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Had my neighbor come up to me last week to inform me he would like to take out 2 trees. 1 tree the trunk is completely on his property, the other isn’t. No problem, we’ll because the tree is half yours you are going to have to pay half of the total removal. 1500.00, No. You inititiated the job and under Nebraska law he was liable for all costs. He wouldn’t listen to me when I said he could prune the tree but not kill it since it was a viable healthy tree. Boom gets in my face and tells me that the tree is coming out whether I liked it or not and couldn’t stop him as I had no rights since I wouldn’t pay half. Boom, told the tree service it was half mine and they couldn’t kill it or alter any of my land with stump grinding or backfill. Boom.
So what does the idiot do, cancels the removal of his tree since he couldn’t kill the other one too. Pointed this out to him and informed him that his tree was unsafe. And has been getting worse over the last 3 years

[Linked Image from i.postimg.cc]

Yes that’s a 12 foot crack in the crotch with light showing through it 2 25 to 30 foot limbs going left with one directly over his house and one over my garage. 1 other 30 foot limb going directly over his house and garage and 2 more 20+ foot limbs to the right of the crotch. Can’t kill a live tree so he just says fugg it and leaves this up. Oh well sent the pics to my insurance agent for his records. My neighbor is in for a financial shock not if but when that limb comes down on my shed and garage.



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Sounds like a bad neighbor


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Why can’t a live tree get killed? Some sort of ordinance?

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Damn,
I was guessing you brought in a fleet of pit bulls or something.


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Another good reason to avoid close neighbors if there's any way possible.. My nearest one is 1/4 mile away, on the other side of the road, and surrounded by dense trees to the point I can't see a thing other than leaves.. laugh

In the OP's case, I hope the half over the dickhead's garage is the one that falls... laugh


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Maybe negotiate the cost if the limb goes over your property. Seems stupid arguing over something with the potential to cause you harm even on a good day.

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Can't kill a live tree? I don't understand. Can you explain?

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I had a similar issue with my neighbor in CA. The guy was a psycho who couldn't deal with leaves or any branches on his lawn, so he was always hacking at any limb that came over his property lines. He had his tree service butcher every limb of a a huge pepper tree that was on my property that poked over to his side. I talked to the tree guy and reminded him that under CA law, if he follows the neighbor's orders and kills my tree through over-aggressive pruning, he'd have to pay damages to me.

That stopped the problem right there...no tree guy was willing to take the risk after that.

It's like a similar situation in Nebraska.


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After the winter we had with 2 large oak branches coming down on my house and 30ft top of a cedar breaking and falling across my roof I say take it out now since it will be a lot less aggravation to deal with later on. Having trees close to my house is nothing but a pain in the ass no matter how much shade they provide their not worth it.

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I've got a neighbor, actually 2 - they're father and son. They went in halvsies on 20 acres and split it. They've been there for about 6 or so years, and still have no electricity in their hovels, so I get to listen to generators 24/7/365. They also lived there without septic systems for about 5 of those years and have been dumping their shidt who knows where.

I've met the dad a couple of times, but never the 30-ish year old son. The closest we ever got to meeting was when he followed his girlfriend up our driveway, (we're the closest neighbor) where they proceeded to argue and holler for a 10 minutes or so until our dog finally started barking and they came to their senses.

If I had the money to do it, I'd buy a huge chunk of land and build in the middle, far away from squatters like these.

OP, I hope you get this tree thing sorted out with your neighbor before that bad one comes down on your building.


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His insurance won’t pay a dime

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Originally Posted by stuvwxyz
Can't kill a live tree? I don't understand. Can you explain?



Short dirty answer.

d) Trees on the boundary
If a tree appears to be growing right on the boundary, it legally belongs to the owner of the land where it was first sown or planted. Where this is not known, the tree is normally regarded as being jointly owned by the adjoining landholders. In such cases, there is no right to cut the trunk at the boundary, because this would kill the tree and destroy the adjoining owner’s interest in it. Both owners will have to agree on how to deal with it.

The laws vary among states, counties and cities, so it is important to consult with your local departments about your rights and obligations of boundary trees. Generally, if any part of the trunk is on both yours and your neighbor’s property, the tree owner is both of you. It is considered the common property of both homeowners, and neither owner can damage or destroy the tree without the neighbor’s consent to do so.

You are allowed to maintain your property not only to the lot line but also under the ground and the sky above it. Trimming is only legal to the property line and is the responsibility of the party doing the trimming, says Clinton. “Absent clear danger, neither party can trespass on the other’s property to trim a tree. If a tree is damaged or destroyed by a neighbor, it is the responsibility of the person causing the damage — conceivably in dollar damages.”



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How can you own half a tree? Is it planted right over the property line? YOUR insurance pays if the neighbor's tree falls on your house. That is how it is here. I suppose that legally that you could cut the portion that hangs over your property, but not the whole tree if the stump is on their property.


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Originally Posted by JohnnyLoco
His insurance won’t pay a dime


Don’t fugging bet on that.

In most American states, if your tree or any part of it falls on your neighbors' property and causes damage to their property through no fault of your own (due to a snow storm, winds, hurricane, or other so-called “act of God”), you are not responsible. Your neighbors will have to file a claim with their own property insurer if they want to be reimbursed for their loss.

This will likely come as a surprise to your neighbors! But the key distinction to remember is that you weren't actually at fault.

If, however, the tree that you own, or a branch from it, fell as a result of your negligence (for example, an overhanging branch had been dead for years and your neighbors had been complaining about it for nearly as long but you neglected to have it cut down), you are legally liable.



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Originally Posted by stuvwxyz
Can't kill a live tree? I don't understand. Can you explain?



I can't, but it's even harder to kill a dead one.



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Only a dumbass buys a house with neighbors close enough to need worry about his trees falling on their garage/house.

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4 houses border my lot. 3 of the houses have 6 dogs total. All schit in my yard. I decided I've been defeated and I'm building a fence. Contacted all three homeowners about the fence and splitting material cost. All said "no thanks, I don't really want a fence."

Lazy azzholes are in for a shock when their dogs start schitting back in their yards again...

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They probably won't even notice......



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Originally Posted by dogcatcher223
4 houses border my lot. 3 of the houses have 6 dogs total. All schit in my yard. I decided I've been defeated and I'm building a fence. Contacted all three homeowners about the fence and splitting material cost. All said "no thanks, I don't really want a fence."

Lazy azzholes are in for a shock when their dogs start schitting back in their yards again...


Yep bud I had that problem but go it cured real quick. Called the sheriff reported that the dog came on the property snarled, growled and bearing his teeth aggressively and that if it happened again I was going to shoot the dog as dangerous which I can legally do. He talked to the owner and I haven’t seen that dog off a leash since.



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