Large Tree Hanging Over Property Line Onto Our Property

[Blaine B.]

My question involves real estate located in the State of: Indiana

My Grandmother lives in northwest Indiana and has had an ongoing dispute with her neighbor of nearly 40 years. I am her Grandson. Originally there was a pool on her property, which she eventually had to get rid of due to the amount of leaves and branches that kept clogging the pool filter.

There has been alot of disagreement about this large "Ash" tree that is on the neighbor's property directly to the west of my Grandmother's. It is a very tall tree, and also has a thick trunk. Probably about 20 years ago it was struck by lightning and split into two trees about 20 feet in the air or so.

We have a shed and a garage which are well within the distance of this tree coming and crashing down on to them in a storm. Our house could no way be affected by this tree. However, a couple of years ago the neighbor installed some "hooks" onto the two tree limbs and has a sort of metal strap holding them together. This all by itself seems a bit scary, however the tree seems very healthy.

Our main concern.....and I believe this should have been taken care of years ago.....is the amount of LEAVES that we have to deal with in the fall. You have no idea, our yard is literally covered in leaves so much that you cannot even see the grass. This is alot of unwanted work that gets put on us to clean this up every fall and spring, because yes, it also sheds in the spring too...just not as much. On top of that there are always twigs in our yard of all sizes on a daily basis. I have been hit in the head by falling twigs too, although the Police said a report could only be written if I was really injured. I am not going to lie about being injured. However the risk is obviously present.

Another thing is that this large tree obstructs our backyard from the sun for most of the day. Depressing if you ask me. So there are many reasons why we would like this tree cut, and all we could really do is cut it straight up from the property line.

I have tried talking to the neighbor before about this issue, he has called the Police a couple of times to complain about me "harrassing" him. I was simply discussing the tree issue with him. They have come to visit me a few times and I explained, there was really nothing they can do or could have done as I was not harassing him and was simply attempting to discuss this tree with him. Believe me, I believe he has done some city planning....and seems to be "in" with the city.....if you know what I mean. However I do not care about any of that, I want to know what our legal rights are regarding this tree.

My Grandmother wrote him a letter asking him if he would pay 50% of a tree service to come and cut the portion of the tree that hangs over on to our property in mid to late May of this year. He never replied. The other day I saw him outside so I tried to talk to him again, he told me to "go away" so I suggested to him he at least make contact with my Grandmother. He ran inside and told me I was harassing him once again, but apparently did not call the Police because they did not show up.

Our yard is entirely fenced in. We live in a corner lot home, and our neighbor with the tree has a fence, and also the neighbor to the other side has a fence. We have fences which fence in the entire yard, but not actually "our" fence around the whole yard. Just on the two other sides which are not fenced in by the neighbors' fences. There aren't big openings for trucks or equipment to come in to our yard to cut this tree. Most of the bids we have received would require access to our neighbor's property to safely and effectively cut the limbs which overhang onto the property. Let me remind you this is a TALL tree! I trimmed the tree myself today with an extension cutter, but I can only reach maybe 30 feet into the air. This is probably less than half of the total height of the tree. So the arborists are wanting to either use a cherry picker or climb the tree, none of which they can do in our own backyard given the fencing and that the tree is on the neighbor's property. It is within 10 feet of the property line and seems like half or more of the tree hangs over onto our property.

Can he deny access to his property for the arborists to cut this tree? It looks like we are on our own in terms of paying for this service....but we are willing to do it if it restores our backyard to what it should be, sunlight, less work with leaves, no braches, and a lesser risk of the tree falling onto our shed and garage, especially with the strap that holds it together.......which may be entirely safe but I am not really sure, that isn't the point though, it is just the limbs which overhang onto our property. I believe it is finally time to take action with this tree which has never been accomplished in nearly 40 years!

And help, advice, and laws would help, again we are in LAKE COUNTY in NORTHWEST INDIANA.

THANK YOU!

[Mr. Knowitall]

All of the authorities I've found indicate that Indiana's tree ownership rights are more favorable to the owner than those of most states. Absent some special privilege (e.g., a local view ordinance), it appears that ownership (defined by the location of the trunk) defines most rights to the tree, with a neighbor's right to trim branches being limited to those branches that affect normal daily activities on the other side of the property line (e.g., you can trim the branch that you have to duck under while mowing your lawn, but only to the point that you no longer have to duck).

Some municipalities have inspectors who will look at sick or dying trees and potentially order their removal. Similarly, if a tree threatens utility lines, it may be possible for the holder of the utility easement to take action.

