Okay, long story:Neighbor built as close to my line as possible some 30 yrs ago, about 12 ft from line-whatever thats their business. But, they left the old existing fencerow trees on their side grow, we cleaned our side out and kept it clean. There is my acre garden lot next to them and because of her constant tresspassing I had to put up a chainlink fence. Stuff like raking her leaves and brush over on my side, flinging her dog do over, when she needed dirt for her flowers she would just walk over and get a few scoops, etc. Fast forward, the trees are 12-18" Ash in clumps of 2,3,4. These people like to live in "seclusion" as they let all the trees grow around their house right under the eaves-big trees 18-24" maybe two feet from house. Well, the ash trees are all dead from borer. A few years ago one fell on my side and crushed some fence. When I approached him he immediately said "I did what any good neighbor would do and called my lawyer and he said I don't owe you anything nor do I have to clean it up". So, I cut it up and fixed the fence leaving the wood for him (he doesn't burn wood). Now they are all dead, another fell my way with 4 more leaning my way. I was going to offer to cut the ones my way in exchange for the wood, BUT, the remaining trees in the clumps are leaning over his house AND even if it takes FIVE years, if one should fall after I cut my way, He's the kind that will blame me. They've been a-holes from the start and we avoid eachother but I would like to cut before they fall on my fence again. Eventually they will fall on his house, but who first? Interestingly, their lot is cut out of the corner of a 40 acre field she inherited and sold to the farmer accross the road. She NEVER sets foot on that land-not one inch-I don't know what he said to her! She goes out in the dark and flings her dog doo on my side she also mows her grass at 11:00 pm with a flashlight and pushmower (weird). Can I force him to cut because the trees are dead? Oh, I'd use my tractor and loader to clean up.
- Thread starter redtom
- Start date
OK did he in fact talk to a lawyer when the tree damaged your fence? You need to talk to a lawyer in your state! I know that here if a living tree comes down like that in a storm that he would not be liable but if the tree is dead and has been for some time then it's negligence on his part. Tlak to a local lawyer about all of it, the trees, the dog poo, everything.
Rick
Rick
Paul from MI
Well-known Member
I'd let 'em go, depending on the prevailing wind. They'll probably fall on their house but if not a fence is cheaper to fix than the aggravation.
I'm in Saginaw. These aren't just branches, they're clumps of full size trees divided at the ground. I'm all for dropping them back over on his side but he's the kind of guy that even if I put it 50 ft from an existing tree, if that tree later fell, he would blame me. I hope they do fall on his house! I just wish they wouldn't fall on my fence too.
About thirty years ago I lived in a small town, and had a neighbor lady who was as tight as the skin on a bean. There was a huge hollow tree on the property line between us, and I approached her about splitting the cost of hiring a professional to drop it. It was a threat to her house, but would hit nothing if it fell on my side. She was willing until the guy gave us a price, then she backed out - said it was too expensive. Long story short - it fell on her house, pretty well smashing the corner it hit. I ended up cleaning it up for her, but the house was a wreck and required a lot of work. She said she wished she'd split the cost of dropping the tree after it was all said and done. My insurance man wouldn't have anything to do with it.
If it was mine, I think I'd rather sacrifice the fence and let them fall.
If it was mine, I think I'd rather sacrifice the fence and let them fall.
fixerupper
Well-known Member
You're stuck with a thorn in your side no matter which way you go. I'd lean toward being a pacifist and not do anything, but talking to an attorney might not be a bad idea so you have some solid information to back you up the next time you get in an argument with them. Jim
BushogPapa
Well-known Member
I agree with not trimming (much) on your side..
If you do and a tree falls, damaging his house..he may try to connect YOU with it..
From what I have seen, those people who are "reclusive" are more often than not Pot-Heads..or something related to it..
Can't you find a good ripe load of manure that you could spread just UP-wind of them..??
Some around here get the Wild-Cat poop from the Cols. (Ohio) Zoo..that sure is Powerful-smelling stuff..!!
Ron..
Michael Soldan
Well-known Member
Rick,I agree..that neighbour may have said he talked to a lawyer but I doubt it. Anything hanging over your property may be trimmed,telling him the dead trees are dangerous and will damage your property is sufficient for a neglegence case,if he does nothing and they damage the fence ,the fence owner will win in court. Lawn trimmings ,dog feces and any other refuse can be dealt with as well..a person cannot have a dangerous situation,be warned about it and do nothing...simple as that
Dieselbreath
Member
I had a neighbor threaten me with all kind of legal action if one of my trees fell on her new fence or newly planted vinyard. Being concerned I checked into it and found that unless I was aware of a problem tree I was not liable. Any healthy trees or limbs falling on her property was her problem. I did remove one dead oak that would eventually fall even tho they were the ones that killed it with a chemical spill years earlier.
