[legal] Want to remove tree with lanky-limb that goes over-fence into neighboring yard, w/ uncooperative neighbor...can I cut&chuck to their yard?

[eyehearttrees]

I'm tasked w/ a removal tomorrow and, when going-over some last minute details with client just now, was told "The neighbor can be a jerk but he should let you into his backyard", lol if I cannot get into that backyard to polesaw the 2 limbs that are over the neighbor's grass (or if I cannot simply cut them & let them land on his grass, whether or not I'm allowed to go pick them up), if I can't bring them to the ground in his yard it will require a crane, there's simply no overhead anchors I have enough rope there's just nowhere to put it for this, those 2 lil lightweight Jacaranda limbs need to be landed on his lawn if I'm to remove the tree...

At the same time the neighbor will surely see my shirt (company name / facebook) and the last thing i need is someone making out as-if I dumped on their property, or didn't clean-up what I should've, etc.....or, if this person is crazy enough, trying to call the police saying I'm dropping branches into his yard (have had the town show up to a job once, never police, thankfully God people can be crazy!!)

Thanks, have never had an uncooperative neighbor issue that seems as bad as this is gonna be, the client is a new-client's sister and is the opposite of helpful but it helps me to make this job go right (and I think my price was quite fair to myself, this time ;D )

 

[Dan Cobb]

If they're lightweight limbs and you can reach them to cut without going onto the neighbor's property, it seems like you could get a rope on them so you can pull them over to the client's property after they land and avoid physically stepping on the neighbor's property.

If that's unworkable, and since you didn't underbid the job, I might offer the neighbor a few dollars for the "inconvenience" of retrieving the limbs. Could be money well spent. I'd take before and after pics of the drop zone in case he wants to fabricate damages.

 

[ATH]

I walk away from "neighborly disputes". I'm too busy to put up with that. However, I find that knocking on the door and having a calm pleasant conversation and politely asking for permission shows people not as crazy as they are labeled by a neighbor.

Like @Dan Cobb suggested, $$$ may calm some nerves as well. But I'd only do that if there is actually a "cost" to them. If they are so stuck up to say 'you can't step foot on my property' I'd walk.

 

[Jonny]

Have you talked to the neighbor yourself yet? They might be happy to see the tree gone.

I’d love to see a pic of this tree.

 

[27RMT0N]

Really these are matters that should be accounted for long before even sending a bid, as access to a tree is a critical part of figuring out how the job will be done and what it should cost. Since it's too late for that now, all you can really do is knock on the door, be polite and hope for the best. And as Dan mentioned, take some before/after photos for your own records.

 

[treegongfu]

"Can I come on your property to clean up any branches that fall on your property?" is one of my favorite questions to ask.

I hope they say "No" but it's always "Yes".

 

[evo]

Don’t step foot on their property without permission.. figure some way to rig those limbs or get written permission.
ALWAYS make the quote contingent on written permission from the neighbor. This leaves you with three options, change the price for the complexity, walk from the job, or do the job as planned with written permission.
anything else is walking into someone else’s mess and the client who tries to do that will turn around and sue you, when they get sued from their neighbor

 

[eyehearttrees]

Thanks a ton everyone, appreciate the insights!!

Will snap pics, it's nothing special it's a lanky Jacaranda, the limbs over the neighbor's yard of such little consequence that they're just enough concern that I'd break the wooden fence otherwise I'd be roping them down myself....these branches are just too thin for me to spur more than 50% of the way, not close-enough to get a rope somewhere that will allow the ends to clear the fencing :/

To be clear though I do not expect a war tomorrow, I'm good at building rapport w/ strangers (and also good w/ frank bribery where appropriate) but just disliked that I didn't know how to answer this question....like, if my neighbor wants to remove her massive Laurel Oak, but one limb goes onto my generic half-weeds front lawn and I want to be a problem for her, can I say "Sorry but you'd better get a crane, as I'm not OK with one ounce of your property touching mine" I just don't know whether or not this is an area anyone has ever heard of, like where the buck would stop (for instance if I'm bothered by said Laurel Oak limb, I can remove it - to the property-line.....I guess I don't feel like I'm being wronged in any legal sense if, wanting to remove her Laurel Oak, if my neighbor said "Look I'm having that branch & whole tree cut, if you would like I will come-over and collect the fallen limb, otherwise I will leave it for you, if you've got a problem you are welcome to sue me", I imagine the neighbor's only recourse is civil not legal, right? IE, with clear-notice of what's happening, it's no longer 'dumping'/vandalism, it'd be a property-rights dispute, right?

