Neighbor Pine Trees Reaking havoc

radiokaosJuly 19, 2007

Hello to all:

I have a issue with my neighbor. Currently, my neighbor has two large pine tree that encroach my property and reak havoc on my pool and my yard. The dropping are pine cones and needles into my pool every summer here in Phoenix AZ. Each year there tress are causing major damage to my pool costing several hundred dollars of repair to my pool each year.

I have asked politely for my neighbor to trim the trees to the property line but they have refused. Then ensued with harassing threats to myself and my family. My neighbor even stated that if I trim the tree on my side of the property line that they will sue me. They are claiming they are entitled to the space on my property "easement by adverse possession". What they don't realize is the damage there trees are causing on my pool, and we can't even enjoy our own backyard.

This is taking the life out of me to try to get this resolved. I love trees and in no way would I want to kill them, I would just like to cut the branches that come over onto my property. I have spoken with an attorney and he said cut the branches up to the property line and let her sue, which I'm sure they will.

I have tried several times to contact them nicely and asked them to help me out and there response was nothing but profanity and vulgarities. The police have told me I have the right to cut up to my property line and should do so. Currently, I had to obtain a restraining order against them from the harassment they have been causing over this ordeal.

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shadetreetim

I vote for having the limbs cut at the property line. I had a very similar situation with my neighbor and his pine trees. I ended up cutting every limb that was on my side of the property line. It is a uncomfortable situation; but you have the right to protect your property. And should do so.
My neighbor & I do not speak anymore. Great bonus! Good luck!

    Bookmark   July 20, 2007 at 3:20PM
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1fullhouse

You can also file in small claims court. Though that may make the situation worse.

You can also file a complaint with the city about a 'blighted' property. We've had to do that a few times with neighbors with overgrown weeds, etc. It's anonymous also, which is a plus.

http://phoenix.gov/EMAIL/appblght.html

I'm pretty sure you do have the right to cut the limbs off your property line though.

Good luck!

    Bookmark   July 20, 2007 at 5:11PM
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cataway

There is no such thing as adverse possession of air space for a tree,you have the right to trim the tree back to your property line as long as you do not kill the tree, if it is damaging your property you may be able to claim for damages from their homeowners insurance as long as you can prove it is their trees causing the damage, their insurance people may then insist on the trees removal.

    Bookmark   November 24, 2008 at 11:53AM
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Suzi AKA DesertDance Zone 9b

Well, I live in the California desert (same climate as you), and I don't have suggestions. Just sympathy! I am forever complaining about our HOA, but maybe it's a good thing! A law suit is not fun, but I think having THEIR insurance pay for your damages is a great idea!!

I had an evil neighbor at one time. I got lucky. He got allergic to the golf course and had to move!! He sold to wonderful neighbors! Nothing better than a good neighbor!!

We all have our neighbor horror stories. At one house the neighbor had a large beautiful tree. I planted shade loving plants on my side, and it was just beautiful! Until he sold his house to an icky poo poo who cut down MY tree!! Ruined my whole shady ecosystem!!

I vote for cutting the branches on YOUR side! And good luck with this awful problem!

    Bookmark   November 25, 2008 at 1:32PM
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