You need to make sure he is aware of any problem trees and that makes him liable when they do come down.
Then you have the option of making him pay if you think its worth it or just taking care of it yourself.
You need to make sure he is aware of any problem trees and that makes him liable when they do come down.
Then you have the option of making him pay if you think its worth it or just taking care of it yourself.
redtom, Here in Texas as I understand it, a tree can be trimmed to the property line, Vertically, no further. It doesn't matter of the trees are actually on the line or away from the line and it is just the canopy that is over property line.
I tend to think that a person that cuts on a healthy large tree canopy could cause damage to the tree by making it up balanced and causing it to become up-rooted or killing it would be liable for the damage.
In your case, with already dead trees cut the limbs that lean over on your place only to a vertical position over your fence, No more. OBTW Take pics, lots of pics. and document, and wittiness what you are doing. Double check your state laws and a local lawyer to CYA!
Having a Louse for a neighbor is not easy, and trying at best. Hope this helps.
Later,
John A.
I tend to think that a person that cuts on a healthy large tree canopy could cause damage to the tree by making it up balanced and causing it to become up-rooted or killing it would be liable for the damage.
In your case, with already dead trees cut the limbs that lean over on your place only to a vertical position over your fence, No more. OBTW Take pics, lots of pics. and document, and wittiness what you are doing. Double check your state laws and a local lawyer to CYA!
Having a Louse for a neighbor is not easy, and trying at best. Hope this helps.
Later,
John A.
I'd guess that the laws would vary somewhat from state so take anything said here with a grain of salt until you check your own laws.
Here in NC if the person who's property the tree sets on has cause to think or no way to know that the tree is dead and has become a hazard they they are considered negligent and therefore responsible for any damage done when it falls. However if the tree appears to be a healthy tree, with no signs of any problems, if it falls it's considered an 'act of God' and they aren't responsible.
So, if the trees are in damaged/dead and in danger of falling on your place, I'd send them a certified letter with, a return reciept requested as proof they recieved it, telling them about the dead trees and placing the responsibility in their hands should something happen. If however the trees are living, and show no signs of damage, or aren't a hazard to anything of real value that's yours, I wouldn't sweat it. Either way any damage done will either not effect you, or will still be your responsibility since and damage will be caused by 'an act of God'.
Been dealing with the same problem with our rental house for several years now so far with no real results to speak of.
Here in NC if the person who's property the tree sets on has cause to think or no way to know that the tree is dead and has become a hazard they they are considered negligent and therefore responsible for any damage done when it falls. However if the tree appears to be a healthy tree, with no signs of any problems, if it falls it's considered an 'act of God' and they aren't responsible.
So, if the trees are in damaged/dead and in danger of falling on your place, I'd send them a certified letter with, a return reciept requested as proof they recieved it, telling them about the dead trees and placing the responsibility in their hands should something happen. If however the trees are living, and show no signs of damage, or aren't a hazard to anything of real value that's yours, I wouldn't sweat it. Either way any damage done will either not effect you, or will still be your responsibility since and damage will be caused by 'an act of God'.
Been dealing with the same problem with our rental house for several years now so far with no real results to speak of.
thebigyellowtruck
Member
we had problems like that with our neighbors in Wayne County, MI. When we contacted the township we were told that we could only trim the tree straight up from the property line. Getting local legal advice would be the best though, I imagine that her throwing the dog feces in your yard can be considered a health hazard. Usually you can call the city or county and they will give you the specifics about the laws for where you are. It sounds like it would fall under a township ordinance problem.
You may never establish a good relationship with this neighbor but you can improve it through mutal respect. Don't continue this contest of who can squirt higher on the wall. I would forget the trees for now and concentrate on the "dumping activities". Letter stating why the poop and yard litter causes a problem for you and request that it stop. When and if it occures again and you feel you can prove it,hire it cleaned up and send request for reimbursment within a set time frame. Follow up with small claims case. Up to now you have shown them you are willing to let them trample over you. That makes them feel impowered. Letting them know there can be concequinces for thier actions will give them a completly new way of looking at the situation. When and if thier tree damages your property,send letter requesting payment and follow up with a small claims case. By this point I predict you will be on speaking terms going foward. Good luck.
