Trees, My Fence, Space & Oy Vey!

[spectropop]

What is the name of your state? California

My neighbor's trees are out of hand. They have ruined my fence, they take up much space in my backyard and have completely blocked my view. I have asked her to cut them, all she says is I can legally cut any part of the tree that is in my yard. Three years ago, we both chipped in $200 to have them cut and topped. She just let them grow back again, no maintenance at all. I DO NOT want to pay for her trees again. Can I legally make her cut her trees?
spectropop

 

[seniorjudge]

What is the name of your state? California

My neighbor's trees are out of hand. They have ruined my fence, they take up much space in my backyard and have completely blocked my view. I have asked her to cut them, all she says is I can legally cut any part of the tree that is in my yard. Three years ago, we both chipped in $200 to have them cut and topped. She just let them grow back again, no maintenance at all. I DO NOT want to pay for her trees again. Can I legally make her cut her trees?
spectropop

"...all she says is I can legally cut any part of the tree that is in my yard..."

She is correct. But tell us, how did the trees ruin the fence? What kind of fence is it?

 

[spectropop]

Trees, My Fence, Space & Oy Vey

<<how did the trees ruin the fence? What kind of fence is it?>>

Let me preface by saying the fence is very old. My parents had it built in the 60s. However, there was nothing wrong with the fence until the roots of her trees made the fence lean and some of the boards came loose. The roots have also caused the bricks in my patio to buckle. I can't really prove that the damage to the bricks is due to her tree's roots, because we have earthquakes here and I'm sure she'd claim the earthquakes did it. I am very willing to go halves on a new fence. She needs to level the trees first and do something about the roots or the same thing will happen to any new fence we put up. Don't I have a right to keep the view I've been used to all the years my familyl has lived here? We moved into this house in 1955. I inherited it in 1999. I immediately asked her to do something about the trees and she refused. We are still friends, but we don't talk about the damn trees.
spectropop

 

[ENASNI]

hmm

I am lived behind a house and they had some beautiful oleander trees that
were on a chain link fence between houses.

The neighbor claimed view and buckling of the driveway and made my Landlord cut them.

My landlord made some nice tea out of the leaves... no only kidding.

Maybe talk about the damn trees (your words)
but someone who knows something about the law and who isn't just
a silly little lurker like me will tell you about
View easements..??

 

[wolfgang69]

I meandered around the web and found this site. It's a bit vindictive and may cause a little friction, but..... Also, it is referring to Poplar Trees, but the same priniple may apply. Pay particular attention to the last sentence in the quoted paragraph below.

http://www.thegardenhelper.com/poplar.htm

Poplars (Populus species) have a massive shallow, and invasive root system. The roots can become such a problem that the Carolina poplar, (Populus canadensis,) is now even prohibited by law in some areas. All Poplar species must be planted with caution. They should never be planted near paving or drains because of the invasive tendencies of the roots. The new little trees which sprout up are sucker growths coming out of the roots. The only way of destroying these little buggers would be a foliar herbicide application; BUT unfortunately, (aside from the environmental implications) the herbicide would eventually find its way back to the parent tree, and destroy it also.


Furthermore, I found this on another site.

Why are construction activities so hard on trees?
Trees get into trouble when they become low on energy reserves, when their roots can't get enough oxygen or water or when more than 40% of their root system is lost. As you can see from the list above, most of the damage due to construction happens to the root system. Developing a site is seldom possible without hurting tree roots to some extent. Roots are one of the most vital parts of the tree. They are responsible for nutrient, oxygen and water uptake and anchoring the tree in the soil. In addition, energy rich chemicals are stored in the roots. Trees draw on these energy reserves to get them through emergencies like drought, defoliation, insect attack or construction damage.

Because of their location, roots are more easily wounded than you would think. Fifty percent of the root system is in the top one foot of soil and over 90% of the root system is in the top three feet. The root system extends well beyond the tree's dripline, often extending a distance equaling two to three times the tree's height. A single pass by a cement truck or dump truck can sever or crush the roots.

The roots are on your property, you should be able to get rid of them from your property. I guess one word of caution that I can think of though, would be that the dead tree may fall unexpectedly on your side of the fence, maybe on your house. OUCH!

 

[kmo199]

What is the name of your state? California

My neighbor's trees are out of hand. They have ruined my fence, they take up much space in my backyard and have completely blocked my view. I have asked her to cut them, all she says is I can legally cut any part of the tree that is in my yard. Three years ago, we both chipped in $200 to have them cut and topped. She just let them grow back again, no maintenance at all. I DO NOT want to pay for her trees again. Can I legally make her cut her trees?
spectropop

See OP, this is where it gets nasty. In a hasty attempt to open
up the area and be satisfied with your views, you topped her trees
(not cut back properly but TOPPED.)

Now forgive me here bigdogs, but I am strictly going to speak from a horticultural perspective. Tune in!

Topping is referred to as the indiscriminate form of cutting
back a branch without proper care, thus uglifiying the shape of the tree.
If a branch is going to be removed, then it has to/and should be done
adequately cutting back to the base! Undoubtebly when spring comes,
the tree will try to compensate for this by producing weak shoots.
The weak shoots will in most cases only be coming because
the original branch was left there and the tissues are still living.

Now moving on.,

Wolfgang69, good info which I already knew all about anyway,
though many who are blind and had no clue as of now.

