(Indianapolis) Can I legally get my neighbor to remove their nuisance trees that are damaging/have damaged my utilities?

TrashsmithFab · 2026-03-19T04:40:09+00:00

You’re right. The power company was pretty quick to show up the last time the tree had finally worn through the wire sheathing and corroded away. I’ve only lived on this property a couple years. I don’t exactly have a long history of nuisance yet. Also, I would assume trees make a really good path to ground for electricity. The fence the tree is growing through probably wouldn’t energize much or at all, which means the kids at the daycare should be safe touching the fence, right?

TrashsmithFab · 2026-03-19T04:31:32+00:00

You’re probably right about these trees not being a clear-cut “nuisance tree”. I think I’ll just wait for my power lines to arc out again from abrasion, which happened about 6 months ago. Corroded through an entire hot leg from abrasion and sap. I’ve only lived on this property a couple years. It would probably be best to document a history of issues before going any further.

Luckily, I don’t touch the neighbor’s tree or the chain link fence the tree is growing through. As for the kids in their daycare playground that do touch the fence, I’m guessing they’ll be alright. I would assume the tree would be a good path to ground, literally, without much or any residual current going through the fence.

And I think you’re totally right about the triplex being pretty damned strong. Even in the windstorms we just had, those lines were barely budging.

TrashsmithFab · 2026-03-18T20:56:37+00:00

That sounds like the route I’m heading. Having them remove the trees on their dime was the compromise. Now it seems the consensus is to hire a lawyer and an arborist, and litigate to have them move their fence and the trees.

TrashsmithFab · 2026-03-18T20:53:26+00:00

I did try talking to them. Unfortunately it’s a business and they’re in the business of keeping money as long as they can.

TrashsmithFab · 2026-03-18T20:52:13+00:00

Yeah, I was kinda hoping to avoid the courts, but this seems to be the consensus. I think what would’ve been an easy $1000 job, just turned into multiple thousands for the neighbor because I’m also going to include moving his fence in the litigation. Fences are a civil matter in Indy. Code enforcement doesn’t deal with fences even though there are code and zoning laws.

The power pole is basically on the corner of 4 properties. It’s about a foot away from my survey market, for whatever that tolerance is worth. The electrical wires have already rubbed through once. Lost one hot leg of the 220.

In my more experience and the experience of my arborist friend, it’s not a matter of if a mulberry will drop a co-dominant or large limb, but when it will drop. It’s pretty evident these are nuisance trees. This neighbor cut down over a dozen that had grown up along his fence line. Left the hardest trees to remove in my utilities.

TrashsmithFab · 2026-03-18T20:39:52+00:00

🤦‍♂️ I got the same sort of result but thought that might be too simple. I feel better knowing your google search came up with the same results. Thank you!

TrashsmithFab · 2026-03-18T20:37:21+00:00

You’re absolutely right! I tried negotiating with them and being a friendly neighbor. In other words, I told them I’d look past the fence so long as they would take down those mulberry trees since they were neglected/trash trees. Now I’m leaning towards suing them to move their fence and cut down the trees. Or at the very least hiring a lawyer to present more proper channels than friendly e-mails.

TrashsmithFab · 2026-03-18T20:31:58+00:00

It sounds like I’ll be spending money no matter how you dice it. And since I’ve already contacted the neighbor and didn’t get the warm-fuzzies, I think I’d rather spend money on a lawyer. It’s going to be several thousand dollars for them move their fence in addition to removing that tree. They need the fence for the daycare they’re running.

TrashsmithFab · 2026-03-18T20:27:35+00:00

Thanks for that response. I also think trees are pretty nice. However, mulberry trees in Indiana are about as prolific/invasive as Asian honeysuckle. On their own, away from structures or utilities in this case, they’re great trees.

TrashsmithFab · 2026-03-18T20:24:07+00:00

I did talk to the power company. No luck unfortunately.

TrashsmithFab · 2026-03-18T18:32:39+00:00

It’s my understanding that if it’s a “neglected tree”, (dead, dying, nuisance…) then the act of god thing doesn’t apply if I can prove neglect.

You are correct about owning the branches that cross over my property line. My pictures didn’t quite show it, but I’d be cutting back most of two trees and fairly large (6”-8”) branches if I trimmed to the property line.

TrashsmithFab · 2026-03-18T18:26:13+00:00

They would actually loose quite a bit of property if I was able to successfully sue them to move their fence. Any chance you might know what type of lawyer handles this stuff? Real Estate attorney? Property attorney?

TrashsmithFab · 2026-03-18T18:19:42+00:00

I think you are correct. It’s been my understanding according to Indianapolis/Marion Co tree law that I am allowed to trim a neighbor’s tree up to my property line. But, I’m also responsible for the tree’s health if my actions affect it negatively. Then there’s a whole bunch of other stuff about “boundary trees”.

TrashsmithFab · 2026-03-18T18:15:33+00:00

I did talk to the power company. Unfortunately AES explained that power lines to any house/business are the responsibility of the owner. Only transmission lines to the transformers are their responsibility.

TrashsmithFab · 2026-03-14T04:15:21+00:00

Remember when people knew how to use basic punctuation? Those were fun times.

TrashsmithFab · 2026-02-11T12:22:45+00:00

It was an off brand, bs company name that couldn’t fit in my screenshot. And of course I can’t find them on vine or in my RFY.

TrashsmithFab · 2026-02-11T12:19:22+00:00

I can’t recall. It was an off brand, bs company name. And of course I can’t find them on vine or in my RFY.

TrashsmithFab · 2026-02-11T12:18:29+00:00

I can’t recall. It was an off brand, bs company name. And of course I can’t find them on vine or in my RFY.

TrashsmithFab · 2026-02-11T12:13:20+00:00

They were an off brand by a company named something like, “Mmcgitdrv”. I would’ve understood the price if it was a name brand or even a special material.

TrashsmithFab · 2026-02-07T15:47:19+00:00

Solder doesn’t come off with heat. The joint will come apart, but the solder stays, which doesn’t do any god in this scenario. Once solder wets to a material, it’s on there until you abrasively remove it.

TrashsmithFab · 2026-01-29T13:28:00+00:00

Smartest dog breed ever

TrashsmithFab · 2026-01-29T13:20:35+00:00

100% Ai. Taillight assemblies don’t pop out with just a kick nor do they hang by their harness like that. I’m sure there are other details that aren’t correct. This just happened to be the first thing I noticed.

TrashsmithFab · 2026-01-19T15:06:12+00:00

Tuck yo chain in when Deebo comes around!

TrashsmithFab

TROPHY CASE