another one: need advice on dealing with neighbor

[look 171]

I have a rental house on the other side of the hill with a neighbor who just doesn't do any maintenance. He lives in DC and rents to a very nice lady with her little boy. He responded to one of my many e-mails but without an definite answer and nothing more.

Half his rubber tree is hanging over our roof and fills the gutters every season. It has caused water to dam up so the rain water runs back into the roof. We just replaces the entire patio cover and put on a new roof along with new gutters, plumbing electrical and interior is all new. I like to have him cut the tree, but its $3k so do it along with other brush that's taking over the only stairs case that lead onto the back yard. Fence that has fallen over but held up by vegetation. We are down hill from them, and I do not want their fence to fall onto my new tenant causing an easy lawsuit. I am more then willing to split the cost of a new fence but not cut his damn tree. what can I do or what would you do since he will not respond to my emails. His poor renter wants the trees cut on the property also. this is the house he's eventually going to live in after retirement. i don't want to go the route of a lawyer or small claims court, but like to do something about it before we rent it out. Lets hear it guys.

[look 171]

oh, my first email to him has been over two months. He refuse to give me his number. I think he's afraid that I will tear his balls off through the phone lines.

[rusnak]

Green waste roll-off bin. Will a chainsaw cut through that bizzo? I can lend you a few monster saws.

[recycled sixtie]

First off your landlord neighbour sounds very unreasonable. I would check to see if there are bylaws covering trees from neighbours encroaching your property. Here in Edmonton we have encroachment provisions in this regard. We have recently talked one neighbour into removing three large spruce trees because the roots came onto our property and it was getting hard to cut our grass because they were above ground. Also the roots were undermining our garage. At first he talked lawyer and then he must have consulted somebody and gave in and hired a tree cutter.

The other neighbour has a pear tree overhanging our property. The pears come down on our property and make a heck of mess. So in the past I have trimmed the branches that overhang our property. I am not sure if you could legally do that in your part of the world.

So my suggestions are:
Check LA City bylaws covering what you can and cannot do in regards to neighbours' trees.
Check tree encroachment procedure in your City if there is one.
Also if you sold your house now you have a legal problem with the new owners having an encroachment problem with the neighbours' tree so you want to get this problem solved now. I know you are not selling now but you want to get this problem solved anyway.
The last course of action is a lawyer as you want to get this situation resolved cheaply.
This landlord sounds like he does not want to spend the money. There must be an amicable arrangement to resolve this issue. Perhaps get the landlord's ph. number from the tenant? This situation is quite stressful for you but I feel confident that you will resolve it in an amicable manner!
Cheers, Guy

[look 171]

anything hanging over our side its fair game. A few branches or even more then that, its no big deal we just cut it to save the head aches. The tenant and I have been talking about this damn tree for a few years now. This is not a few branches.

[recycled sixtie]

Originally Posted by look 171

anything hanging over our side its fair game. A few branches or even more then that, its no big deal we just cut it to save the head aches. The tenant and I have been talking about this damn tree for a few years now. This is not a few branches.

I have done a cursory check of LA bylaws and cannot find anything in this regard. I have looked up the legal side and it is quite adequately covered. As I mentioned above see if you can get the landlord's ph. number from his tenant. Try the amicable route first before the legal route. It is cheaper and less stressful.

[look 171]

I can't agree with yo more. Avoiding the lawyer route is a must at this point because by the time we are done, I am sure it will be more then 3k in fees. the phone number isn't good or he's just not returning my calls. PITA.

[ckelly78z]

Are there any power lines or utilities near the tree ? You could ask around to see if a mobile bucket utility truck could pare it back a bit "for safety purposes".

[Baz]

Rubber Trees (aka Ficus elastica) are extremely invasive and messy. They are notorious for having extensive root systems that seek out water and many times are responsible for clogged and/or broken water and/or sewer pipes.

The ideal scenario of course would be for the owner of the tree to contract a tree service to cut it down. If you have exhausted all efforts toward this, you could cut off all limbs overhanging your side and try to live with that situation.

There is a chemical that can be sprayed onto the open wound of a tree that translocates down into the roots and kills the whole thing. It's called Tordon RTU and is available from Amazon. You could spray this on all the open cuts left from trimming the limbs from your side and see what happens. If you spray enough surface area...it would do the tree in. Then at least it would stop growing.

If you're going to kill it by chemical means...this would be a better way to go than something environmentally damaging such as pouring diesel fuel on the roots as some might suggest.

[Porsche-O-Phile]

All the solutions I came up with at first involved fire so they're probably out...

Why not just have the branches cut back and send him a bill for half?

Is there any local ordinance about this kind of thing?

If all else fails, I think painting the tree baby poo yellow is in order.

