Lets say I have an oak tree on my property. No discrepancy, it is well within my property line. Said oak tree has a limb that extends way out and is hanging onto neighbors power line (line that goes from the street to their house). This limb is at least 40-50 ft on their side of property
Who is responsible for the limb touching the power line?
Is it me, the tree owner?
Or, is it the neighbor with the limb on the power line
If the limb were to fall off or cause damage to the power line, you as tree owner could be held responsible. Your neighbor may trim the limb back to the property line without your permission if he considers it a nuisance. Same with the roots, if they were growing under a slab and causing damage, or were where he wanted to put a pool, he could have them cut back to the property line.
Here's reference: http://answers.uslegal.com/trees/17232/ and a quote from the same:
Property owners in every state have the right to cut off branches and roots that stray into their property, in most cases this is the only help that is provided by the law, even when damage from a tree is substantial. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree owner the chance to correct the problem. If the tree owner does nothing, the tree can still be trimmed. As a general rule, a property owner who trims an encroaching tree belonging to a neighbor can trim only up to the boundary line and must obtain permission to enter the tree owner's property, unless the limbs threaten to cause imminent and grave harm. Additionally, the property owner cannot cut the entire tree down and cannot destroy the structural integrity or the cosmetic symmetry and appeal of a tree by improper trimming. Local laws should be consulted for applicable requirements in your area.
Some more from the article I meant to quote:
Liability to an adjoining landowner for injuries resulting from the improper use of one's property has been founded upon the legal theory of nuisance. The encroachment of a tree on the land of an adjoining landowner causing damage could be held to be a nuisance and result in damages against the landowner on which the tree was located. A landowner is generally held to the duty of common prudence in maintaining trees on his or her property in such a way as to prevent injury to his or her neighbor's property. Encroaching trees and plants may be regarded as a nuisance when they cause actual harm or pose an imminent danger of actual harm to adjoining property. In such a case, the owner of the tree may be held responsible for harm caused by it, and may also be required to cut back the encroaching branches or roots, assuming the encroaching vegetation constitutes a nuisance. Real damage must be shown to result from the encroaching tree and leaves. Generally, however, in cases where trees belonging to one property owner fall on and damage or destroy adjacent property, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage. If the damage was solely the result of a thunderstorm or act of God, the tree owner will not be responsible, as the damage could not have been foreseen. If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, the owner may well be responsible for resulting damage when a storm causes the limb to fall. If, however, the tree was well maintained and a storm causes a tree limb to crash into a neighbor's roof, the tree owner is not responsible.
Won't FPL trim said tree away from lines? I know up north (not FL) the power companies would do this...
I take it you have discussed this with him previously? IMO it's not your fault where the tree grows, and he is perfectly within his right to trim the branch if he is worried about it. if he has filed a complaint with the town as G.O. pointed out I think he's got you by the short hairs.I believe you got 2 options friendly or not friendly,FRIENDLY: offer to work to cut and haul branch together or split cost of hiring some one, one cut it and the other haul it. NOT FRIENDLY: do nothing, cut the branch at your property line and leave it where it falls. but first HE should try and get the electric co to trim it cuz after all it's not gonna effect your electric. where I live zoning allows people to plant right up to the property line which I don't agree with cuz now now I gotta clean my gutters a lot more often. but I don't hesitate (and don't ask permission) to cut a branch hanging on my side or blocking a gate, but I haul away the offending branches.
