40

too poor to wheel... :(
Location
Layton, Utah
So I have a question. What about those trees and bushes that hang over into the side walk or are really low on the sidewalk. Is there anything we can do about that? I hate walking on sidewalks and having to duck or go around becasue of those trees or bushes.

Trees over a sidewalk have to be cut to a height of 7'4" and over a road they have to be cut to 15' well at least in Layton... there is an enforcement officer that goes around writing warning tickets and 2 weeks later if you didn't cut the tree he will write you an actual ticket.... Check with your local city enforcement officer.
 

N-Smooth

Smooth Gang Founding Member
Location
UT
I suffer from the same tall person problems...

So I have a question. What about those trees and bushes that hang over into the side walk or are really low on the sidewalk. Is there anything we can do about that? I hate walking on sidewalks and having to duck or go around becasue of those trees or bushes.
 

Thursty

Well-Known Member
Location
Green River
Get in touch with your local Law Enforcement authority. Most larger areas have a code enforcement division that handles these types of things.
 
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