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Old 12-07-2013, 09:12 AM   #1
Gizamecock
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Default Trees in Neighbor's Yard

I live in the Columbia city limits and my trees are overhanging into the neighbor's property line. She is demanding that I cut them down but I keep telling her once it crosses into her property she can do whatever she wants as far as trimming them.

Am I right or is she? Does anyone know where I can find the law for the state? I have done searches and I find other state laws but not SC.

Thanks for the help.
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Old 12-07-2013, 09:14 AM   #2
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Default Re: Trees in Neighbor's Yard

In Florida you are the one required to maintain your trees. It is your responsibility. SC may be different but not likely.
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Old 12-07-2013, 10:04 AM   #3
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Default Re: Trees in Neighbor's Yard

She can trim up to the property line but she can't go past it. But why don't you trim it?

Edit
However if she damages the tree she is liable for value of tree
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Old 12-07-2013, 10:18 AM   #4
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Default Re: Trees in Neighbor's Yard

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Originally Posted by ccured View Post
She can trim up to the property line but she can't go past it.
This
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Old 12-07-2013, 03:29 PM   #5
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Default Re: Trees in Neighbor's Yard

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Originally Posted by ccured View Post
She can trim up to the property line but she can't go past it. But why don't you trim it?

Edit
However if she damages the tree she is liable for value of tree
I don't mind trimming them but she is being such a b about it I kind of don't want to help her.

She is telling me that if I don't trim them then she will take me to court. My question is legally do I have to trim the trees on her side of the property or is that completely on her? She also says the roots from a tree are damaging her driveway.
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Old 12-07-2013, 03:34 PM   #6
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Default Re: Trees in Neighbor's Yard

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Originally Posted by Gizamecock View Post
I don't mind trimming them but she is being such a b about it I kind of don't want to help her.

She is telling me that if I don't trim them then she will take me to court. My question is legally do I have to trim the trees on her side of the property or is that completely on her? She also says the roots from a tree are damaging her driveway.
she can trim the limbs and roots on her side

as far as i know the only time you might have some liability is if you have a dead tree that presents a danger

(unless you have some kind of HOA rule)
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Old 12-07-2013, 11:28 AM   #7
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Default Re: Trees in Neighbor's Yard

She can't cut the tree down, but she can trim any part of it that hangs over her property
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Old 12-07-2013, 12:34 PM   #8
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Default Re: Trees in Neighbor's Yard

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Originally Posted by rrsandersjr View Post
She can't cut the tree down, but she can trim any part of it that hangs over her property
this

i have a neighbor like this, right now we are waging leaf battle, she blows them on me and tells me to pick them up, i dont then the wind blows them back and the struggle continues

she actually cut several trees on my property while we were in closing, so i planted 15 leylands near the line

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Old 12-07-2013, 12:23 PM   #9
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Default Re: Trees in Neighbor's Yard

Is she kin to Harvey Updyke?
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Old 12-08-2013, 12:53 AM   #10
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Default Re: Trees in Neighbor's Yard

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Is she kin to Harvey Updyke?


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Old 12-07-2013, 02:17 PM   #11
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Default Re: Trees in Neighbor's Yard

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i planted 15 leylands near the line
You should have planted a sycamore. My mom had to have her 35+ year old sycamore taken down because it had become to large for the yard. I tried to convince her to just have it pruned, but no dice. She is going to regret it come next summer without the shade that tree provided for the house.
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Old 12-07-2013, 03:49 PM   #12
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Default Re: Trees in Neighbor's Yard

To answer the question directly, yes, you are correct she can trim the branches that are hanging over the property line. She can call the cops all she wants, but you are not required to cut down the trees.
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Old 12-07-2013, 04:04 PM   #13
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Default Re: Trees in Neighbor's Yard

That sucks she's being a B about it, and as we all know she's not going to let it go until she's had the last word. Unless it's just all the women that I've ever dated that act that way, but I doubt it. I say talk to a local tree climber(off the clock) and offer him $40 and a case of beer to come take a couple limbs down. Those guys are surgical with a chainsaw so I wouldn't even worry about the fence. He'll probably even drag them to the street for you once he's finished if you refer to him as "buddy" and tell him how awesome he is. 30 mins tops and you'll be back on Cocktalk in no time. Now, smoothing things over with the neighbor is up to you, I'd just let her know you have someone coming by to take care of it and you're "sorry for the misunderstanding". You'll have two new best friends and won't have to waste another minute researching anymore by laws. I hope this helps.

