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Any Louisiana attorneys on this site?

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Old 08-09-2018, 05:56 PM
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Default Any Louisiana attorneys on this site?

I have a quick question. I have a good size crepe myrtle tree in my back yard that hangs over a common fence into my neighbors yard. What does Louisiana law say about my responsibility for the overhanging branches. The branches are not over any structure in his back yard and the tree is healthy and sound and not prone to falling over.

What are my rights if he poisons the tree?

I want to be a good neighbor but want to be prepared if there is any disagreement on this. He has complained.

A PM will be fine if you prefer.

Thanks in advance.

Charlie

Last edited by ccm71118; 08-09-2018 at 06:32 PM.
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Old 08-09-2018, 06:18 PM
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X2. If there are any attorneys practicing personal injury law in the New Orleans area. Please send me a PM
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Old 08-09-2018, 07:01 PM
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The damage by a crepe myrtle limb would probably be less then the attorney fees or either of your insurance deductibles. He will probably pour salt on the roots or put in the sewer lines. Old school trick
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Old 08-09-2018, 07:05 PM
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Originally Posted by ccm71118 View Post
I have a quick question. I have a good size crepe myrtle tree in my back yard that hangs over a common fence into my neighbors yard. What does Louisiana law say about my responsibility for the overhanging branches. The branches are not over any structure in his back yard and the tree is healthy and sound and not prone to falling over.

What are my rights if he poisons the tree?

I want to be a good neighbor but want to be prepared if there is any disagreement on this. He has complained.

A PM will be fine if you prefer.

Thanks in advance.

Charlie
Why not be a good neighbor and trim it? He has a right to unobstructed space over his lawn. It's a crepe myrtle. You can't kill those things!
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Old 08-09-2018, 07:27 PM
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Call your parish code enforcement dept and they will tell you how they are handling the universal muni code for their jurisdiction.

In general, he can cut branches that overhang as long as it does not jeopardize the health of the tree or render the tree so lopsided as to likely fall towards your house in a storm. They may make you hire a certified arborist to submit a report of what branches can/can't be cut.

As hthoang says, this is much less of a deal for a crepe myrtle as it would be for a large oak or other large/old tree.
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Old 08-09-2018, 07:40 PM
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I will answer as a licensed Louisiana Arborist and quote the LA revised statutes that pertain to this.
Art. 687. Trees, bushes, and plants on the boundary.
Trees, bushes, and plants on the boundary are presumed to be common unless there be proof to the contrary. An adjoining owner has the right to demand the removal of trees, bushes, or plants on the boundary that interfere with the enjoyment of his estate, but he must bear the expense of removal.

Not relevant to what you describe.

Art. 688. Branches or roots of trees, bushes, or plants on neighboring property.
A landowner has the right to demand that the branches or roots of a neighbor's trees, bushes, or plants, that extend over or into his property be trimmed at the expense of the neighbor. A landowner does not have this right if the roots or branches do not interfere with the enjoyment of his property.

The last line of art. 688 is the most important line. Your neighbor has to prove that they are interfering with the use and enjoyment of his property. I, as a licensed arborist, am not allowed to prune your trees that overhang his property without your written permission. Bottom line... if he cuts your tree without your permission, he will be liable for damages if you choose to pursue it legally. If he poisons your tree, he can be criminally prosecuted. Remember the Alabama fan that poisoned the Toomers's corner trees? He went to jail.
I agree with the other posters that say being a good neighbor is best but you are under no obligation to prune your tree because your neighbor wants you to unless he takes you to court and proves what I said above. My advice would be to allow him to engage the services of a licensed arborist to have the tree pruned.



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Old 08-09-2018, 08:03 PM
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Louisiana revised statutes supercede any local code in this matter.
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Old 08-10-2018, 04:31 AM
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My neighbor let’s his bushes grow high over the fence and over into my side... i find concentrated roundup solves the problem
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Old 08-10-2018, 04:33 AM
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Originally Posted by Cocorick View Post
Louisiana revised statutes supercede any local code in this matter.
That's the La Civil Code but you're right. It covers the interaction between the neighbors vs local code that may cover a homeowner's own responsibility.

Years ago I represented a homeowner that took it upon herself to trim s neighbor's russian olive bushes that had grown onto her property. The neighbor sued and we actually took it all the way to trial. By that time, those bushes had grown back. The judge found a technical violation and awarded about $100. If I recall, you have to make written demand for the offending neighbor to trim. Again, be a good neighbor and just trim it. Won't hurt those crepe myrtles!
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Old 08-10-2018, 05:27 AM
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We need pics of said tree.
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Old 08-10-2018, 01:00 PM
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I'm the OP and want to thank everyone who offered their advice. Some have said "be a good neighbor" and this is my intention. I just wanted to know my legal options if that effort went south.

Thanks again and have a great weekend.

Charlie
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Old 08-10-2018, 01:20 PM
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I'd just bang the neighbor's wife and be done with it.
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Old 08-10-2018, 02:45 PM
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Originally Posted by Paul Barnard View Post
I'd just bang the neighbor's wife and be done with it.
we are gonna need naked pics of said wife
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Old 08-10-2018, 03:34 PM
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Originally Posted by bluffman2 View Post
we are gonna need naked pics of said wife
B2 - since when did THIS qualification come up???? So..... confused!
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Old 08-11-2018, 02:25 PM
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Originally Posted by Paul Barnard View Post
I'd just bang the neighbor's wife and be done with it.
Does that include being a same sex couple? The franks and beans type?
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Old 08-11-2018, 03:06 PM
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Look at La CC Art. 688
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