Neighbor tree with dangerous branch

fhudo

fhudo

Location
Chapel Hill
I have a customer whose neighbor has a tree with a branch that has snapped and is only held by vine. If the branch falls it will take out a play structure (my clients). The neighbor is out of town and known to be difficult.

My client has asked me to free the branch safely, from the ground, using my pole saw. I am nervous about the legal implications. This is in the state of North Carolina. Am I correct to walk away from this job given no permission from the neighbor has been given?


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If it is hanging over your client's property and poses a danger (it clearly does, if it falls while kids are using the play structure) then I'd cut it off and leave a note on the neighbor's door explaining why you removed it, and some contact info.

I seriously doubt if the neighbor will think a dangling limb and potential lawsuit are more desirable than no dangling limb.
 
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In mn we can cut back to property line without trespassing (including aerially) and only if we do not do undo harm (poor cuts one siding etc). Flip side is if tree owner is notified and does nothing they become liable. Almost 100% on that. Your law is likely different
 
Like JD said, take pictures. If the broken limb is hanging over your client's yard and if freed will fall directly into your client's yard and you can accomplish that from your client's yard, I don't see trespass as an issue.
 
I do agree with others that you are likely OK to alleviate the hazard without accessing the neighbor's property. However, I tell folks I am not interested in being in the middle of a neighborly fight, so I want permission even though it is not required.

In this circumstance, I'd take lots of pictures and safely get the limb down. If the neighbor has a problem with that, probably not somebody who is ever going to be satisfied...I don't get too worried if somebody like that doesn't like me.
 
I'm next door to you in Durham and would love to take my 20' Lightning Stik to it! But whose limb is it?
If it's over your client's property then there is no problem at all.
If the entire broken limb is over the neighbor's property then I'd hesitate. Maybe wait for the 'wind' to blow.
If it's held up by living grapevine then risk of failure may be very low.

I don't always mind being involved in neighbor difficulties. Arborist as Mediator, joining interests through the magic of trees, Questing for Kumbaya...
 
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