So until you can cut all that growth down what's the issue with him
cutting some branches off from your side of the fence? What's he
supposed to do, cut them off where they protrude from his side of the
fence? That will look pretty stupid.
However it is my growth, growing from my soil. Is he allowed to determine
what saplings or undergrowth come out of my soil. I understand if it
protrudes or overhangs on his side of the property line he has rights to
prune and trim as he sees fit I would say. He should be able to prune and
clip up to a vertical plane that extends halfway into the fence.
The issue I raise is does he have a legal right to deliberately reach over
and down to my soil and prune at the ground my "ugly weedy" saplings. He
decided that day to determine what I should be growing or not growing.
I don't really know what the answer is, although I wish the guy had
introduced himself and asked permission first. I'm not upset at the matter,
just wondering who gets what rights. My wife, now she's the one upset with
I think several of us have told you what the answer is. Unless the
is very peculiar where you are, he legally can't reach over the fence
back the ugly weedy saplings beyond the property line. However, it's
becoming more clear there are two sides to this story. You chose to
spend your time and money upgrading the inside of your house and
neglected the outside. Those weedy saplings are growing through
the fence and the neighbor has to look at them. If he just pruned
back to the fence on his side, it would still look like crap and in
a few weeks or less, they would be protruding again.
Should he have asked you first? Yes. But, given the circumstances
and your reaction, I'd say the more reasonable
person here is the neighbor. He didn't prune one of your prime trees
even a tree at all. It sounds like what he pruned amounted to weeds
and now your wife is all worked up over it. And I think to some
you are too. I see more problems brewing.
Current thread is an example of why, when I hit the lotto, I'm gonna buy
and build where I can have at least a 100-foot strip of trees between me
and the neighbors. Maybe put up a single non-barbed dayglo orange wire
to mark the boundry, at a non-hazardous height, with suitable signs, to
discourage open and notorious self-made easements. Nothing nasty or
ugly, just something to keep the neighbors honest, and hunters out.
(around here, too many of them think fencelines don't apply to them.)
I have a saying I apply to all my neighbors (and I hope they apply it
to me): "If that's the *worst* thing they do, then I've got a pretty
decent neighbor." It helps keep this kind of stuff in perspective.
Yeah, it's quirky, it's annoying, but it sure as hell beats having
drug dealers, vandals, or petty thieves living next door. I'd rather
have to deal with comparatively small-time stuff like this.
Speaking of which, I have a slightly weird neighbor problem. I have
several big gardens on my property. It's quite pretty and people like
to walk by, come on up and visit. Fine by me. But...every so often,
somebody stops by when I'm not around and _adds_ something to my
property. Like a bird feeder. Or a bat house. Or cutesie lawn or
garden ornaments (those are the worst). I'm sure they mean well and
are just trying to show their enjoyment of my property. But sometimes
it puts me in an awkward position. Here's another mystery gift
appearing on my property, and I think it's hideously tasteless. But if
I remove it, I hurt somebody's feelings - whose, I have no idea.
Nobody ever admits to gifting me with this stuff.
It's a whole lot better than having stuff stolen, which is what
property owners usually have to deal with, so it's one of those "If
this is the worst I have to deal with, I'm lucky" things.
That's hilarious....and rare! I'd be dying of curiosity to know who
gifted me with stuff like that. My guess would be a very good friend :o)
For the OP, I hope the "property rights question" becomes "how can we
remain friends". The law is only the basis for the issue, and might be
a long way from being a solution. I'm curious about keeping weed trees
going among the desirable plants, and why they are allowed to grow
through the fence....I KNOW one has the right to grow whatever...if the
fence belongs to OP, then he's allowing trees to damage the fence. If
the fence belongs to the neighbor, he really has an interest it keeping
the stuff from growing through the fence. If the OP is not ABLE to keep
up with the landscaping, a deal with the neighbor might help get it
done. I hope you all make nice and become friends.
On 6/21/2011 11:03 AM, firstname.lastname@example.org wrote:
Chuckle. In high school, my kid sister and her friends used to plant
flocks of cheesy pink flamingos on lawns at times. One of her crowd had
a dirt-cheap source for them. Not sure what criteria they used to pick
I just get paintballed or TP'd.
