Neighbour`s letter is Accusing my Tree`s Roots of Causing Fungus in their Flowerbeds.

[Allie]

They are an elderly couple so I will do my part to make them happy but does this situation really exist? Do roots cause fungus in peoples` flower beds? And if I cut the tree down, will the roots still cause problems?

I received this letter today:

"Dear Owner,
The Spruce tree bordering on your property is three-quarters on our property. The roots have killed our lawn and it is causing fungus in our flower bed, not to mention all the needles and cones in our eaves trough.

You can appreciate the fact that it is your responsibility to remove the tree and relieve us of your nuisance.

We will appreciate your cooperation here and thank you in advance."

The fact is I took possession in March- it was an estate sale. This couple has been living next door for many many years. I would say decades. I am very annoyed that they didn`t complain to the old owner about this until I took possession. I`m starting to think that just because I look like a nice person and was friendly towards them that they are now thinking it`s time to try to push me around. I`ll cut the darn tree down and buy the neighbour a gift but I don`t want this to snowball unwarranted complaints. I have the feeling it will since they are pulling stuff with me they didn`t try with the old owner. I am starting to think I have to look like an unsavory character to command respect for these types of things. Even trades people like to over quote me. What do I need to do- Get jailhouse tattoos? Hang around "tough guys"? Man, I need to get some streed cred to navigate the mean streets of Edmonton. Being nice sure ain`t working so far.

 

[housedoc]

I believe it is their responsibility/right to remove any branches that overhang their property and drop needles etc. Other than that, unless the tree is causing some kind of structural damage, they`re trying to take advantage of you.

 

[writeabooknow]

The quick solution? Talk to a lawyer and find out what you must do to comply. Then communicate with your neighbour, in a letter. Don`t be even remotely sarcastic. Always polite, always kind. You`ll probably need them on your side for something in the future. So don`t fire back that their deck violates municipal by-laws and you`re insisting they take it down.



Usually an overhanging tree is the responsibility of the neighbour, so he can harvest the fruit, or cut the branches off. Of course, if his aggressive pruning makes the tree unstable, then that`s another issue. By the way, if the tree really is ¾ on his side, then maybe it`s his tree impinging on your property!



As for street smarts, I have the same problem. I just can`t generate bad news for my tenants, neighbours or anyone else. So I stopped doing it and now my pretend friends get to do it.



"I`d love to replace that broken kitchen cabinet door at no cost to you, but my handyman says it`s simply not normal wear and tear so I can`t do it. The charge will be $40." Or, "I`d love to take that tree down, nothing would make me happier, but my accountant and lawyer have teamed up to tell me that I can`t do it for legal and business reasons. They`re even telling me it`s your responsibility. My lawyer, creep that he is, even insists that you provide proof of that fungus thing before you start. I`m really sorry, but my hands are tied."



The first time I used this strategy, it worked so well I was embarrassed, which only added to the verisimilitude of the situation.



imes New Roman">Cheers,

Steve Manning



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[invst4profit]

I would send a polite letter suggesting that although I would prefer not to remove the tree as a good neiborough I would agree to have it removed at there expense. They would also have to replace it with something of my choice that would be less invasive to there property.
Make it clear to them that it must be removed by a professional that is licensed and insured.

That should shut them up.

 

[smack123]

QUOTE (MatzoB @ Apr 20 2009, 10:59 PM) You can appreciate the fact that it is your responsibility to remove the tree and relieve us of your nuisance.

That`s just hilarious.

Previous poster likely offers the best solution - tell them you will agree to have the tree removed at their cost and pay for a replacement tree. Iw oudl actually take it a step further, I am a firm believer that mature trees add significant value to a proeprty, so I would ask them to compensate you for loss of value on the property. Heck, you could even hire an arborist and they can tell you exactly what the tree is worth (likely a few thousand dollars).

So, go back to them and tell them you will remove the tree, BUT, they will have to:

1. Pay for the removal ($800-1000)
2. Pay for a resonably sized (3" caliper min.) repalcement tree ($500-600)
3. Compensate for loss of value / diminished curb appeal ($+/-3000) based on arborist appraisal (their cost $500)

That will be the last time you ever hear from them.

 

[Fortuneinvesting]

Some people just leave me

.

If they said the tree was 3/4 on their property then it is THEIR tree. I think they are just being petty since you are new. Trim the tree so the needles and cones dont fall into their troughs and I`m sure you will be fine.

 

[invst4profit]

Personally I hate pine trees so although I would definitely get the max out of them, if they did chose to remove the tree and replace it with my choice I would be happy to see it gone.

Of course I would never tell them that.