Hi guys,haven't posted for a long time but here goes. My client has a 60' Southern Pine.They have had the limbs on one side trimmed back twice to please there tree hating neighbor.He has told them that he will have someone come and cut back to the trunk the remainder of the limbs over his side.
I know that this will can cuase failure in a wind storm but I am not sure of the proper and scientific way to put this in writing. Can you help? Also can you site any case law involving a neighbor trimming a tree back aaaand causing death and or failure? Thanks Bill Camper

Reply to post by Bill, on May 12, 2002 at 09:40:17:

Whether such trimming might pre-dispose or directly cause failure under windload depends on a lot of factors. It might or might not be possible to predict such a failure or increased risk of failure.

While not widely known there is quite a bit of scientific literature on trees and windload. My tree-wind bibliography was published in JoA Jan 2002. It's on-line on the ISA web site.

Reply to post by Scott Cullen, on May 12, 2002 at 09:40:17:

Stripping one side of a tree does predispose to sunscald and decay and rust and... Is this a loblolly pine? Age?

In Arboriculture and the Law and elsewhere it's said a tree can not be cut in such a way as to endanger its overall health. Neighbor is definitely not entitled to cut anything no over their airspace, and can be discouraged from damaging the tree by overpruning by perhaps seeing an appraisal of its worth and being notified that action will be taken if they trespass. Just a thought.

Reply to post by Bill, on May 12, 2002 at 09:40:17:

If the neighbor reaches over the property line to cut these limbs, they will be trespassing. A real no-no. My book, Tree Law Cases in the USA, has quite a few similar cases in it.

Lew