Well, I just hope they were gifts and not simply relocated
I seem to recall swapping some garden ornaments between two
adjacent homes during my misspent youth.
But that was back in the days when ordinary folks had a sense
of humor and didn't feel the need to immediately call the
cops and then lawyer up for a civil suit.
| Malcolm Hoar "The more I practice, the luckier I get". |
You have yet to tell us which side of the property line the fence is
on. I have never heard of a fence being exactly on the line. Who
originally paid for the fence and its installation?
Built 43 years ago by the housing developer. It's a 43 year old cedar slat
fence that my survey (dec 2009) says is the property line.
Most houses around here have the fence on the property line and the only
time they don't is when spats or fights break around and the fence shifts to
one side because of it.
In that case, he is reaching to your property. My neighbor (we have no
fence) has come on to my property to trim things too. I usually thank hem
for doing so. Probably what your wife should do if he is cutting weed back.
I'd like to see a picture of what henchman says are his plants or bushes or
trees, and what the neighbor considers weeds. Maybe then we can judge who
is right to remove them or not. Not that I would really encourage going
onto another's property to do weeding. But then,spouse does it all the
time to help the old widow next doors.
If you read the original post there is already a "hedge" of cedar,
probably leyland cypress. Subsequent posts suggest the yard was
neglected for a number of years prior to this. It's likely the
"trees" in question are trees that sprang up naturally from seed and
remained because no one was keeping the area between the fence and the
"cedar" trees maintained.
The op stopped replying after a number of people pointed out that
while he was technically right he was also being excessively anal.
And that until he was ready to maintain the area he probably shouldn't
worry much about how his neighbor prunes trees that stick through the
You really see a more probable conclusion based on what has been
yep. i think you're ASSUME-ing the type of trees, the type and height of
fence, and whether the 'weeds' were actually seen by the OP when he moved in
or in walks around his property that he intended to leave in place.
with a nosy neighbor with a propensity to mess with my property, and gaps
between the trees, i'd want my hedge to fill in and make it solid to about
in my area, it's very uncommon to have backyard fences and thus it's hard to
see where actual property lines are. my neighbor is a small B&B. all this
spring, i had strangers wandering around in my backyard taking pictures of
the cacti in bloom. bothersome, to say the least, although none had the
temerity to bother anything.
While I agree a picture would seal the deal, I have to agree with
we have a pretty good idea of what's going on. The OP stated that
the property had not been maintained for 7 years when they bought it
and they chose to work on upgrading the interior first for some
additional period of unkown duration. In the first post he described
"On MY side of the fence are thick cedar trees that go about 15 feet
Scattered throughout the cedars are small trees (not cedar) or
that are growing and poking thru the fence into the neighbours sides.
the neighbour decided the reach over the fence line and clip the
those little weedy trees that are growing from my land in-between they
cedar tree barrier"
In a follow on post he called them ugly weedy saplings. I think from
that, you can figure out what's going on with a fairly high confidence
level. The OP made no claim that the weedy saplings were
part of any screening plan or of any value to him at all. And it
like the cedar trees already provide a screen.
On 6/22/2011 11:44 AM, email@example.com wrote:
If the OP is still reading: please consider your neighbor's point of
view. Trees on the property line are nothing but a *huge* headache.
They are guaranteed to make trouble. Your neighbor waited for two
years for you to clean the trash trees out, but you didn't. He
should've talked to you about it. If he'd been upfront and said, these
trees are not gonna provide any benefit to you and are going to be
nothing but trouble for me, and then offered to clear them, you
probably would've been happy to let him do it. On the other hand, if
you'd balked, he would've found himself with trouble, and he would've
had to resort to surreptitiously dealing with the problem.
You offended him by continuing to maintain a nuisance on your property
that adversely affected his, then he offended you by taking matters in
his own hands. Consider it even and move on.
He most likely had no right to do as he did. Good start to a huge,
expensive dispute....best to calm it now and perhaps do as he asks.
Keeping egos out of it, getting rid of weed trees probably needs to be
done and would be good for you, your yard and the fence. Good luck.
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