 

[evo]

You are on the hook for any perceived damage that might occur on any property you don’t have permission for. Also you cannot work in the airspace nor step foot on their property without permission..

 

[Jonny]

But have you actually spoken with this neighbor yet?

It’s possible your client is the asshole in this feud between them. The neighbor might be a friendly and reasonable person. It happens. Or both are assholes or sweeties. Or neither and they’ve just gotten off on the wrong foot.
I’ve knocked on doors expecting an asshole monster and spoken with friendly sweethearts instead.

 

[eyehearttrees]

You are on the hook for any perceived damage that might occur on any property you don’t have permission for. Also you cannot work in the airspace nor step foot on their property without permission..

WOW I am lucky they did not know that!!! Man I forgot to update this...will find pics to include here...but yeah I was 100% all over that airspace!! My client's tree, its trunk began in her yard but the splitting to limbs was basically on&past the fence, so it was basically just 'use a zipline into the yard', cut & chuck-into the yard, etc stuff!

Their feud turned-out to be more intense than I was initially led to believe. Did not finish the job or ever return. It is a Jacardanda, time of year helped but wouldn't have killed it, it can re-grow from a stump, anyway I bailed on it (initial contract never had "you cannot access other yard" and, while not written, I had mentioned how I would be dropping pieces that way and she just kept mum at that point, wasn't til right before that I learned of the dispute... this was a 2-tree job, there was a large Oak in the front that was failing & was squarely hers, so that all went off w/o a hitch!)

Pics from it
before touching it:

taking larger sections into the yard before too-far over fence:

grapplin' around so I didn't have to come-down and shoot another line (yes I shoot lines for almost everything, I hate throwing)

Setting up zips:

zip!

side-view:


So yeah it was bailed on, it will basically be a 'crape myrtle dead-headed' type tree (will actually be kinda cool, would do that to a Jaca if it were in my yard!), but w/o written clearance from the neighbor I'd never go over/near a property line again, am glad I posted & learned (thanks again @evo for the airspace thing, it makes sense now that I think of it that way I just...didn't really think -- didn't realize it was a feud, wasn't told *anything* at 1st & was subsequently deceived into it being a less-severe conflict than it was, am glad I got out unscathed!!)

 

[Boomslang]

Also never hurts to try and grease the wheels so to speak. We have a stack of restaurant or coffee shop gift cards on hand for such situations. We've approached supposedly "difficult" neighbours about using their driveway or rigging in to their yard and after getting approval the neighbour usually finds themselves with a free meal out of it. The $xx it costs us for a gift card is more than made up by the time saved being able to use their property.

We had an interesting one last year though. Customer was paying to have neighbour's tree removed (dead elm), neighbour comes out and says he'd like to keep the firewood (saving us a whole lot of material handling), customer comes out later and says since they're paying for it they want everything removed (apparently they don't like the smoke from neighbour's firepit). We ended up leaving half the wood and just told the neighbour not to say anything.

 

[Tuebor]

Put some pants on and wear something more protective than slippers. And what's the deal with the blood dripping down your leg?

 

[Njdelaney]

Put some pants on and wear something more protective than slippers. And what's the deal with the blood dripping down your leg?

I knew if I held off for an hour someone else would say it hahahaha

 

[islandarb]

I often have to swing stuff back into yard to avoid messing with neighbours. That tree looks like one of those scenarios. Damn what's with the daisy dukes?

 

[flushcut]

I walk away from boarder wars. I’ll also talk with both parties and get them to sign off. I just don’t need somebody else’s drama in my work life.

 

[evo]

Also never hurts to try and grease the wheels so to speak. We have a stack of restaurant or coffee shop gift cards on hand for such situations. We've approached supposedly "difficult" neighbours about using their driveway or rigging in to their yard and after getting approval the neighbour usually finds themselves with a free meal out of it. The $xx it costs us for a gift card is more than made up by the time saved being able to use their property.

We had an interesting one last year though. Customer was paying to have neighbour's tree removed (dead elm), neighbour comes out and says he'd like to keep the firewood (saving us a whole lot of material handling), customer comes out later and says since they're paying for it they want everything removed (apparently they don't like the smoke from neighbour's firepit). We ended up leaving half the wood and just told the neighbour not to say anything.

load the truck, drive around the block and deliver