The Legality and Reality of Taking Down Trees

Q: 'The J Family' in Blue Bell Pa writes: "We have two big Oak trees in our backyard. Both are on the east side of the property (which is a ranch house) and so we do not get any morning sun for the flowering plants we would like to install.

One of the trees is close to our home. Some landscapers we consulted told us that oak tree roots are deep, and pose no problem. But we still worry about the tree on windy and heavy thunderstorm days. And a neighbor says we need to cut all the branches that extend over their property. On the west side, a neighbor's tree throws a lot of shade, and so our yard is deprived of sunlight.

We understand the value of trees and are reluctant to cut them. We are also concerned about the money we'd need to spend to cut them down. We have reluctantly been leaning towards cutting the trees and maybe planting one flowering tree (I like crape myrtle) away from the house in its place. We would like to hear your thoughts on the dilemma we are in."

A. This is a great question on many levels, and I urge all tree owners to pay close attention, as this advice could save you lots of grief--and money.

Let's start with the tree whose branches are extending over your neighbor's property line. Here you have no choice. Any part of any plant that crosses a property line belongs to your neighbor. For instance, if it's an apple tree, they get to pick and keep any apples on branches that cross over the line. They can also cut those branches off and use them for firewood; or, if the tree in question IS an oak, use that wood for carving or to make things.

More importantly, they can legally force you (or preferably a certified arborist that you will hire) to trim those branches, as you do not own the land beneath them. The advantage in such a scenario is that you'll have control over the cut, which should be made so that the branch collar (the raised part where the branch meets the trunk) remains on the tree. (Flush cuts are a really bad idea.)

And, of course, the same applies to your yard. If a neighbor's branches intrude, you have the right to remove them or have that neighbor do it. But this does not apply to shade, just to physical objects.

Oaks are also magnificent. They have been called 'the tree of civilization' because their wood directly helped humankind develop; and, unlike brittle or invasive trees like silver maple and 'caliper pears', like the Bradford pear, I always lean towards keeping them. And I agree with those landscapers; they are the least likely tree to fall over or drop branches during a dangerous storm.

Let's focus on the tree that's close to the house. The average cost to take down a mature tree like that is between three and five thousand dollars; maybe more if its proximity to the house and/or electric wires doesn't allow them to bring in a crane. It costs more to have the stump removed, which might not even be an option if pulling would endanger your home's foundation. And without pulling, it would be difficult to replant because of that big wooden plug in the ground.

Now the other tree. It would be the same general cost to take down the above ground growth. Now we address the stump. The arborist may suggest 'grinding' it down, which is not removal; you'd still have a big wooden plug in the ground. If you go forward with the cutting, I would suggest having them leave about three feet of the stump above ground, on which you can display annual flowers or perennials that you will bring inside for the winter.

If cost is not a consideration, you should be able to have them safely remove everything, roots, stump and all, and then you would have an area to plant. But I don't think crepe myrtle is the right choice.

One, they have traditionally been a Southern tree (or shrub) that climate change has allowed to be planted further North. But it would not survive a "Day After Tomorrow" nightmarishly cold stretch in the winter.

Two, it is one of the very last plants to bloom, which would be in late summer. Until then, you got nothing to look at.

And three, they require careful pruning in the Spring to prevent their outgrowing their spot. Correct pruning of crepe Myrtle: Every Spring, reduce the tree or shrub (crepes come in both shapes) by the amount of new growth it put on the previous year. If it was six feet tall last Spring and grew another two feet over the summer, cut it back to six feet next Spring.

No matter what, do not commit "crepe murder" by cutting it back to the ground. No matter what anyone tells you. You'd be left with an elephant's foot with tiny branches growing out of it.

And finally, consider the value of your shade as climate change marches on. Your backyard would be an outdoor haven that also helps cool the house in the summer.