Neighbor Problem

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wrote in message

anything.
be
You
asses
they
steps
check
tell
i was

were in

here is

yard.
Now
You are

your
hanging on

your
the
I would just cut them branches with no fanfare at all.....
And then when he comes over to bitch about it, I'd tell him to get the hell offa my property and when he don't leave immediately call in the cops on him for tresspass.
--
SVL







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=======================\\/======================= To be honest that is exactly how I would handle this situation....
IF I were a thinking man I may as my lawyer for his opinion...BUT in either case those branches would be trimmed .. or ...I would become creative ...lol
If he tried to sue me I would me laughing my ass off
Bob Griffiths Thanking the good lord that I have excellent neighbors
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In alt.home.repair on Fri, 17 Jun 2005 23:10:40 -0500 "TURTLE"

You still use French law, though, don't you? Seriously.
I don't know French law, but if you have to clean up the mess, you probably get to keep the wood. In British law, the baron or whoever owned the land got a share of all the crops and fruit that his tenant farmers, or serfs, or whatever sold. But if the wind knocked over a tree, the tenant got to keep *all* the money he got for it. That's why it's called a windfall.

Meirman -- If emailing, please let me know whether or not you are posting the same letter. Change domain to erols.com, if necessary.
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clipped

Somewhat true where I live. You can trim what is over your land UNLESS the tree is owned by the city. Also, cannot mutilate trees (cut all limbs from one side, etc). I can see why there are such laws. For every law, there must have been at least one a--hole :o)

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Wow, how true. I never thought of it that way.
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Norminn wrote:

    Interesting thread, and SAD Smitty has such a neighbor. I agree with the above comment however. You have the right to remove limbs that obstruct YOUR use of YOUR land, but you do not have the right to cut limbs just because they overhang your property. If it were me and I had been threatened with a suit by the neighbor, I would first tell the police of the incident and ask them to explain the law to your neighbor. Then I would trim what was necessary and stay on your own property while doing so.
    It does not sound like Smitty wants to destroy the tree, but just to be able to use his land. Trees are an asset even when they exist on a neighbors property.
Ken

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72
he
It's
just
this?
around
check
hours
good
I don't know - that plan didn't work out so well for the Rolling Stones at Altamont.
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"JRanieri" <heck no> wrote in message

This is Turtle.
Rolling Stones ask the others party to come over to deal with. have a Party but don't ask the other party to come over on your property.
TURTLE
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Since your neighbor has started woofing, I would suggest you contact the city, or local government (not the police) and ask for their help. In my town, I'm pretty sure they would look at the situation, then they would advise your neighbor to trim his tree. If he refused, the city would trim it and bill him.
While it is common in the US that you have the right to trim anything that overhangs your property, there are more and more places that place restrictions on cutting trees (usually on removing them), so I think involvement of the local authorities would protect you.
After he trims the tree, thank him. No use in letting bad feelings fester.
By the way, its almost certain that he would not sue you for trimming the tree. Threatening to sue is almost always just talk, and if he actually went to a lawyer, it would end when the lawyer asked for a retainer.
Smitty Reeves wrote:

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Threatening to sue is usually the first response of the powerless. Anyone truly intending to sue would just keep quiet and let a letter from their attorney do all the threatening they need.
I recently was threatened with a lawsuit for terminating an hourly contractor prior to the entire job being finished. I let him rant on the phone for a bit and told him that I didn't think a lawsuit was really in his best interest but that if he insisted on it that he should simply have his attorney contact me. Haven't heard from him since.
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Smitty Reeves wrote:

