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Tractor Talk Discussion Board

OT:Tree cutting ? on neighbors line, liability-long


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Posted by redtom on December 31, 2011 at 17:20:55 from (96.35.109.114):

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.


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