Utica man says city cut down wrong tree

[hans]

A Utica man says the city took the wrong tree when they cut down his Maple tree on Jeanette Drive.

Chris Charlebois says he and his family came home late last month and were shocked at what was on their front lawn.

"I came home on the 28th (December) and found half my tree cut down." Charlebois said.

"According to Roefaro, the tree, although on the Charlebois's property, belonged to the City of Utica."

So I got a tree on my property in Bardwells Mill, NY, does the City of Utica own that tree too??

[Clipper]

It is amazing how the city owns so far back from the road, but YOU are required to mow it and keep the sidewalk shoveled. Kinda sucks doesn't it. We had pretty maples in the front yard on Herkimer Rd, and the power company came along and totally butchered them to a point that we worried that the limbs all being on the side toward the house would cause them to fall on the house. They needed to trim away from the power lines, but they did not have to totally ruin such beautiful trees. When you live in the city, you don't really have total ownership and control of any of your property, between the zoning, building permits, codes, and right of ways. It is a necessary thing to a certain extent, but the city gets carried away many times and in my opinion, oversteps its authority.

[tanouryjr]

How can the tree be on the Charlebois property and the city still own it? I'm no lawyer or legal prof, but I would think a tree is considered "part of the land" when someone purchases property. Do they own the grass too? How about the dirt? Just sayin...

[Clipper]

I wonder if the key word is "half cut down". If a tree hangs over your property, you can cut off the part that hangs over your property, such as if a neighbor's tree hangs over your driveway and drops sap and stuff on your car, or rubs on your garage roof. . The city and the power company have a right to "TRIM" trees that interfere with the lines or are dangerous, but they can't cut the entire tree down unless the stump or trunk is on their property or right of way.

[dgriffin]

Where I am on a county road, it's a "right of way" issue. The county has 25 feet from the center-line of the road and can edict what's there. They can cut down trees, remove bushes, probably steal your trash can!
They're usually interested only in remedying unsafe situations, either in regard to sight lines for driving or in regard to power lines. For years now, they have outsourced the cutting work to private companies. Reactions to the job these firms do are mixed, to say the least.

[Swimmy]

Jan 21, 2009 17:31:40 GMT -5 @tanouryjr said:

How can the tree be on the Charlebois property and the city still own it? I'm no lawyer or legal prof, but I would think a tree is considered "part of the land" when someone purchases property. Do they own the grass too? How about the dirt? Just sayin...

It depends. If the tree poses a threat to the public, then the government is privileged in destroying the tree. But you are correct in your thought that a tree is considered a part of the land. The only time it becomes a "good" is when it is severed from the land.

[bobbbiez]

I don't know this as being fact but I was told by a city official that from the sidewalk to the street actually belongs to the city.

I'll try to find out for sure in the next few days and will relay what I learn.

[Swimmy]

I believe that is true. The reason for that was because it would be cheaper than maintaining an easement that could be lost over time through careless drafting of deeds such that a good faith bonafide purchaser would be inequitably prejudiced were a court to enforce the easement. Also, it makes it easier for the city to expand the roadway if necessary and to do road repairs if necessary. My parents had to put reflector posts in their front lawn because people kept driving on the front lawn. The town put the posts in about 4 feet from the road because that is where my parents' property truly began.

However, I cannot cite to a particular law that confirms this.

[Clipper]

That is true Bobbbiez. When they put in the new sidewalks on Herkimer Road, they surveyed to insure that the sidewalk was located within the right of way owned by the city. We came within a foot or 18 inches of losing two maple trees in our front yard. Also putting in a sidewalk, caused pooling of water in the center of our front yard, as it created a damming effect and did not allow the water to flow to the curb. Their answer to that problem was for us to pay for soil to build the yard up to a grade higher than that of the sidewalk, even though the slope had always effectively drained the area prior to the sidewalk installation. Thank God it only pooled in the yard, and didn't back up against the foundation or seep into the cellar.

[concerned]

Artificial tree's would solve the issue. They look so real now a days. I have one in my living room and I swear the thing is growing.

The only problem is that artificial plants seem to get more dusty that real plants. I could never understand why? I got to think about that.

[hans]

I worked with the Nia-Mo or Nat Grid tree timers in the past, if you are home on your property when they are trimming, they will work with you. But you better be there when they are starting to work @ your property. Otherwise its a butcher job.

[Ralph]

Jan 22, 2009 10:56:31 GMT -5 @concerned said:

The only problem is that artificial plants seem to get more dusty that real plants. I could never understand why? I got to think about that.

LOL! Static electricity Concerned.

[Clipper]

Hey, arificial trees have a very important place in today's society. Where else can one let their male dog lift a leg on cold days when ya don't want to take him out? LOL

[Swimmy]

True, but how are artificial trees supposed to convert CO₂ into O₂ through photosynthesis? More greenhouse gas effects...

[frankcor]

You can look on your deed map -- it'll show you how far the city/town/government right-of-way impinges on what you thought was your property. Folks should look at those maps BEFORE they close the deal.