Stakes in the Ground... And the Tree Limb Fiasco Begins

The stakes marking the location of my pilings have been placed! I know it's a small thing, but it's exciting just to have people working at the lot and showing signs of actual progress!

But alas, there has to be a complication. The pile driver says he can come do the job anytime now. That's great! There's just a minor issue over a tree limb that snakes across the corner of my property from my rear neighbor to the side neighbor (see graphic). The side neighbor has always indicated she would like to keep the limb for her yard, while her adult son has said he'd be fine with us cutting it down. The pile driving equipment cannot get to the piling in the corner of my garage with the limb in the way.

Tonight, I went to the neighbor as a courtesy to ask if they'd mind me cutting the limb because of the problem with the equipment. Now, the limb would have to go eventually anyway because it not only poses a danger to my fence (it hangs low), but also to the roof of my garage. After a discussion, the lady told me she wasn't willing to lose "her tree", and that I would have to get an attorney!

I believe I'm well within my rights to cut the limb because it crosses into my property. I'll verify that on Monday. And I reminded her it's not "her tree" at all, but it belongs to my rear neighbor.

When I first bought the lot and considered where my house and driveway would be, there was a shaggy-looking pecan or elm tree close to the street. It was just on their side of the property line, and some of it's knobby roots spread out into where my driveway would go. I asked her if she would consider letting me pay to have the tree removed so that the roots wouldn't interfere with my driveway. She thought about it for a day or two and called to say it was okay.

Tonight, she conitnually returned to that event saying that she did that for me when she didn't have to, and now she regrets getting rid of that tree because she loves trees. And she's not willing to give up "her tree" in the back yard. Yes, it was nice of her to let me remove the front tree. I acknowledged that and reminded her that she did not object but gave me permission. If she had felt that strongly about it, she could have said no then. However, it's a completely seperate issue. The front tree was "hers" and she had a choice. I appreciate her cooperation in that instance. This time, she doesn't own anything, and it's my right as a property owner to trim or cut a limb that hangs into my property.

It's ridiculous anyway because there are several limbs hanging into her yard from the same oak tree. Only one runs through my property. Her landscape isn't going to be drastically transformed if this one goes away. There's also more going on here than just being a plant lover. There were several untended shrubs and plants growing on my side of the property line when I had to build my chain wall. She had commented that she hated to see the plants killed. I gave her ample opportunity to dig them up and transplant them if she wanted, and she never touched them.