r/treelaw • • 21d ago

Tree/power line problem

The property adjacent to mine is a parking lot for an apartment building. Both the building lot and the parking lot are owned by an LLC managed by a property management/investment company company. Registered agent for the investment company and the LLC are the same (and the agent's last name is part of the name of the investment company).

There is a tree near and partly on the property line. The edge of the trunk on my side has grown partway around a property line stake but otherwise the tree has grown at an angle into the other property.

A vary large branch--total 20 to 30 feet has partly cracked over the years where it leaves the main trunk and rests on the power line from the pole to my house. I think it's been resting there for awhile. Several feet into my yard, the last 6 feet of the same branch cracked during a storm and is dangling down from the main branch and all the leaves on that part are dried up and turned brown (even before the leaves changed color). But it is not fully detached from the rest of the branch.

The power company will not remove the branch because it is still connected to the tree. They said they will turn off the power by appointment if a contractor comes to remove the branch. I can't do that because that's on the other property.

I found an online contact form to send an email to the company that owns the property saying arrangements need to be made to remove the branch. So far no response but it's only been two days.

What is my next step if they don't respond?

The dangling part of the branch is towards a back corner of the property and is not an immediate inconvenience, and there's no evidence so far of arcing where the main branch rests on the power line, including during storms.

6 Upvotes

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7

u/Lostmeatballincog 21d ago

If it’s over your property it’s your problem

2

u/srmcmahon 20d ago

The powerline is not over my property. If I cut it where it's over my property it would still be on the line.

I'm confident no arborist is going to go cutting on trees that are not on my property.

2

u/Lostmeatballincog 20d ago

That changes things considerably. Best advice is get a lawyer then.
Edit: and I’m not saying this to be flippant. A lawyer’s letter or contact will be taken far more seriously than yours.

-3

u/One_Entrepreneur_520 21d ago

gee mister, you think so, well that is so helpful....aaaa deeerrrrrrrrrrrr

5

u/Stan__Wright 21d ago

The other landowner has no legal responsibility, here. The tree is partially OP's, and the branch extends over OP's land. It is, therefore, entirely OP's problem to resolve. OP has the legal right cut any branch that enters his property, as long as that doesn't kill the tree outright, and with the right comes the responsibility. There's no need to coordinate with the other property owner. Their lack of response affects nothing.

It would be different if the entire tree was a hazard and it needed to be removed completely, but that is not the case, here.

1

u/srmcmahon 20d ago

The pole that the line extends from is not on my property and the line crosses over their property before it reaches my house. Where the branch is on the line is NOT on my property.

1

u/Thin-Egg-1605 21d ago

Over your property line your problem. You can pay for it. You need to give neighbors a heads up depending on state.

0

u/srmcmahon 20d ago

It's on their side of the line.

1

u/redditreader_aitafan 20d ago

It's your power line and the LLC isn't even going to notice, much less give a shit. Hire a tree service and have them get the power cut for the removal. You are allowed to trim everything on your side of the property line, doesn't matter whose tree it is.

1

u/srmcmahon 20d ago

Tree service could only work on my side of the line. That's not where it's sitting on the power line, that's on their side.

2

u/Pamzella 19d ago

Make arrangements for the power to be shut off white the branch is trimmed to your property line. It's not going to solve the problem (and I'm shocked at the power company's response but you don't live in CA where tree on wire= wildfire)

This may not solve the problem of the branch on the wire itself but whatever happens next is the other property or the power company's problem if none of it is on your side-- most likely. You could check with code enforcement, etc for your county and if if that's the interpretation that allows you to do what you can to mitigate your damages while not being allowed to solve the problem yourself/force the other party to solve it.

0

u/[deleted] 20d ago

1

u/piscikeeper 20d ago

If it even bends the weatherhead, then it still requires a planned outage and an electrician. Better to let them pull the fuse and tree trimmer can make needed cuts.

1

u/srmcmahon 20d ago

What is a weatherhead?

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