Last edited by roosterdude21; 12-07-2013 at 04:06 PM. Reason: Needed to specify "limbs"
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Old 12-07-2013, 05:16 PM   #14
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Default Re: Trees in Neighbor's Yard

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Originally Posted by roosterdude21 View Post
That sucks she's being a B about it, and as we all know she's not going to let it go until she's had the last word. Unless it's just all the women that I've ever dated that act that way, but I doubt it. I say talk to a local tree climber(off the clock) and offer him $40 and a case of beer to come take a couple limbs down. Those guys are surgical with a chainsaw so I wouldn't even worry about the fence. He'll probably even drag them to the street for you once he's finished if you refer to him as "buddy" and tell him how awesome he is. 30 mins tops and you'll be back on Cocktalk in no time. Now, smoothing things over with the neighbor is up to you, I'd just let her know you have someone coming by to take care of it and you're "sorry for the misunderstanding". You'll have two new best friends and won't have to waste another minute researching anymore by laws. I hope this helps.
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Old 12-07-2013, 05:20 PM   #15
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Default Re: Trees in Neighbor's Yard

Quote:
Originally Posted by Gizamecock View Post
I live in the Columbia city limits and my trees are overhanging into the former neighbor's property line. She is demanding that I cut them down but I keep telling her once it crosses into her property she can do whatever she wants as far as trimming them.

Am I right or is she? Does anyone know where I can find the law for the state? I have done searches and I find other state laws but not SC.

Thanks for the help.
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Old 12-07-2013, 07:00 PM   #16
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Default Re: Trees in Neighbor's Yard

the trees in my yard fell on the nieighbors house during hugo. their insurance covered it
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Old 12-07-2013, 08:18 PM   #17
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Default Re: Trees in Neighbor's Yard

It seems that she is being a bitch so that you have to pay for it. If she is that big a bitch about it, what happens if a cut branch falls and damages something on her yard?

I had a similar situation with the guy behind me. I told him the branch was his responsibility since it was on his side. He cut it.

It's on her. What if they go over there cut a root and she says they damaged the driveway? Now..it's on you.
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Old 12-07-2013, 08:24 PM   #18
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Default Re: Trees in Neighbor's Yard

Why does she car about the branches over hanging her yard?
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Old 12-07-2013, 10:27 PM   #19
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Default Re: Trees in Neighbor's Yard

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Why does she car about the branches over hanging her yard?
Because she has nothing better to do and this is what she does for fun. We bought the house about the 3 months ago and she tried the same thing with the previous owner. I have a letter from the former owner's attorney stating she has no claim but she keeps insisting she is right.

She told me yesterday that the trees and roots could ruin everything she owns. No joke. She told me the roots are going into her sewer line and causing damage. I told her that tree has been here for a hundred years and that's what happens.
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Old 12-07-2013, 10:41 PM   #20
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Default Re: Trees in Neighbor's Yard

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Originally Posted by Gizamecock View Post
Because she has nothing better to do and this is what she does for fun. We bought the house about the 3 months ago and she tried the same thing with the previous owner. I have a letter from the former owner's attorney stating she has no claim but she keeps insisting she is right.

She told me yesterday that the trees and roots could ruin everything she owns. No joke. She told me the roots are going into her sewer line and causing damage. I told her that tree has been here for a hundred years and that's what happens.
Sounds like an awful neighbor. Here is some case law: http://realestate.findlaw.com/neighb...neighbors.html
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