Be a Good Neighbor – It’s the Law

As if the government wasn’t intrusive and overbearing enough, have you ever considered that there are LAWS that govern you in your own yard? All in the name of civility and keeping the peace, I suppose, but sometimes…

Take trees for instance. In some areas it is illegal to plant certain trees; they may be considered invasive, may attract nuisance wildlife, or may have been overplanted in the past. That goes for some grasses and vines, as well. Check with your extension agent to be sure.

Can you cut down a tree in your own yard? Well, yes, around here you probably can with no repercussions, but in some municipalities you must obtain a permit before removing a tree.

Okay, so your neighbor’s beautiful maple tree has branches that hang over into your yard. Glorious color in the fall, nice shade in the summer. But somehow when the leaves fall, they all seem to end up in your yard. Can you cut the offending limbs, or not? Yes, you can. I wouldn’t advise it though without discussing it with your neighbor first. A similar situation occurred on the edge of my property several years ago, where offending limbs from my trees hung over the new neighbor’s driveway, supposedly scraping the top of his car. I came home one day to the sound of chainsaws whining and limbs falling. Well, needless to say, my first verbal encounter with that new neighbor was not pleasant. Frankly, I don’t know what the law is in this area, but if he had only talked it over with me first, my reaction would not have been so violent. Now he’s just the guy that lives next door, not a neighbor.

Similarly, if a tree’s roots extend into the property next door, they can probably be pruned legally. And again, it’s wise to inform the tree’s owner before taking action.

Here’s a good one: tree fruit belongs to the tree’s owner. When it drops, however, it usually belongs to the owner of the yard it falls in. Unless the deer get it first, of course.

If there aren’t setback laws that apply to trees or hedges in your area, there probably should be. When one plants a sapling or a row of shrubs that will become a hedge, it’s easy to plant too close to the street or sidewalk because most folks fail to take into account the full-grown size of what they’re planting. If there are no such laws, consider the street or sidewalk traffic to come.

There’s a guy across the street whose passion in life is cutting grass. It’s obvious because regardless of the time of day, be it before daybreak or in the dark of early evening, during grass cutting season, he’s motoring around on his mower. If he thinks at all, he must believe that just because he’s awake, so is everybody nearby. Beyond the issue of ordinary consideration for the other guy though, one should realize that in some areas noise pollution is a matter of law. Leaf blowers, chainsaws and lawn mowers can be really annoying noise makers. Some towns restrict the hours of operation, the number of machines that can be used at once, or the decibel rating. I’m not sure, but I imagine the decibel level of a riding mower must compare closely with that of the concerts we attended back in our younger days. While we can use ear protection for ourselves to prevent hearing loss, we should consider the effect of the racket on our neighbor’s ears as well.

Around here, the most prevalent laws about construction apply to buildings and setbacks. But gazebos, sheds and other outbuildings may require a building permit if they are of some size. Masonry structures, like barbecues or patios, are usually exempt from the building permit requirements.

Swimming pools, alien plants, wetlands, endangered species, pesticides – all of these should be considered before plowing ahead with that landscaping project. Check state and local laws if you have any questions. But above all, think about the folks around you and how your plans might interfere with theirs. Talk it over. Be a good neighbor.