Here is my two cents...

From your message I understand that the tree trunk is entirely on our property and branches 
overhang the condominium fence.  If so, then the tree belongs to Ashford.  

The condominium probably has the legal right to trim branches up to the property line, but may not go on
our property or destroy the tree.  

A landowner is generally not required to trim its tree unless it knows the tree to be dangerous or the tree is
obstructing a public road.   A landowner can't be negligent unless they have legal duty to do something.  Since
the condominiums concern appears to be aestetics and not safety, there doesn't appear to be a "negligence" issue.
Further, a landowner isn't negligent for natural conditions such as a tree falling onto others property during a storm 
unless the landowner knew the tree was unstable prior to the storm.  

If the condominimum choose to sue the church for failure to maintain the tree, they would have to do so on a "nuisance" theory arguing that thetree interferes with the use and enjoyment of their property.  Still to prevail on a nuisance theory they would probably have to argue that the tree was dangerous.

Bottom Line:  We don't have a responsibility to trim the tree, but it seems sensible to let the condominium trim the tree so that issues don't ever arise later if a storm blew limbs down.  
    



-----Original Message-----
From: Chris.Sanguinetti@stpaul.com [mailto:Chris.Sanguinetti@stpaul.com]
Sent: Tuesday, October 09, 2001 4:05 PM
To: ashfordumc@aumc.org; scorman@enron.com; e_turney@hotmail.com
Subject: Cutting Trees & Brush along our fence 


Greetings:

I spoke with Connie of Hunter's Point condominiums who asked that if they
could cut the trees and bushes along the fence line we share.
She said its on our property and thought that we should cut it since it is
on our property and blocking the view of the residents of the complex.

Advised her that it is currentl y not a problem for us and if Hunter's
Point trim the trees and bushes they must clean up any cutting and not
leave them on our property. Connie advised she would check with their
landscape company and advise.

Shelley, can you advise if we are required by any law to trim the trees and
bushes which block the view of an adjoining resident, I guess for good
neighbor policy and as we are a church we could do our civic duty, this
also raises the question, if we are blocking their view now, what happens
when we build the new Sanctuary and they have a problem with our roof
blocking their view?

Thanks/Regards

Chris Sanguinetti
St Paul Global Marine
ph - 713 260 9791
fax- 713 260 9795