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+--- Thread: tree owned by both neighbors dispute (/showthread.php?tid=10578)
tree owned by both neighbors dispute - mary - 07-27-2012
i am wondering if anyone knows how to resolve this situation.
it appears that my neighbor and i co-own a huge tree that's growing between our property line or on the boundary line, so we seem to own it together.
He wants to remove it entirely even thought the tree looks healthy because it grows very near his house, i can't afford to split the cost of removing it and i told him so however i also said that he is welcome to remove it at his own expense.
if the tree should for some reason fall on his property not during the storm but on a sunny day, could he actually sue me for damages? the tree does look green and healthy. i am wondering what the law is in hawaii or if anyone has had to deal with this issue before. could you kindly let me know.
thank you
aloha
mary
RE: tree owned by both neighbors dispute - opihikao - 07-27-2012
Here are a few articles that pertain to this kind of problem in general. Hope it works out for you, and it remains amicable.
http://archives.starbulletin.com/content/20100310_Trees_owner_loses_right_to_overhanging_portions
http://archives.starbulletin.com/content/20100306_Fruits_of_labor
http://archives.starbulletin.com/2004/07/11/news/kokualine.html
(*Snipped by me - Maybe check Hawaii law yourself for guidance as this is 1981 law):
Second, there is the "Hawaii rule." Back in 1981, the high court in that state held that "when trees cause actual harm or pose an imminent danger of actual harm to adjoining property," the neighbor may require the tree owner to pay for the damage and to cut back the endangering branches or roots. And if this is not done within a reasonable period of time, the neighbor "may cause the cutback to be done at the tree owner's expense."
However, to my knowledge, in every state a neighbor has the absolute right to trim overhanging branches and cut roots that encroach on their property. The neighbor cannot, however, trespass onto the next-door property nor demand reimbursement for such actions.
(*More at link)
http://articles.chicagotribune.com/2011-05-20/business/ct-home-0520-benny-kass-20110520_1_tree-law-branches-or-roots-heavier-branches
RE: tree owned by both neighbors dispute - mary - 07-27-2012
Thank you Opihikao
I have also seen these articles googling on the net. What i haven't seen is whether i will be liable if i and my neighbor co-jointly own a tree.
it seem to be there are no articles that i can find talking about trees that are co-owned and what are responsibilities of each owner in the case of co-ownership of the tree.
thank you anyhow for all the trouble looking up the links.
aloha,
mary
RE: tree owned by both neighbors dispute - ericlp - 07-27-2012
Tree damage according to insurance agency are seen by their eye's (as an act of god) so if your neighbor doesn't have insurance to cover his house ... than so be it. But anything that was said between you and your neighbor isn't going to hold up in court. You need to get something in writing and signed.
RE: tree owned by both neighbors dispute - lquade - 07-28-2012
hey mary. i was also in this situation. i was told about the property line issue that i could trim my side as much as i wanted to the point of not injuring the tree. although the article states you can trim roots, i was told not to the point of "hurting" the tree. but as long as the tree was healthy, it would be an act of god if the tree fell, say during a windstorm or such. but neither owner was responsible for the removal of the tree on the other persons side. but if one owner "hurt" the tree by excessive trimming of roots or caused the tree to lean to one property by say removing all the branches on one side thereby putting all the weight to one side that person could be liable. i did speak to an attorney who would "resolve" the issue if i paid a retainer of 20 grand!!!! HA! needless to say, neither owner of the boundry tree did anything although i repaired my fence a few times when branches crushed it. finially, the lot sold, the new owner asked me if they could have the tree cut down at their expense(they asked if i wanted to share and i said no, too expensive). it was so big, they paid a expert to come in from honolulu as the tree was over my home. finially after almost 30 years of this, the tree is gone. i was told, if the tree in any way involved helco they might help, but in my case it wasnt anywhere near the lines. if near a road, i was told to call the fire dept and they might help but that also wasnt the case with me.
it is never pleasant to have neighbor disputes but if you cant afford it, well.... you cant afford it. i would just be clear it is a money issue, but, personally i would not put anything in writing, just keep maintaining the tree looks healthy and you hope it stays that way....
ps if we are talking about an albezia then i am really unclear as these trees are known to have very shallow roots and can go down, looking very healthy until they fall over. still, it seems you are equally owners and it seems everything would still apply equally... tough situation
RE: tree owned by both neighbors dispute - rusty h - 07-28-2012
if the tree fell.... wouldnt his side of the tree hit his house?
[8D]
RE: tree owned by both neighbors dispute - TheodoreJay - 07-28-2012
I'm assuming you have looked at your property survey to verify where the tree stands? Firstly start by talking to your insurance agent as the most qualified expert in this matter.
I had a similar situation where the neighbor wanted me to cut down my tree incase it fell. My reply was maybe we should cut all of the trees down then, argggg (showing no signs of obvious rot or disease). However some trees like my maple tree can be rotting from the inside and a periodic full trim is the best way to insure the life and safety of the tree.
You are generally liable if you neglect to take care of the tree on your property. If the tree were to be obviously diseased or rotting it should be removed to protect yourself. An "act of god" such as a lightening strike or a storm that blows it over onto your neighbors land should be covered by their insurance. If you check w/ your agent you'll probably get the same story and that should be your next step.
If you want to save the tree from your neighbor's axe you'll have to weigh the value of the tree against the benefit of keeping your neighbor happy. If the tree is healthy then you could offer to let them remove the tree at their expense but if a problem tree maybe offer to remove at half the expense base on a written agreement and estimate by a qualified and insured tree removal expert.
RE: tree owned by both neighbors dispute - mary - 07-28-2012
thanks all for your good answers.
i am going down on monday to the self help area at the hilo courthouse. apparently they have attorneys on their lunch hour that can further help me with the law and what neighbor laws apply in hawaii.
i hope i can resolve all this without problems.
thank you again,
aloha,
mary
RE: tree owned by both neighbors dispute - DanielP - 07-29-2012
mary,
I think that you already resolved the issue, unless you just choose to see it as an issue. Anyone can sue you for anything at all. As long as you have given your permission for your neighbor to remove the tree, I am sure that you are off the hook.
Dan