Posted by Billy NY on September 03, 2009 at 18:44:11 from (74.67.3.238):
In Reply to: OT Who is responsible posted by bobohio on September 03, 2009 at 15:35:39:
I've recently concluded that a nuisance neighbor has the high potential to cause a lot of aggravation, situations requiring law enforcement that can result in the tables being turned backwards on you as well as becoming a costly liability to resolve.
Maybe it was an honest mistake or afterthought, or maybe there are other motives besides tree limbs.
The best thing you can do, is have that line surveyed, establish the line and see exactly what you are dealing with. They can do the same, contesting your survey. They might own 1/2 of the tree, therefore not your responsibility. The setback and local laws, codes, you should check and be diligent about educating yourself on same. You can decide based on the demeanor of that neighbor whether action is warranted, if can be done in the first place, say there is a local law that defines the distance an occupied dwelling ( building line) must be from a property line, maybe it's in compliance, no harm to check.
Gone are the days of upstanding and honest neighbors, which is unfortunate, but often times true. Gone are the days where trusting a neighbor is a worthy cause, law says to be diligent about these things so do what is necessary to protect your interest, at minimum, anything beyond that is your call, to be quite frankly, better to be safe then sorry when it comes to a situation like this, if there is a legitimate concern about future problems, especially if they are legal matters.
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