In CA not only can you trim a neighbor's tree branches and roots that encroach onto your property back to the property line, in some instances you can recover the trimming costs and/ or costs for repair of damages caused by that neighbor's tree branches or roots. Providing you do not destroy the tree(s).
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You'll have to check local laws on this. I bet you can legally trim any branches that get in your face while mowing, as long as the cut is directly over your property. I have done this myself. And yes, it is annoying for branches to hit the face.
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While you are trimming the branches you can accidentally drop the saw and maybe it'll chop off the neighbor's head.
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<DIV>One of my neighbors has a giant maple tree overhanging my side yard.&nbsp; At 72<BR>years young, I still mow my own grass.&nbsp; I keep my own trees trimmed so I<BR>don't have to do the duck &amp; weave while mowing.&nbsp; I asked my neighbor if he<BR>would mind if I trimmed his tree because of the obstacle it creates. It's<BR>not like I'm going to be climbing on a ladder to trim this thing, but just<BR>so it doesn't smack my glasses off.&nbsp; The young man let go with some four<BR>letter words, with finishing he will sue me if I touch his tree.&nbsp; What<BR>happened to the country we used to live in?&nbsp; Do I have to put up with this?</DIV> <DIV>&nbsp;</DIV> <DIV><FONT color=#000080>Since the neighbor "won't" allow you to trim the branches on your side of the fence, explain that if you are harmed by his tree that you will sue him for your injuries.</FONT></DIV></BODY></HTML>
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I have the belief that even though the tree is in his yard the branches that come across the property line are yours to cut or trim. Do you have a city or town official to call and ask? JD
<DIV>One of my neighbors has a giant maple tree overhanging my side yard.&nbsp; At 72<BR>years young, I still mow my own grass.&nbsp; I keep my own trees trimmed so I<BR>don't have to do the duck &amp; weave while mowing.&nbsp; I asked my neighbor if he<BR>would mind if I trimmed his tree because of the obstacle it creates. It's<BR>not like I'm going to be climbing on a ladder to trim this thing, but just<BR>so it doesn't smack my glasses off.&nbsp; The young man let go with some four<BR>letter words, with finishing he will sue me if I touch his tree.&nbsp; What<BR>happened to the country we used to live in?&nbsp; Do I have to put up with this?</DIV> <DIV>&nbsp;</DIV> <DIV><FONT color=#000080>Since the neighbor "won't" allow you to trim the branches on your side of the fence, explain that if you are harmed by his tree that you will sue him for your injuries.</FONT></DIV></BLOCKQUOTE></BODY></HTML>
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One action you should take is to take as many photographs as you can to document the problem and also to record your afterwards (trimming) solution Take some photos showing how the overhang is interfering with your mowing, creating debris, too much shade, etc. That saves a lot of I said - you said arguments when it comes to a complaint before an arbitrator or judge. I love digital cameras.
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I thought it was mostly gals who got upset over "tone of voice". Most guys tend to be rather literal about things.
I'd suggest if you don't like his approach, to tell him that in person. Politely. See if perhaps he can change his approach.
--

Christopher A. Young
Learn more about Jesus
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Stormin Mormon wrote:

> --
> Christopher A. Young > Learn more about Jesus > www.lsd.org > www.mormonsrmorons.com
And not tell him about the Book of Mormon?? Bet you never made it past Teacher classification.
You'll never get your own planet at this rate.
-- Learn more about the false religion of Mormonism www.carm.org/mormon.htm
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Sheesh! Why is that guy (Smitty's neighbor) freaking out over some branches? Some people...
I've got exactly the opposite situation: the offending trees are on my property, and the branches overhang my neighbor's lawn. She's an elderly widow. When the branches cause trouble, she tells me and I trim them. No big deal.
Trees have strange rules, as others have pointed out. Here's a couple of examples from NJ:
A neighbors tree fell during a storm, crossing the property line. No damage was done. After contacting insurance companies, the parties learned that they were each responsible for the part of the tree that was lying on their respective properties. However, since no damage was done, no insurance claim would be paid.
During another storm, my one of my neighbors trees fell across my property line and smooshed my fence. My insurance company paid to clean up the part of the tree on my side of line (they left me all of the stuff good for firewood), and repaired my fence. My neighbors insurance company didn't pay anything, because there was no damage on his side. I did help him cut tree into firewood.
--
Ron DeBlock N2JSO
If God had meant for Man to see the sunrise,
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If a man cuts the branches of a neighbor's tree that overhang his yard, and the neighbor is not there to hear it, will he make any noise?
--

Larry Wasserman Baltimore, Maryland
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