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touch of painted curls
plants 2 
13th-Mar-2005 03:43 pm
dragons
plot of the land I'm working with

www.arborday.org rocks my socks. They're sending me (once the ground thaws) more trees than I can shake a-- er, than I know what to do with. :)

I got a Japanese Red Maple, Montmorency Cherry (sour fruit, don't know about its flowers), Methley Plum, Golden Jubilee Peach, a Willow, and some Juniper and Arborvitae, plus all this free stuff: Red Maple, Forsythias, White Dogwood, Flowering Crabapples, Washington Hawthorns, American Redbuds, Golden Raintrees. <3 <3 arborday :) I suspect I'll have to give some away.

I wonder what my neighbors think of trees, and what the polite distance is. My next house needs a small orchard. ;) Just in case, I did a bit of searching. The laws seem to be what I expected.
1)"My neighbor's tree overhangs my property. What are my rights?"
Traditionally, a property owner had full right to all of his property, from the center of the earth to heaven. This made sense at the time of the Magna Carta when British common law began, but has been sensibly limited with the advent of airflight.

Although you may cut tree limbs and remove roots from your neighbor's tree where they cross over the property line, you cannot do so if it will damage the continued viability of his tree.

2)"The recent storms knocked down my neighbor's tree limb onto my property, causing damage to my house/car/lawn furniture."

Whether the tree limb had overhung the property does not matter. The neighbor is only responsible for negligence: If he was careless, he is responsible; if the damage was from an act of God, the neighbor is not responsible.

If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, he is responsible for resulting damage when a storm causes the limb to fall. If the tree was well maintained and a storm knocked it down onto your roof, the neighbor is not responsible.

3) His tree has grown wider, encroaching onto my property [or pushing aside my fence].
This is a continuing trespass and the neighbor must remove his tree (regardless of how long it has been encroaching).

[A boundary tree is one planted on the boundary. It cannot be removed without mutual agreement.]

4) His leaves keep blowing onto my yard. And they blocked my gutters causing damage to my house. Tough. There is no liability for leaves which are natural products. [Common law developed in an agrarian society.]
The same source also listed this, under Ugly House:
My neighbor painted his house purple.
There are no limits on bad taste unless CC&Rs are recorded locally on the land records.




mm.. sexy, want... laceleaf...
(Note: these look more like bushes than trees, and are not what I'm getting above.)
Comments 
13th-Mar-2005 02:22 pm (UTC)
Is that really right? You join for $10 and they send you ten trees, postage paid? Is there a catch somewhere that I'm missing? The site doesn't seem to give that much information about the details of membership.
13th-Mar-2005 03:00 pm (UTC)
Seems so! :) Their shipping is a flat $5/order anyway. :) All their prices look great. Nothing happens for a couple months, but... mm... trees. I'm going to run out of space. ;)
13th-Mar-2005 04:19 pm (UTC)
Once upon a time when i was still in seattle, i planted 3 baby sakura trees in the backyard.

then i moved away to troy right after the first sprout became visible... :(

i wonder how they're doing right now....
14th-Mar-2005 05:02 am (UTC)
Ooooh... I want a purple house!
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