What should I do about the elm tree in my neighbors yard?
My wife says we should call an arborist to get a price estimate for removing it, and an opinion on the tree's health. Then, talk to the neighbor, and perhaps split the removal cost.
Answers:
First off, if it hangs over your house or garage, or even your property line, you can remove any limbs, or even the tree if it serves a deterrant to your saftey and health.
But, you have to give the neighbor a chance to be proactive in this... (If you do something that "kills" the tree, then he can sue you, for damaging 'his property'). You must only remove enough to get rid of the offending things that hang over, and NOT kill the tree!
What you do, is take the branches off, and take it off at the "growth ring" at the base of each branch. Then, put something on it, to prevent disease to the tree...(People used to use latex or tar, but these were not always effective at stopping disease..check with an aborist to find out).
You and your neighbor should be able to split the cost if the tree needs to come down, (actually he should absorb all the cost, but, then again, he may balk at it and not want the tree down, so, discuss half of it with him, or, even do it all yourself, if he doesnt want to do it).
I wish you well..
Jesse
Other answers:
you have the right to remove the part over your house at your expense
you have the right to remove the part over your house at your expense
Depending on your state I believe you can cut back any tree that improaches on your property. I would ask the neighbor if he would object to cutting it back so that way you dont get a feud started.
wife has a good idea inform your neighbor you can sue him for any damages
Cut it down while they are asleep
You can remove the part hanging on your land. But my husband and I have just been through this and we went to the magistrate court in our city and they told the guy that the tree needed to be removed due to the condition of it. And he had to pay all costs because it was on his land. Talk to your neighbor and see if they plan on removing it or go to your street department or magistrate and ask them what to do.
You should consult local law or town ordinances, and document them, to see just exactly what your rights are for your town and neighborhood.
Generally, you have the right to remove overhang that is above your property. However, you should ask the owner of the tree if she would have the overhang removed (if they do not know the law, they might go for this, and you would not have had to pay. Insist on a bonded, experienced tree trim/removal service).
But I have to ask... which was there first-- the overhanging tree, or your house and garage? Did you buy the house knowing that the tree was already overhanging, or has it suddenly hit a growth spurt and now is a nuisance? If you went in knowing full well the tree was in shambles, then in my opinion (for whatever a random guy's opinion is worth!) is that you share some responsibility. However, first things first and check the laws. Best of luck with it.
I would talk to your neighbor first to find out if they have any plans.
Your wife is right to consult a professional. If your neighbor doesn't agree you might want to call city hall/county offices to see how to resolve the problem. You have the right to protect your property. If your neighbor doesn't or can't split the cost you may have to pay for it yourself.
Good luck.