Advice for managing neighbor's vines growing into in my tree
I have a mature tree (not an Oak) whose branches are overhanging my neighbor's yard. The tree trunk in on my side of the fence, so it is not a shared tree. The neighbor has a vigorous climbing vine is growing into the branches of my tree. I am concerned about the long term health of my tree with the vines growing into it. For clarity, I am not asking about his right to prune the branches of my tree which overhang his yard, I am already aware of that. Ideally one would approach one's neighbor and have a reasonable conversation about these concerns. We have a history of disagreement about property line issues, so I am seeking to understand the rights we each have in this particular situation prior to initiating such a conversation. My question is: Do I have the right to prune the neighbor's vines out of my tree branches if I am concerned they are endangering the health of my tree? This could be done from my property with a pole trimmer, without going into their yard, but would result in me removing his vines from my tree branches. Or, since the branches overhang the neighbor's yard, is the right theirs to grow vines into my tree branches?
Parent Replies
Ah... the dang tree issue. We have been dealing with on-going issues with trees with our neighbors for years. We have spoken with arborists and even a lawyer who specializes in neighbor disputes and tree issues. First step is to get an opinion from a certified arborist. They should be able to confirm whether the vines threaten the health of the tree. If the arborist says that the vines is currently impacting or will impact the health of the tree, you have the right to ask the neighbor to trim it back or ask if you can trim the vines. This is where it gets tricky. It's their vine, so your trimming cannot impact the health of their vine and should not impact the beautify of their vine. Your neighbors may have a particular opinion on what kind of trimming is acceptable to them. So, ideally, it would be the easiest if an arborist trimmed the tree so that no branch hangs over and then there's no vine issue. If the vines start growing on your side, you chop them off however you want them. if it's really that vigorous, trimming on your side should not impact the health of the vines. After speaking with an arborist, you could tell your neighbor that the arborist recommends trimming back the vine and offer to work with their gardener, if they have one, and trim the vines at your cost. That'd be the nice and neighborly thing to do. They could say, "yes". They are not supposed to kill your tree but you can't trim their vine on their property. If the issue gets extremely difficult, you can hire a certified arborist as a mediator but it's expensive. However, some trees are priceless and going to court is even more expensive.
I would ask you to consider the impact of "your" tree on "their" yard -- instead of thinking about it as "their right" to grow vines into "your tree" which is in fact growing onto their property. Just a different perspective on the issue and how it may impact your neighbor. I suggest you hire an arborist to develop a plan to trim your tree back to your fence line. Honestly, this will save you from having to negotiate about the tree and its spread with them, which sounds like it might be a better idea given the antagonism you describe, especially if you're not able to have a healthy conversation. For background, I have a neighbor who planted a fast-growing tree next to the property line/fence. It's now 20+ feet tall. Its branches overhang our fence to the extent that they are now 2 feet away from my balcony which I consider a fire hazard. It drops its leaves and flowers and seeds in my backyard which I have to clean up. And its roots are burrowing under my brickwork and patio. He has threatened *me* if I cut his branches that overhang my property because it may impact his tree and his enjoyment of his "privacy" and I have to text him (we can't talk either) so he can direct his arborist to trim the tree. It makes me upset every time we have such a negative interaction and how he is able to impact my property this way. Just food for thought on what it might be like on the other side of the fence...
You have the same rights your neighbor does; the vines that are hanging over the fence onto your yard, you can trim, just as he/she can trim the branches of your tree that hang over the fence line into their yard. Neither of you has the right to use a long handled tool to trim branches or vines in the other person’s yard, only your own.
I’ll state up front that I am not a lawyer, but I just passed my real estate salesperson exam and tree/property line issues were one of the things I read about more than once in my classes.
From what the law states, any part of a neighbor’s tree that hangs over one’s property line is able to be dealt with as one sees fit. So technically, you can do whatever you want to the vine that’s on your property. I have pulled one neighbor’s creeping vine out of our redwood, as well as cut back another neighbor’s tree that drops annoying little plums onto our driveway all while staying on our property and without asking permission. Actually did it when they were gone and neither said anything to me afterwards. So yes, legally you have every right to cut the vines back to your neighbor’s property line, just as they have every right to cut any part of your tree that hangs over onto their property. Just a matter of how you chose to approach what sounds like a bit of a touchy situation.
Your tree branch is going into neighbor's property so he/she has the right to cut it, but you can't trim their vines because it's on their property. You have the option to cut down your tree branch (which automatically solves the vines problem, or ask the neighbor to trim down their vines.
I had a similar situation with a very aggressive vine growing into my yard. I pruned it a bunch but I eventually reached out to the neighbor who did some pruning on their part. I still have my heavy-duty pruning shears though and am not afraid to use them :)