More on property lines

Q. I read your recent column “Where’s the property line?” and I have a different question about a property line. My neighbor has trees that overhang my property. Between tree sap and bird droppings, I can’t keep my cars clean. One day after visiting the car wash, my cars look horrible again. This problem has been exacerbated by my neighbor’s decision to put a bird-feeder in their backyard. For the past few years, I used a canvas-and-pole carport to protect my vehicles, but I got rid of it after it was damaged by unexpected severe weather, and I’m reluctant to spend hundreds of dollars to replace it as a temporary solution. Paying thousands to have a permanent carport constructed is beyond what I would consider spending. My neighbor trimmed the lower overhanging branches but says that trimming the trees to the property line would compromise the aesthetics of their shape and possibly affect their health. I like my neighbors but I also would like to know what my rights are, and if you have any suggestions.

A. You probably can’t wait for the next high windstorm with the hope of natural tree removal, but even though you do have rights, the problem is stickier than the sap dripping onto your newly waxed vehicles. Ask three attorneys and you’ll get at least four opinions — at least that’s what I did, and what I would suggest. On the one hand, there are “air rights” over your property, allowing you to trim any branch over your space. But trimming back the trees can kill them prematurely, making you responsible. If there’s no record of attempts to compromise with the neighbor, you have maliciousness to account for. It gets worse. So consult an attorney to see if there is a reasonable, legal method of at least properly communicating the damage your neighbor’s trees are doing and to try to reach an agreement about how to handle the situation without escalating damages.
My father’s method was unforgettable. He was a strong but silent engineer who gave everything a lot of reasonable thought. You could push him only so far, however, at which point he basically lost it. Growing up, we had an amazing garden, covering close to half an acre and with almost every fruit and vegetable possible. Our neighbor purposely planted tall plants, blocking our south sun. After many attempts and outright rude rejections, my father “trimmed” the trunk of each shrub, killing the plants. They wilted, fast. The neighbor came out screaming and threatening. Forty years later, those plants are still not replaced. As for the shelters you mentioned, there are zoning restrictions and permits required, even for the “temporary” car shelters. Good luck!

© 2012 Monte Leeper. Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.