MSU Red Cedar Message Board

Is it your tree? If so, you can cut it all you want. Going into neighbor's property could be trespassing, but I find it hard to believe your neighbor wouldn't want you to trim dead branches hanging over his property. Usually, it's the other way around (tree owner doesn't want his branches overhanging neighbor's yard to be trimmed).

I don't know if you can freely go onto his property to trim or maintain the tree.

He can, however, cut down any part of it that overhangs onto his property. He could leave you with a partial tree if he wanted to.

False. This is an act of nature. You are not responsible.

Tell him you'd like to take your power-tools deep into his backyard and see if he'll go for it.

Simple solution: Burn your neighbors house while they're asleep and then claim the land as your own

One instance does not mean that's the law. Were you in Michigan? Did you know it was dead? More importantly, could she prove you knew it was dead?

And you wouldn't need a lawyer, your insurance company would likely be on the hook for it and they would be defending the case.

It's a negligence case if you knew it was a hazard and didn't remedy it. Makes sense. We don't want people with large dead trees to let them hang over a person's house and present a hazard to the safety of the neighbor or their property. Acts of God are one thing we will except, but willful ignorance of, or refusal to remedy, a hazard will result in someone getting sued and likely have to pay damages.

This seems to be a sensitive issue to you.

Yes I am in Michigan. I knew it was dying/dead. Only a few living smaller branches/leaves attached to it. Rarely talked to her.

The lawyer told me that the branch, dead or alive, is the responsibility of the property owner where it lands.

It was also my understanding, after several discussions with a few colleagues in different city/township positions, that one of the reasons many cities were taking down all the Elm trees (diseased or not) was that they were concerned about eventual damage from those trees. If left unattended, these trees that would eventually die would also be a potential hazard for damage or injury. Individual property owners could not be held accountable, and townships wanted to avoid problems before they happened.

That's because those trees were located in the strip of land between the sidewalk and the street (city property). Homeowners had no say in the tree removal project.

What about the women and children?

I have a wooded area behind my house that belongs to the farmer (who I have been told is an ass from my neighbors.) A tree from his property fell onto a tree right on the property line, so I cut everything down. I then used the brush and stacked wood to extend my property about 20 ft into his. I have the summer to work on blending in my backyard and slowly planting grass. Eventually it will be my property. Muhahahhahaha!