However, let's take this a bit deeper because there are very few
who know this and this is nearly ALWAYS overlooked.
Poplar trees (besides willows) are the fastest
growing tree species in the Northern Hemisphere.
No matter how unfortunate it is, they have rapidly expanding
and invasive root systems into the soil. They can tolerate just
about any hardship that we humans put upon them directly and indirectly.
Now here's the catch! It is not because of the root systems that
pipes are damaged and clogged up!
It is the cracks already in the pipes into
which the roots grow later on, only looking for nutrient and water uptake.
Think about it, huge metal and concrete pipes
(in this case some brick patio for the OP) placed underground.
How on earth would even the most aggressive roots ever be able
to crack it, let alone grow into it?

It is very easy to blame the tree. Cracks in pipes are caused
by environmental factors, time, and the activities of humans. Not trees.

 

[spectropop]

<<It is very easy to blame the tree. Cracks in pipes are caused
by environmental factors, time, and the activities of humans. Not trees.>>

I'd make one change here, not ACTIVITIES of humans, INACTIVITIES of humans. Due to inactivity of humans, the TREES go wild and cause terrible damage.
spectropop

 

[rmet4nzkx]

You have not said what type of trees or how close together they are.

Inappropriate pruning or topping may make the problem worse.

A 40 year old fence needed replacing some time ago.

Many things affect brick patios, especially soil. California because of climatic cycles and soil, especially adobe soil are famous for shifting bricks, that's why they are set in sand. Your property requires regular maintenance, no matter how long you have lived there. I suspect that your home was not well maintained during your parents last years and now you are trying to blame everyone else for your problems and responsibility. You are blaming your neighbor and your brother for the condition of your home and grounds.

Here is a link discussing your problem and California, I suggest you read the case law and see how it applies to you.
https://forum.freeadvice.com/showthread.php?t=194165

 

[spectropop]

<< I suspect that your home was not well maintained during your parents last years and now you are trying to blame everyone else for your problems and responsibility. You are blaming your neighbor and your brother for the condition of your home and grounds.>>

You've GOT to be one of the most pompous asses on these boards. You have NO idea what my parents did to maintain our home. You're jumjing to conclusions like a little girl, with absolutely no background or info. Why do you even post here? Does it put you on some sort of self-made pedestal and make you feel important? What an idiot you are. Go away.
spectropop

 

[rmet4nzkx]

<< I suspect that your home was not well maintained during your parents last years and now you are trying to blame everyone else for your problems and responsibility. You are blaming your neighbor and your brother for the condition of your home and grounds.>>

You've GOT to be one of the most pompous asses on these boards. You have NO idea what my parents did to maintain our home. You're jumjing to conclusions like a little girl, with absolutely no background or info. Why do you even post here? Does it put you on some sort of self-made pedestal and make you feel important? What an idiot you are. Go away.
spectropop

A 45 year old fence needed to be replaced some time ago that's why it's falling down, have you read the case law?

 

[seniorjudge]

<< I suspect that your home was not well maintained during your parents last years and now you are trying to blame everyone else for your problems and responsibility. You are blaming your neighbor and your brother for the condition of your home and grounds.>>

You've GOT to be one of the most pompous asses on these boards. You have NO idea what my parents did to maintain our home. You're jumjing to conclusions like a little girl, with absolutely no background or info. Why do you even post here? Does it put you on some sort of self-made pedestal and make you feel important? What an idiot you are. Go away.
spectropop

None of us have seen the house.

We are exploring a lot of possibilities.

Answer the questions and help us out.

Don't be a barking troll.

 

[spectropop]

<<Don't be a barking troll.>>

I take it you haven't seen rmet4nzkx's posts? You wouldn't be making such an asinine comment if you had. Take a look at what the little grade-schooler needs to call me to communicate.
spectropop

 

[spectropop]

<<A 45 year old fence needed to be replaced some time ago that's why it's falling down, have you read the case law?>>

You are correct, I never stated that I had a problem with replacing the fence. If you had bothered to read my post, I said I was perfectly willing to go in halves to replace the fence. HOWEVER, before doing so, she'd have to do something about her trees and the roots, or the same thing will happen with a NEW fence. The roots are showing thru my bricks in my yard, they're so out of control. Her trees have also blocked my entire view of the city which I used to have. She refuses to have them pruned, she refuses to do ANYTHING about them.
spectropop

 

[rmet4nzkx]

<<A 45 year old fence needed to be replaced some time ago that's why it's falling down, have you read the case law?>>

You are correct, I never stated that I had a problem with replacing the fence. If you had bothered to read my post, I said I was perfectly willing to go in halves to replace the fence. HOWEVER, before doing so, she'd have to do something about her trees and the roots, or the same thing will happen with a NEW fence. The roots are showing thru my bricks in my yard, they're so out of control. Her trees have also blocked my entire view of the city which I used to have. She refuses to have them pruned, she refuses to do ANYTHING about them.
spectropop

You have not answered any of the questions. You have not read the case law.
Until you do that we cannot advise you, no matter what you think.
BTW insisting on topping the trees may have made the problem worse. Quit acting like a child, grow up and act like a responsible adult instead on the spoiled brat you are.

 

[spectropop]

<<Quit acting like a child, grow up and act like a responsible adult instead on the spoiled brat you are.>>

The above statement is from rmet4nzkx, who on another thread changes my screen name to spectropoop. And THEN has the nerve to embarrass himself by telling ME to quit acting like a child and grow up. He won't even understand how stupid he sounds posting such a thing. He's what we call a "puffer", pontificating on the subject with absolutely no substance, then surprised and hurt when people confront him with his stupidity. Apparently, his chest is the only thing he can "puff" up. awwwwwwww.
spectropop