Neighbor has elected to damage over 20 trees

[fried1765]

Bottom line is he did work on the side of your road within your easement. Its not like he went into the middle of your property and started cutting firewood for his own purposes.

Yes he probably should have talked to you about doing the work before you started. I think starting a pissing match over this by calling the sheriff or lawyers will do nothing but escalate bad feelings and bad blood.

Treat this like he did you a favour and cleaned your ditch. Suck it up and stop whining . In 5 to 10 years your ditch will fill up with scrub again and you won稚 remember this incident as anything significant.

From mikester: "He did work on the side of the side of your road within your easement"
"YOUR ROAD WITHIN YOUR EASEMENT"????
NOPE !!!
Neither the road, nor the easement, (ROW) .... singularly belongs to the OP!

 

[Oldoak]

No issues until this new neighbor moved in. They are from the big city and want to bring their city ways to the mountains.

Unfortunately, I have witnessed this in several cases. It's becoming a common issue all across the country.

Getting back to your situation, I think your neighbor knows a bit more about easements/R.O.Ws. than you are aware of. The only really issue is not the clearing he did but what he did with the wood and dirt he took from your side if your property deed extends to the center of the right-of-way.

 

[Ritothebull]

Sounds to me like just another idiot with a tractor :licking:

 

[747driver]

What did he do with the trees he cut up? Just burn them or use them for firewood?

How big are the trees?
Are they pines?
Did he just cut the trees off at ground level and left the stumps or did he pull the stumps out of the ground?

Later,
Dan

He cut down 10 trees in April and hauled them to his property on the other side of the road, where he cut them up for firewood. He then dug the stumps out. They are White Pines in the range of 30'.

 

[747driver]

Unfortunately, I have witnessed this in several cases. It's becoming a common issue all across the country.

Getting back to your situation, I think your neighbor knows a bit more about easements/R.O.Ws. than you are aware of. The only really issue is not the clearing he did but what he did with the wood and dirt he took from your side if your property deed extends to the center of the right-of-way.

Your right...he took the wood and dirt for his property. You guys have brought me up to speed on ROWs !!

 

[747driver]

Bottom line is he did work on the side of your road within your easement. Its not like he went into the middle of your property and started cutting firewood for his own purposes.

Yes he probably should have talked to you about doing the work before you started. I think starting a pissing match over this by calling the sheriff or lawyers will do nothing but escalate bad feelings and bad blood.

Treat this like he did you a favour and cleaned your ditch. Suck it up and stop whining . In 5 to 10 years your ditch will fill up with scrub again and you won稚 remember this incident as anything significant.

There is no ditch involved ! So I guess you would just let your neighbor come on to your property and start cutting trees down and removing dirt to his property without asking.......I highly doubt it !

 

[Streetcar]

Was your property surveyed prior to you purchasing it. If yes ,are markers still in. On my rural property I owned to the center of road, but that included 25’ right of way. The state started placing fill to support roadway, but went outside ROW. They promptly correct situation when notified. Work in ROW should not affect property that remains

 

[newbury]

I understand why ROW are needed. For further construction if necessary, water lines,cable and telephone lines,power poles etc. We have a 50' ROW for the power lines that run through our other property where our home is. It has to be kept cleared from any obstructions for the power company to have access. Even though there is a 50' ROW for the road I would think another property couldn't come on your property and take dirt and then put it on their property.

So take him to small claims court for a few truckloads of soil.

He cut down 10 trees in April and hauled them to his property on the other side of the road, where he cut them up for firewood. He then dug the stumps out. They are White Pines in the range of 30'.

Photos of tree damage and soil removal.View attachment 561527View attachment 561528View attachment 561529View attachment 561530View attachment 561531View attachment 561532

Those pine look like they could use a serious thinning.

 

[atomchaser]

As you are doing, I would get a survey done with the boundary of the the ROW defined and erect some simple fencing or at least markers. After I had that accomplished, I would organize a neighborhood meeting to discuss the status road and desired improvements and the the requirements of the covenant. I would take minutes of the meeting and send a copy to every neighbor. Getting the other neighbors on board may help getting this guy to behave in a little more neighborly and considerate fashion. He sounds like a jerk who will continue to test the limits. I won't engage the legal system at this point.

 

[LD1]

I say just let him keep on doing what he is doing. Heck, even take your tractor down and offer assistance.

Its within the ROW....that we have established. So there is little to nothing you can do...period.

And since he started this work before you even bought the land....perhaps he already had notified the previous owners??
And not knowing you owned the land til you first confronted him about it......at that point you knew what he was doing....so there is your notification....he is correct though....road ROW and he can do what he wants.

So now it seems to be a grasp at straws that you are upset about a little dirt and firewood.

Could you imagine coming home from your 3 week trip to a pile of fill dirt and a bunch of uprooted trees and stumps all drug up in your yard by your house??

Technically though....since this is within the ROW....all shared owners need to contribute equally to the cost.....and all should share in the dirt, stumps, trees, etc.

Seems this guy is just making it easy for everyone. Improve the road, get rid of the waste, not bother anyone.