[KFC911]

Originally Posted by Baz

...The ideal scenario of course would be for the owner of the tree to contract a tree service to cut it down. If you have exhausted all efforts toward this, you could cut off all limbs overhanging your side and try to live with that situation.
.....

I have the tools & experience where I would do this at minimal $ (if the owner was so inclined)....YMMV. If the owner isn't cooperating at all, then legally, you have the right to cut off all limbs and ROOTS that are over the property line (which will kill most trees)....that's the law, and how you handle it is up too you, but I personally wouldn't give him but a cursory notice and then do what you need to do at this point.

You can pay for someone to do that, but it's on your dime...the other property owner is NOT responsible for your side of the line either....

[recycled sixtie]

Originally Posted by KC911

I have the tools & experience where I would do this at minimal $ (if the owner was so inclined)....YMMV. If the owner isn't cooperating at all, then legally, you have the right to cut off all limbs and ROOTS that are over the property line (which will kill most trees)....that's the law, and how you handle it is up too you, but I personally wouldn't give him but a cursory notice and then do what you need to do at this point.

You can pay for someone to do that, but it's on your dime...the other property owner is NOT responsible for your side of the line either....

I googled law re encroaching trees and the person that is responsible for cutting roots on your own property(namely you) is liable if say the tree falls down subsequently and causes damage.

I would contact this knucklehead, recalcitrant idiot and advise him of the situation and what you want done. If he does not respond then I would threaten him with a lawsuit which would be way more expensive for him.Don't get angry but just use a matter of fact tone. Be firm and fair.

[KFC911]

Originally Posted by recycled sixtie

I googled law re encroaching trees and the person that is responsible for cutting roots on your own property(namely you) is liable if say the tree falls down subsequently and causes damage.

I would contact this knucklehead, recalcitrant idiot and advise him of the situation and what you want done. If he does not respond then I would threaten him with a lawsuit which would be way more expensive for him.Don't get angry but just use a matter of fact tone. Be firm and fair.

Sorry, but your google search is wrong. If the tree is dead, etc. then the tree's owner IS responsible, but I assure you that I do indeed know the law regarding this matter. The other property owner is NOT responsible for your side of the line when the tree isn't dead/dying...the limbs AND roots on your side of the propertry line are yours to deal with.

[look 171]

Originally Posted by Baz

Rubber Trees (aka Ficus elastica) are extremely invasive and messy. They are notorious for having extensive root systems that seek out water and many times are responsible for clogged and/or broken water and/or sewer pipes.

The ideal scenario of course would be for the owner of the tree to contract a tree service to cut it down. If you have exhausted all efforts toward this, you could cut off all limbs overhanging your side and try to live with that situation.

There is a chemical that can be sprayed onto the open wound of a tree that translocates down into the roots and kills the whole thing. It's called Tordon RTU and is available from Amazon. You could spray this on all the open cuts left from trimming the limbs from your side and see what happens. If you spray enough surface area...it would do the tree in. Then at least it would stop growing.

If you're going to kill it by chemical means...this would be a better way to go than something environmentally damaging such as pouring diesel fuel on the roots as some might suggest.

I am not surprise if the roots is already in the Jacuzzi yet? Its all plastic, so you think I am safe. It sits about 30' from the tree. How long do you suspect this chemical will take before it will kill this tree?

[Baz]

Originally Posted by look 171

I am not surprise if the roots is already in the Jacuzzi yet? Its all plastic, so you think I am safe. It sits about 30' from the tree. How long do you suspect this chemical will take before it will kill this tree?

It works fairly quickly...especially this time of year. But it will depend on how large the tree is and how much surface area you can get sprayed. The larger the tree the longer it will take and the more area that is sprayed the faster (and more effective) it will work.

I've used it for years and it works very well.

Check the reviews out:

http://www.amazon.com/Tordon-RTU-Cut-Stump-Killer/dp/B004RCWG40

[porsche4life]

I would be very careful about spraying anything on the tree to kill it. All it takes is one neighbor telling the owner you sprayed the tree and now it's dead and you end up in court over the deal. I agree you are allowed to trim anything on your side, but spraying it is a whole bother barrel of monkeys....

[wdfifteen]

Go to a lawyer and find out what your legal remedies are. This shouldn't cost more than an hour.
Send him registered letter telling him what needs to be done and the deadline on which you want it to happen. Be prepared to pursue legal action if he doesn't comply.
The guy would have to be really, really stupid to know his property needs maintenance and spend money on a lawyer to postpone spending on the maintenance.

[madmmac]

Cut the branches off at the property line to begin with.

[rusnak]

I agree with sending Ninjas over the fence to cut a limb and assasinate the tree with chemicals.

[1990C4S]

If you want to kill the tree simply cut the bark in a full circle.

Do not do that. Killing the tree is really bad advice.