You don't have the emerald ash borer in your part of the state, yet? If not, I expect that you will - if you see signs of infestation be sure to bring them to your neighbor's attention, as it sounds like that tree will be particularly dangerous if it starts to die after becoming infested.

[Blaine B.]

I have not seen any emerald ash borers in this area, of course I usually don't look at trees up close too much. Nature is nice but to a point, this is a busy suburb of Chicago, and our neighbor has to have the ugliest house and property of the entire subdivision. Lots of dirt in the yard, overgrown plants, a backwards fence that is all mismatched and rotten....somehow he gets away with all of that, like I said I believe he has done some work for the city and he is on the "in" with them. The Police have been here before (thanks to the neighbor calling them - he always likes to call the police, he's a real "telephone tough guy") because the snow plows will pile up the snow on the corner on the street which blocks the sidewalk and apparently we are supposed to dig out of a 5 foot mound so people can walk, but somehow his ugly property just slides by without any action by the city against it.

Do you believe it could be argued that the raking of a heavy and constant flow of leaves would affect the normal daily activities on the other side of the property (us?) My Grandmother strives to keep her property looking acceptable and clean. She is definitely not anal or a perfectionist, neither am I, but at the same time we don't want our yard looking like the aftermath of a heavily wooded forest. And we also do enjoy the sun. I am not sure if there are any local town ordinances for a view ordinance. We also do not have any above ground utilities or electric/telephone lines in the area, they are all buried.

I was able to find THIS landscaping ordinace through the city, but from what I have read it only deals with the removal and planting of entire trees. We aren't looking to tear down the entire tree, I know they have a right to their tree.....we just want it to be out of our yard as it has a gigantic overhanging canopy which really infringes on the property here.

Thanks again.

[Blaine B.]

Well, "daily activities," I'd say that all of the raking and leaf pickup that we have to do in the fall is more than just a minor inconvenience in our "daily activities"....

As for the emerald ash borer, I have no idea, I have never seen any but have never looked to closely either.

Anybody else have anything else to say regarding this?

[Blaine B.]

Really, no other replies? Nobody else had a dispute in Indiana regarding a tree with a dead-beat neighbor?

I recently found this: http://www.indianabusinesslawyerblog...ho_owns_t.html

So that pretty much gives us the "OK" for trimming ANY overhanging branches. Just cannot trespass on the other property without their approval.

I have gotten roughtly half-way up in terms of the blooming part of the tree and getting it cut. It is a true monster...the biggest difficulty is the height, which is where a tree company would come in. But without the neighbors approval there is no right to climb the tree by a tree company. I'm on the 3rd to the top step of the 8 foot ladder with a 12 foot extension trimmer.....also the thicker branches are a problem, although alot of the thicker ones are practically just bare limbs now with all of the smaller limbs cut off of those.

Is there any other loop-hole to get this approval? The attorneys always have something up their sleeve.....can anybody help?

[LandSurveyor]

As Mr. K points out, it's only a matter of time.

http://www.in.gov/dnr/entomolo/5349.htm

Probably a year or two if not already infected. My beautiful White Ash shade trees are now just a stack of split firewood.

[Blaine B.]

I'd hope to believe that would happen, but I have my doubts. This tree is a monster, it has been around a really long time....survived lightning strikes....etc...

Is there anything I can do to attract these bugs?

It appears the majority of the infestation is occuring in the northeast corner of the state. We are in the northwest tip. Pretty much as far as you can get into the tip. I see a couple east of Gary....but not many? We are west of Gary, not by much.

[aaron]

I had two ash trees, up until a couple of years ago. One was a hybrid ash, and it lasted a bit longer than the other. Once the trees are infested, though, big or small, young or old, they're done. It's only a matter of time.

[bcdudley]

I am not sure if it would be the correct thing to do or not, but I would think about returning all of the leaves and twigs that his tree drops to him, perhaps in a pile inconveniently located for him (I am not advocating trespassing). I do not know the legality of this, but if the tree is his property, you would just be returning his property to him.

[jk]

the hooks that you mention could have been placed there by or under the direction of an arborist. It is sometimes considered an adequate and acceptable means of repairing a tree that has split but there are proper methods and improper methods.

To the leaves and twigs: that is nature. If you do not want any leaves on your property, I suggest you move to someplace trees are not common flora to the area.

If the tree is a danger, or appears to be (and with the split, it is easily considered such) all you can do is formally notify the neighbor of the condition of the tree. That way, if it would cause injury to a person or damage to property, you would have a basis for an action against the neighbor for the damages due to his negligence.

Other than that, enjoy nature because there really isn't anything you can do about it falling into your yard.