Hello all..

We recently moved into a house, and the neighboring trees are quite a problem.
There is a pool, ajacent to the property wall, and the prevaing breezes seem to
be working against me as well. One with silky flower puffs, and bean like things,
a small Birch with LOADS of tiny seeds that clog my pool pump filter, but the real big
one is a 20' Crepe Myrtle, who's flower ouput is simply astonishing. It has been growing
noticably since last year. Some days I have emptyed the pool skimmer basket 3 times in a
day, with pounds of sodden flowers.

Anyway, my questions are, how much case do I have for considering leaves, flowers, seeds,
as being a true nuiscence rather than an inconvienence? Actual damage to my pool equipment,
or just the potiental for it?

A fair amount of the Crepe Myrtle is across my property line now. The neighbor has been reluctant
in the past, and today rather hostile on the subject of possibly removing the Crepe Myrtle.
He has said I'm free to cut anything on my side.
Who should pay for that? We are in So CA, does that Patel case apply here? Where do I find
it to read?

We have a common property tree that is being pruned tomorrow, I will have the tree people cut
the branches of the Crepe Myrtle on my side (if I can) which might be better than if I do it,
and the tree dies. It would take about a third of the tree.

Where do I go to find out more info on these kinds of issues?

Reply to post by Jon Pike, on August 27, 2001 at 02:18:34:

Jon,

Of course for a definitive answer, you need a lawyer. Even though there is a lot of legal experience on this site, we are merely arborists. The first case in my book, "Tree Law Cases in the USA" is the Patel case in the chapter on border line/property line trees, but my book does not cite the entire case, only a synopsis. As I understand the law, you have every right to cut up to the property line, so long as you do not cause the tree to die or topple over. The problems you are having are probably only nuisances, notinvonveniences.

If you want more info on the book go to my web site at www.lewbloch.com

lew

Reply to post by lew bloch, on August 27, 2001 at 02:18:34:

Well, got the arborist who was doing the Coral tree trim to trim a few
other things in the yard, including the property line trees. He was
a good, reasonable guy, did a good job for not a lot of money. He wanted
to get the neighbor's knowlege and approval before going ahead, since he
was already getting flack and micromangagement on how to do his job, how he
needed to cut the tree branches 5-6 feet shorter, and upon being told the arborist
wouldnt do it because it might harm the tree, told him "what's the matter, don't want to
do any work??"

Typical to the style of this guy. And he dosen't even live there, most of the time! He's
been gone for most of a year, back for a month or two now.. I was wondering he owns the
house, or his daughter and husband, who have been living there.

Anyway, after our hostile talk the day before, where he flatly refused to do anything, made
demands to remove an antenna, before the tree would go anywhere, (first antenna complaint),
ridiculed the look of things at my house, etc..
the punchline to all this is:

I find out from the arborist, HE'S ALREADY SOLD THE HOUSE...

Sigh.. All that screwing with us, so he can get it in, and run away..

Well.. we'll be getting new neighbors, that's the bright side.

The arborist was happy to "have me to balance out that other guy". I was glad
to give him some more work to do while he was out on the call. Apparently my
neighbor talked him down to nearly half price on the job, "to match another offer"
I'll bet.

Anyway, that's our saga.. The Crepe Myrtle is somewhat smaller, and we'll see how
it goes, both with the flowers, and the new neighbors.

Reply to post by Jon Pike, on August 27, 2001 at 18:00:36:

There are a number of plastic fencing products out there that are very discreat. You could set one op near the lotline so that it catches the debris.

All of us in the industry have heard from neighbors how the trees leaves never land in the owners yard .

Reply to post by JPS, on August 28, 2001 at 21:24:26:

Well, I know that not all fall on my side, things would be even worse then!
There does seem to be a prevailing breeze, unfortunatly towards us, and those
Crepe Myrtle flowers and the Birch seeds travel well on it.

I have thought of putting up some kind of awning, it would need to be on the
order of 15' x 25' to cover the pool. Probably not going to happen.

The trees have nearly shut down, for now. (finally!) So, I have till Spring to
worry about things again.

Final punchline, no sign of moving. The neighbor may have said that to push
the "match my other half-price offer I have, or no job" that he gave the Arborist.