Is there anything I can do about my neighbors tree?!?
04-13-2008, 04:55 PM
#1
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Is there anything I can do about my neighbors tree?!?
Is there anything I can do about my neighbors tree? It's got these solid 1/2 pound grenade shaped pine cones dropping out of it leaving a crater in my hood and dents on the side of my car.. The tree is actually in HIS yard and my parking spot is on my property. I guess you can say his tree is overhanging my side of the property.. Doesn't his insurance have to cover the damages to my car?
Does anyone know what I can do??
Does anyone know what I can do??
04-13-2008, 05:00 PM
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Take him to court
If his tree is bombarding your designated parking space I say he's liable. Any reasonable person would prune the tree back so that pine cones wouldn't fall on the neighbors car causing damage. Especially when the car is parked in a designated parking spot. Did you talk to the neighbor yet? What did they say. Do you own a BB gun?
04-13-2008, 05:01 PM
#4
Your property line extends up from the ground, so anything hanging over must be cut if requested by you 
as for right now, common sense would be to move your car since you are aware of it getting damaged. if you keep your car there willingly knowing that it's being damaged, he might not be liable for as much.
just go over there and make contact with him and let him know what is going on. maybe something can be worked out before you have to file suit.
as for right now, common sense would be to move your car since you are aware of it getting damaged. if you keep your car there willingly knowing that it's being damaged, he might not be liable for as much.
just go over there and make contact with him and let him know what is going on. maybe something can be worked out before you have to file suit.
Last edited by Rescuer; 04-13-2008 at 05:04 PM.
04-13-2008, 05:06 PM
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or drill a hole next to the trees stump and poor our used oil down in there and water good
haha but that wouldnt be good for planet earth,
on the other hand there is always mars
haha but that wouldnt be good for planet earth,
on the other hand there is always mars
04-13-2008, 05:07 PM
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Like everyone else has said, I believe if its on their lawn then they're responsible for it.
I have the same problem except the tree is on the sidewalk and therefore, owned by the city
We've requested it be either cut or trimmed down but the city said we are responsible for maintaining the tree and we can't cut it down because its owned by the city. Talk about backwards logic.
I have the same problem except the tree is on the sidewalk and therefore, owned by the city
We've requested it be either cut or trimmed down but the city said we are responsible for maintaining the tree and we can't cut it down because its owned by the city. Talk about backwards logic.
04-13-2008, 05:15 PM
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I know exactly what your talking about! I hate those damn trees! My old house used to have one right in front and in front of that tree, was a tree that always dropped those red thin leafs that had a drip of tree sap on every damn leaf. I think by law, if your neighbors tree is hanging over your property, you have the right to have him trim it.
04-13-2008, 06:12 PM
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Having said that, if the tree is dangerous, you could probably swap it for a different tree as long as there is one there.
The reason for this code is kinda backwards logic as well. The idea is that insurance records show that tree-lined neighbourhoods have less crime than others. So, San Jose, in an attempt to reduce crime, brought in the rule that every house must have a tree (or two if you are a corner lot). Unfortunately the basic logic is wrong. Tree lined neighbourhoods are typically in affluent areas - hence the low crime. They could just have easily said "Streets with more than 40% BMWs have less crime" and it would have been just as valid/stupid.
04-13-2008, 06:16 PM
#10
if the tree is hanging over your property then you can have him cut that... or you can cut it. insurance should take care of it... if not then you can call you company and they might file it as an act of god (same goes if you hit a deer or whathave you) and fix your hood.
04-13-2008, 07:21 PM
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Yeah, San Jose has an interesting property code: Every house with a sidewalk strip MUST have a street tree. The city may provide the tree, but the homeowner has to maintain and water it. Also, any damage caused to the sidewalk or anything else by the tree is the homeowner's responsibility.
Having said that, if the tree is dangerous, you could probably swap it for a different tree as long as there is one there.
The reason for this code is kinda backwards logic as well. The idea is that insurance records show that tree-lined neighbourhoods have less crime than others. So, San Jose, in an attempt to reduce crime, brought in the rule that every house must have a tree (or two if you are a corner lot). Unfortunately the basic logic is wrong. Tree lined neighbourhoods are typically in affluent areas - hence the low crime. They could just have easily said "Streets with more than 40% BMWs have less crime" and it would have been just as valid/stupid.
Having said that, if the tree is dangerous, you could probably swap it for a different tree as long as there is one there.
The reason for this code is kinda backwards logic as well. The idea is that insurance records show that tree-lined neighbourhoods have less crime than others. So, San Jose, in an attempt to reduce crime, brought in the rule that every house must have a tree (or two if you are a corner lot). Unfortunately the basic logic is wrong. Tree lined neighbourhoods are typically in affluent areas - hence the low crime. They could just have easily said "Streets with more than 40% BMWs have less crime" and it would have been just as valid/stupid.
Theres a tree on my side of the fence that my neighbor, a liquor store, was complaining about. I told him to chop away at will on the branches.
The tree thats out at the sidewalk (off my property line) has branches all up/above/thru the phones & cable lines. They are just below where the PG&E lines are. I reported the tree as possibly dangerous to pg&e when I bought my house in 2005. When it finally does take out the cable/tel co and or pg&e lines. I'm going to tell them "I told you so" and make sure everyone in the neighborhood gets reparations.
04-13-2008, 07:46 PM
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this has happened to our property as well...we talked to our neighbors and informed them their tree branches were over the fence and dropping leaves all over our yard and they let us cut the branches off.
04-13-2008, 11:06 PM
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Yea, I moved my car already.. Our apt building is family owned so I traded parking spots with another tenant. 
I guess in the next few days I gotta go get a quote for the crater in my hood and some upper body damage in the rear... I know I need a new hood, can't fix the crater in an aluminum hood..
I guess in the next few days I gotta go get a quote for the crater in my hood and some upper body damage in the rear... I know I need a new hood, can't fix the crater in an aluminum hood..
