Quote:
Originally Posted by Canada 02
somehow I doubt home owners own the air space over their property. It seems excessive to have to cut down trees or branches that are not contacting your neighbors home, or in danger of causing damage to the home. Also, if the branch is significantly out of arms reach, it shouldn't need to be cut down either.
This is just my opinion, based on the bylaws governing trees that extend over city property, streets or sidewalks
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Way back in school I remember learning about land rights. I should probably know this already but there was something my prof referred to as the "heaven to hell" concept and alluded to mineral vs. surface title. We'll see how good my poor man's memory is but I recall surface ownership including the air rights... I will see if I can find specifics tomorrow in my old binder, I very well might be out to lunch here as I don't really deal with surface rights ever. But I think you might have a right to the "air" space in theory...
As to the OP, I had a similar situation with my neighbour who seems like he is older than dirt. Who asked me 2 or 3 times last summer to take out some plants bordering his property, reason providing that the roots were going to damage his pipes. Eventually I complied after about the 3rd request.
These were weeds. I wasn't really sure either way, I wasn't really thrilled to do the work, I wasn't too excited or happy to do any of it (in fact I got my bro to help cut them down haha).
He didn't offer to pay, help, do anything. He just demanded I did it, but he was decent enough in asking, and he's a couple days from his death bed. So I just did it and spent a bunch of time cutting everything down and taking it to the dump, etc etc. It took time and money.
My point, more or less, and I'm not saying this to be a jackass and I don't think any worse of you at all and 100% understand where you are coming from- but my point is that sometimes it's just good to do nice things for people even if it's outside of your normal courtesy limits. Particularly for an elder gentleman. If $500 makes or breaks you, no worries I get it. But at the same time, it might not kill you to just do it for the guy. I'm honestly not judging, just sayin.