Billy Shafer
Well-known Member
In Texas if the tree is damaged or dead. The owner has to pay for any damage resulting from it falling. I know because it happened to me.
Living trees, he was correct - legally - as to what he told you. I don't think he was entitled to the wood, but might depend on the state.
Every state is different, but in general, if the tree is damaged or a danger to your property, it may well be his liability if it falls and damages your property.
Notifying him of the danger of the dead tree(s) should set it up so he is liable. You'd have to do so in a way that is traceable. Notifying his insurance co, if you know it, would really start things up....
That puts the law probably on your side, then hat actually happens depends on how far either of you wants to push it from there.
You have the right to cut anything hanging over your property on most states so long as you don't kill the tree. I understand your concern about the clumpy ones, I see where that becomes a deal. Probably that is a bigger deal than cheap internt advice can help.
Some counties have tree commitees, or some such group, that comes out ^ determines such issues as to who owns what, if you should live in sich a county that might be the cheapest option. Visit the courthouse with pleasant conversation & see what is in effect in your state/ county?
--->Paul
Every state is different, but in general, if the tree is damaged or a danger to your property, it may well be his liability if it falls and damages your property.
Notifying him of the danger of the dead tree(s) should set it up so he is liable. You'd have to do so in a way that is traceable. Notifying his insurance co, if you know it, would really start things up....
That puts the law probably on your side, then hat actually happens depends on how far either of you wants to push it from there.
You have the right to cut anything hanging over your property on most states so long as you don't kill the tree. I understand your concern about the clumpy ones, I see where that becomes a deal. Probably that is a bigger deal than cheap internt advice can help.
Some counties have tree commitees, or some such group, that comes out ^ determines such issues as to who owns what, if you should live in sich a county that might be the cheapest option. Visit the courthouse with pleasant conversation & see what is in effect in your state/ county?
--->Paul
I am not going to tell you what to do about the trees, but will tell a story that happened over here that might just relate to the dog poo problem....We have so much rain in Ireland that we have to dig drainage channels around our field boundaries. Well this couple bought a small field that stuck into a neighbours field and built a new house,they then pulled the boundary hedge and erected a fence,all Ok so far,then in went the manicured lawn and we grow grass so fast here that the clippings have to be collected and dumped,but this time into the farmers drainage trench. until it was quite full .Long story short...He waited till they were on holidays and used his 13ton excavator to clean the drain and dump it all back on their nice lawn, Rotting slimy grass clippings are not nice,especially on a lawn....Never had any more problems!
Nebraska Cowman
Well-known Member
If the trees are on his side of the fence I'd keep quiet and let nature take it's course. You might have to fix your fence once in a while but only clean up what falls on your side and don't throw it back over on his side. Just be a good neighbor and mind your own business. I think that is what your neighbor wants. He'll probably do some cleaning up once the trees start falling on his house.
jim johnson
Well-known Member
Just let him be the loser. If the "dog do" didn't really hurt anything I wouldn't have done nothing. You are the loser because you paid to build a fence and now the trees are falling on your fence. I don't know how much land you have but if it were me I wouldn't have done nothing. Dummys always turn out the loser whether they are smart enough to realize it or not.
Jim
Jim
Janicholson
Well-known Member
Paul here has the basic idea. Let them know in a certified return requested letter that the trees are dead. This allows you (and a judge)to be certain it is not unknown to them. Once this is established, the responsibility is theirs for the fence repair.
(do not take much stock in those who seem to be critical of you (above) the issue (in their opinion) would be much different if you had a machine shed full of brand new tractors and combines under the trees. But it is the same issue. Best of luck.
I have a new neighbor with a split 70 foot tall German elm tree (from 6 feet to the ground) I let her know formally that it was split and in danger of falling (showed it to her) she had temporary cables around it within a week, and it will be either bolted or removed this spring. Jim
(do not take much stock in those who seem to be critical of you (above) the issue (in their opinion) would be much different if you had a machine shed full of brand new tractors and combines under the trees. But it is the same issue. Best of luck.
I have a new neighbor with a split 70 foot tall German elm tree (from 6 feet to the ground) I let her know formally that it was split and in danger of falling (showed it to her) she had temporary cables around it within a week, and it will be either bolted or removed this spring. Jim
buickanddeere
Well-known Member
Lets see, the neighbour literally throws crap on you and gets away with it? That establishes their dominance over you. Their opinion of you and your subservient status in their mind(s).
