On 17 Nov 2003 08:25:22 -0800, (Mike) wrote:

Hello,


I don't necessarily want to kill it, but there is definately a
significant amount of damage being caused by this. Any ideas on what
I can do? Talking to her has done no good.

Thanks
Mike
The variety of response will reveal teh true answer: laws vary and
your response should be guided by a bit of research on local codes.
In Austin, TX, there is a law that any tree with a trunk at least 19"
DBH (diameter 4 feet above grade) is protected, and if you cause harm
that leads to the tree's death you are responsible just as if you took
it down to the ground yourself.

That said, generally the previous responses are right. If it crosses
the property line, most courts have ruled it's yours to do as you
wish. But besides the above exception, I have heard of situations
where this would be considered a shared tre, so neither party could
take unilateral action.

The big problem you're likely to run into is that there may be no laws
addressing this directly--often the case. Which leaves you with legal
precedents and the judgment of whoever happens to be in charge the day
you appear in court (assuming it comes to the worst). You can read
more in Vincent Merullo's book, something like "Arboriculture and the
Law." Or you can skip a step and go right to a local property-rights
atty. and see where things stand locally.

Worth noting: municipal studies consistently find just as much
sidewalk damage where no trees are present as where they are. Your
complaint is with the sidewalk installer as much as the neighbor's
tree.

Keith
For more info about the International Society of Arboriculture, please visit http://www.isa-arbor.com/home.asp.
For consumer info about tree care, visit http://www.treesaregood.com/