Hmm... I have a friend who recently went through a serious battle with a neighbor over the issue of a tree. In his case, *he* was the one with the tree, and it got ugly up to the point of the neighbor claiming to be shooting a pesky squirel but... oops... it hit his wive's pet cat. See if you can picture how ugly it got from there.
Battles between neighbors are the *worst*, especially if both are property owners. Battles between neighbors are legendary for consequences where the *least* was for someone to sell and move, and I bet you everyone here can think of stories they've heard or seen about ugly feuds between neighbors. So don't let it get out of hand.
That being said, here's my two bits: 1) First, confirm that you own the airspace over your property. You probably do, but in some towns close to interesting industries, you might not, in which case you have to go through the city, so do a quick check just to make sure. 2) If you own the airspace, nobody can stop you from shearing the branches where they cross the property line.
Your city might have bylaws against cutting down trees whole-hog, but none of them are going to have proscriptions against *pruning* for safety and/or inconvinience. 3) You should *not* be wanting to chop the tree down! Trees are good.
Trees are one of the best plant-types we've got for sweeping surplus CO2 out of the atmosphere as a function of the area they cover, and the more homeland-emitted CO2 you can sweep up, the less carbon-offset credits your country has to buy from less industrialized nations in order to be compliant with existing international carbon-emmision trade agreements. In other words, even if you don't like them for their shade and beauty, they have solid economic value on a national scale... about 14 cars' annual CO2 emmisions worth per tree. 4) If the tree is shedding branches in a storm, then it's *not* being properly cared for!
If it was being cared for, then it would not be shedding branches like that, even in high winds. Properly pruned trees grows big giant thick branches that you can park a tree-house on and it won't shed a twig in a storm. Therefore, what I would do is tell the neighbor that the tree is shedding branches on your car in high winds, and that it needs pruning... and then I would hope they are fair-minded and rational.
If not, i.e. If they think that cutting a tree's branch is like chopping the leg of an innocent creature (which it's *not*... trees grow better when properly pruned), or if they're just super-lazy or super-inconsiderate, then... ugh... for sure you can force the branches crossing the property line to be shorn if you own the airspace (double-check to make sure you do), and... Hmm.. *maybe* you can get them to see how if the city gets involved, the city will probably feel annoyed at being bothered over such an issue, and could very well react by chopping the tree down in a huff. Good luck.... to both you *and* the tree.
I have seen this specific issue be the result of big arguments, so be careful! It really depends on the personality of your neighbor, but I would recommend that you don't cut these branches before asking. The best way to convince the neighbor is to bring up the way this would be good for your neighbor.
Everyone always want to know what's in it for them. Do your neighbor drive the car through the same driveway? Are these branches posing risks for him/her as well?
Is there a risk they could fall on some of your neighbor's property, injure a pet or child, etc? If not, you can always emphasize how dangerous it could be if these branches would fall on your car and that you are worried about it. "What if they break the window?" Your neighbor might see the risk of an upcoming lawsuit and do it for this reason if nothing else.
If the tree is close to a house, tell them that the roots could uproot the foundation of the house. Hmm.
I would ask nicely if they could trim the tree and say you would help or if you realy want to cut it down say you will split the cost of cuting it down with them.
That will be difficult. Trees add value to a property. They also cost a lot to cut down!
If it is big enough to reach over your driveway and drop significant branches it will cost a couple of thousand dollars. The only thing I can think of arguing is that it will be a threat of falling on his own house in a big storm. Talk about other people it happened to.
If he is the nervous type and has the money he might be convinced. He might not mind you trimming it, especially the part over your driveway, if you are nice in asking.
You may want to look at your local zoning laws, often there are restrictions, or easements that restrict where trees can be planted. I have a neighbor who loved to plant trees right on the property line, of course this is totally prohibited by our easement restrictions. But the previous owner allowed it.
Usually trees need to be set-back at least 5 ft from the property line, there are also restrictions about distance from roads, power lines, etc... Check with your local code compliance office to find out, this may also be spelled out in your deed restrictions.
Tell your neighbor your going to pay for everything yourself.
You can only really appeal to what is important to them as it is clearly their choice. (In the UK you can cut off branches which cross your boundary but it good practice even in these circumstances to advise the neighbour before doing it) You could stress the extra light they may get. If it is old or dangerous and they have children you could appeal to their fears of creating injury.
If it close to their house you could suggest it may damage their home, or them, if it falls.
If that is the facts, I suggest you ask your neighbor in writing to permit you to cut branches interfering with your quality of life. I don't think I would ask the neighbor to cut the tree down...they are too precious...
I would ask the neighbor about the possibility of trimming it first. I would not cut it down however. Trees are a valuable resource and take a very long time to grow, not to mention they raise property value.
Only cut a tree down if you absolutely have no other option. Do, however, approach your neighbor with the idea of trimming it up to prevent damage to your car. If you want to be an extra nice neighbor, take responsibilty for the work yourself or pay someone to do it out of your own pocket.
You can actually just trim the branch that peeps within your yard because that part is already your property, but it might freak out your neighbor so you must ask them first if it's okay to trim the tree. I agree with @samid that it would be better to trim it than to cut it down. Just ask your neighbor nicely and explain your reason.
Perhaps you and your neighbor could split the cost of tree health evaluation and subsequent pruning rather than cut the tree completely down. Trees normally loose a few small twigs, not big branches. If the tree is kept in good health with fertilizers and correct pruning, then it should pose no risk to your car.
I don't think you can make him cut the tree without a huge argument or lawsuit.
I have the same problem, there is a huge tree shadowing our garden from the garden behind ours. The problem is that it has a preservation order on it making it illegal for it to be cut, trimmed etc. My dad cut a lot of the tree off one day because he was sick of it anyway. I went into my garden and it was full of branches and leaves so my advice would be to cut branches off to see if that help and if not cut the whole thing down and blame it on the wind.
Don't cut down the tree! .. . Protect the earth!But... umm yeah!
Cut the branches instead.. only few!
I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.