As previously stated, photos, photos, documents and notes with time,date and all involved.
Get the crap throwing stopped and document in writing who is liable when a tree falls and damages your property.
Registered lawyers letters and small claims court with the property liens when the time comes.
Time to politely and in a legal to show your teeth and claws without being physically threatening.
Do your pants zip up in the front or from the side?
As previously stated, photos, photos, documents and notes with time,date and all involved.
Get the crap throwing stopped and document in writing who is liable when a tree falls and damages your property.
Registered lawyers letters and small claims court with the property liens when the time comes.
Time to politely and in a legal to show your teeth and claws without being physically threatening.
Do your pants zip up in the front or from the side?
Anonymous-0
Well-known Member
get a good realestate lawyer immediately.Then just goahead and sign your property and posessions over to said neighbor and pay him rent/clean up after his whims......
If you don't respect yourself and your property, why expect anyone else to?????? Think you need to rethink what is wrong with the country cause it ain't how someone sings.....
Happy New Year...
Dave
If you don't respect yourself and your property, why expect anyone else to?????? Think you need to rethink what is wrong with the country cause it ain't how someone sings.....
Happy New Year...
Dave
jim johnson
Well-known Member
2 people I would ask for advice if I was in youir shoes. Your insurance man , and your local building inspector/zoning/codes enforcement (whatever they are called nowadays) person if you have one , as to your rights , their responsibilities/liability etc . Just because the neighbor claims he talked to a lawyer doesnt mean he did or that he accurately described the situation if he did. I would ask the questions now before you have more damage. I would also get some pictures now and again after the trees leaf out to prove which ones are dead.
PeteTheRookie
Member
Common law regarding "Acts of God".
If it falls on your property its you and your homeowners responsibility ONLY if it is a healthy tree. If it is dead, rotted, or obviously damaged or diseased, then it is the home owner on which the tree originates responsibility. Only a fool leaves a obvious dangerous tree as insurance co. will deny any claim from a dead or rotted tree.
Simply speak with him regarding your concern about the trees and the need to take them down.
He will either then "get it" and do the right thing OR, he will ignore and do nothing.
Then you send a certified letter detailing your conversation and CC your insurance co who will then contact him and his insurance co.
You, as the insured, are required to eliminate known hazards or your insurance co will deny your claim in case of property damage.
Keep in mind that while these trees will not fall on your house, In a tornado or hurricane then can become missile like projectiles and go right thru your house.
BTW, my lovely neighbor was throwing his grass clippings(even his lawn service continued to after I asked them not to) and dog droppings on my property.
Pics sent to the local code officer and a call to the local police dept for trespass finally put a end to it. Code officer saw in pics his dog house and his old broken swing set violated 20ft setback. Both were actually rotted and not in use and had to be moved.
He is still a jerk and always will be. Never lifts a figure to help anyone. But the next time he dumps on my property he will be arrested for criminal trespass.
Don't take crap from neighbors or they will just keep shovel it at you.
Pete
If it falls on your property its you and your homeowners responsibility ONLY if it is a healthy tree. If it is dead, rotted, or obviously damaged or diseased, then it is the home owner on which the tree originates responsibility. Only a fool leaves a obvious dangerous tree as insurance co. will deny any claim from a dead or rotted tree.
Simply speak with him regarding your concern about the trees and the need to take them down.
He will either then "get it" and do the right thing OR, he will ignore and do nothing.
Then you send a certified letter detailing your conversation and CC your insurance co who will then contact him and his insurance co.
You, as the insured, are required to eliminate known hazards or your insurance co will deny your claim in case of property damage.
Keep in mind that while these trees will not fall on your house, In a tornado or hurricane then can become missile like projectiles and go right thru your house.
BTW, my lovely neighbor was throwing his grass clippings(even his lawn service continued to after I asked them not to) and dog droppings on my property.
Pics sent to the local code officer and a call to the local police dept for trespass finally put a end to it. Code officer saw in pics his dog house and his old broken swing set violated 20ft setback. Both were actually rotted and not in use and had to be moved.
He is still a jerk and always will be. Never lifts a figure to help anyone. But the next time he dumps on my property he will be arrested for criminal trespass.
Don't take crap from neighbors or they will just keep shovel it at you.
Pete
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