Quote:
Originally Posted by Daradon
There's plenty of reasons why a neighbor might want you to cut your tree if it's infringing on their property. Perhaps leaves, needles, or bark are clogging their cutters (it is taller than their house/garage. Perhaps they don't want to pick up the leaves/needles/pine cones on their yard. Perhaps it's blocking a view, or sunshine. As many people have mentioned maybe he is worried about damage should there be a storm or the tree gets sick.
Refusing to take care of your own tree sounds kinda irresponsible IMO. Sure it may be a nice tree and some people might like it, but some people just might not. As its on his yard at that point I think the responsible thing to do would be to accommodate his wishes or find a solution you both can agree on.
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I'll have to point-form this one.
- The law sees that needles, leaves, bark, cones, fruit, etc. will fall where they may from trees (however consistently in quantity and ground area for any given tree), and that they become the property and responsibility of whoever holds title to the surface they land upon.
- You don't own a view nor have a right to a corridor through which the rays of sunlight must be able to pass unimpeded.
- The care the tree owner is responsible for goes only as far as keeping the tree healthy and alive and preventing reasonably foreseeable (given the health of the tree) damage to adjacent properties and residents.
- The tree is not
on his yard, its limbs are
over his yard. As society has been presented with these situations over the decades and centuries, the law has adapted to a position that is reasonable for the parties involved, which sees that there is an important difference between the two.