:-o This has been bothering me and wanted to get some opinions. I have a duplex that I am renting out, and there are carports on the end of each unit.( I have owned this place for 13 yrs.) Along side the carport is a fairly new 6' cedar fence, and right along side the fence is a 3 1/2' strip of dirt with nothing growing in it at the moment. Here is the problem. A couple months ago I noticed a very small Mimosa tree that the close neighbor over the fence had planted. (It looked like maybe someone gave her a seedling from their yard). From my cedar fence to her foundation I would guess is no more than 4'. This neighbor is actually a renter and we haven't really gotten along too well since she moved in 3 yrs ago, (she was quite snooty from the beginning) So we basically dont speak. What do I do when the mimosa gets wide?over in my carport?& up on my carport shingled roof? no doubt she did this just to irritate me. The small seedling is now about 7+feet tall. This will be a huge tree and seems to me that it will outgrow the small space very fast. Do I just cut the part that hangs over on my side and what about all the messy pods and sprouts and paying a man to take care of this will cost me. Any thoughts on my dilemma? moderator's note: moved topic to more appropriate forum
Looks like I am the first to reply to this. First of all, a mimosa tree is indeed a beautiful tree. It's got it all. nice blooms, cute delicate leaves, despite all the mess it's making in the fall. I have a very small mimosa tree in my garden, and I can't wait for the time when I get all the problems you anticipate - the dead leaves, the spent flowers, the seedlings... I don't think she planted it with the idea on her mind that this will bug my neighbor ( = you). She may just well be a lady who thought a nice tree in her yard would look nice.
40mills there is no law preventing any person planting or growing a tree anywhere on his/her property - at least not here in the UK. Neither is there any restriction upon the size to which they can grow it. Common law here allows you to prune unprotected trees and hedges overhanging your land and the roots growing under your land up to your boundary without the consent of the owner, but you must not trespass on to your neighbour's land to do this. You must offer to return the wood and any fruit attached to the branches you cut(or which has fallen on to your land.) However, you do have a duty of care for the tree and may be liable for damages if any work you do (or ask others to do for you) causes the tree to die or become dangerous. If the tree is protected by a preservation or conservation order then this common law right is void and consent must be sought from your council tree section before any work takes place. It might be a good idea if you could find out what the common laws in your area allow you to do in a situation like this. Alternatively you could take your courage in both hands and invite your neighbour over for a cuppa and discuss the situation with her. Maybe her 'snootiness' is hiding low self confidence. You might be surprised and find you've made a new friend. :-D
Yes, Mimosa Trees are very beautiful, however, in warmer parts of the US, they are very invasive. If you are in Sacrimento, California, I can understand your concern. I do not know the laws for your area, but having this tree so close to your property will give you more work than you'll want. My sympathies are with you. Mimosa Trees are still widely sought after here, although they are all over the roadsides. :'(
I'd suggest discussing this with your neighbor. Maybe she'd offer to maintain/trim it if it ever became a problem.
I read that the spread on a Mimosa tree is 25'-35'. This means the majority of the tree will actually be growing on my side. When it is full grown it will be growing into my carport. Not to mention what it may do to the cedar fence. My plan is to just cut all of the branches off as they grow past my fence line. It's going to look awful. This area gets maybe 4 hrs direct sun only. I think I'll plant a huge oleander on my side right next to it
The question is not whether the plant/tree/shrub is "nice" or not. The problem is "where" she planted it. Only a few inches from the fence, and in an area that totals about 6' wide and the full unbrella shaped tree will get 25'-35' wide.
40mills I think you said she rents from you ?If from you can do something about it .If not do you know who she is renting from if so see if you could talk to the owner.It might be the way to get something done about the tree. I have no problem with the Mimosa's.I can see your problem with it .
When you plant a tree that gets 25-35' wide wedged into a space between a fence and a foundation that's only 6'wide you have a disaster.
The owner next door apparently gave her permission. I have no problem with Mimosas IF they are planted in the right place.
I understand that the Mimosa can be a problem.You could ask the real owner if they know how big this tree will get.If it messes up your fence you will sue him for damages .Maybe that would work .
Mimosa's are high maintenance trees, expecially where she planted it. There will be lots of pods to rake and lots of extra work for me. Having to hire a guy to come out and keep all the branches on my side cut and hauling to dump extra time and money.
Contacting a lawyer to see what your property rights are might help. I doubt that you have any in a circumstance where the tree is still immature and not causing damage. Even after it starts dropping seeds on your yard there probably isn't anything legal you can do, except keep the limbs cut off at the fence line. When it gets large enough to cause damage to your fence or roof then you might have a case. Have you considered mounting two really tall metal poles right next to the fence but about 25 feet apart and install screening like they use at driving ranges to keep golf balls from going astray and hitting cars or buildings. That should be strong enough to prevent the limbs from reaching over the fence to your roof and will certain contain the seeds on the other side.
Your best bet is with the owner of the property. They are the ones that are ultimately responsible for any damages especially if they gave permission to plant the tree. The renter can move but they still own the house. Could be that they do not even know how big the Mimosa will be. Not only can it damage your property it can damage theirs as well. Walkways, outdoor areas, foundations can all be damaged. Could even make it harder to rent in the future if its not taken care of properly and most property owners do not like high maintenance.
