Neighbor isuses

[TheMan419]

Sorry about the long story....

Our eastern property line is a county maintained drainage ditch. The neighbors on the otherside, within the last couple years, trenched into the ditch with a drainage line.

Recently we had to have a tree taken down on our property. The arborist who came out to do the work happens to be a family friend. He had not been out to our place in a while so wanted another tour. He noticed where the neighbors had dug their trench into the ditch. He says the trees right on the edge of that trench are going to fall at some point in time. He could not specify a time frame.

His guess is they are not tall enough to hit any of our buildings when they fall.

Of course they are large trees and would take quite a bit of work to clean up when they fall.

So my first issue is do I have a talk with them about this to get it taken care of sooner rather than later? Do I send them a certified letter?

Second issue that I *really* do not want to deal with.... it appears the trench they dug and the tile line they installed is draining a federally protected wetland. I realize bringing that up will result in a neighbor fude of epic proportions. However I am one who is in favor of being a good steward of the land. I generally think wetlands protection is good thing.

So any ideas on how to handle either of those problems?

 

[two_bit_score]

Are the trees that might someday fall on his property or the right of way (ROW) in the County maintained ditch? What is your goal? Is it to get the drain tile removed? Or get the trees removed before they fall onto your property? Have you confirmed the opinion of your arborist friend with another source?

If I was on good terms with the neighbor, and wanted to remain that way, I would speak with him in person. I might suggest to him that he might want to check with the County about the possibility of getting some help with the situation "to save him some money".

As far as the federal wetlands issue goes, the definition has changed recently and before I mentioned it to him I might check to see if it would be covered as a wetland under the new rules.

 

[Steppenwolfe]

Get a hold of your county soils map; locate the area and confirm it is wetlands. Then... check with your County Supervisor or zoning office. The more information you have, the better. I'm with you, stewardship of the land is more important than most anything.

 

[RSR]

So, to be clear, you're worried about a tree on your neighbor's property that may or may not fall down at some point in the near or distant future, which if/when it does, may or may not even fall on your land. If it does fall on your land, it will cause no damage, only clean up?

That seems like a really easily problem with an even easier solution. Wait for the tree to fall down, and if/when it does, offer to help your neighbor clean it up whether it fell on your land or not.

I live on a private drive. The drive is technically our land, but the neighbors have a right of way. Last month a wind storm came through and knocked over a dead tree on their side of the road. It fell across the road, blocking it, and landed in my woods. I thought about suing them over it, but instead decided to get the tractor out, since they don't have one and I'm always looking for an excuse to use mine, and move the tree so everyone could get out. Then I came back with a chainsaw and log splitter (again, they don't have either and I'm always looking for an excuse to use mine) and cut and split the little bit of good wood and left it for them.

I think the issue of the wetlands can be handled in a similar fashion. It's not your property, so don't even worry about it.

 

[Chewwy]

So, to be clear, you're worried about a tree on your neighbor's property that may or may not fall down at some point in the near or distant future, which if/when it does, may or may not even fall on your land. If it does fall on your land, it will cause no damage, only clean up?

That seems like a really easily problem with an even easier solution. Wait for the tree to fall down, and if/when it does, offer to help your neighbor clean it up whether it fell on your land or not.

I live on a private drive. The drive is technically our land, but the neighbors have a right of way. Last month a wind storm came through and knocked over a dead tree on their side of the road. It fell across the road, blocking it, and landed in my woods. I thought about suing them over it, but instead decided to get the tractor out, since they don't have one and I'm always looking for an excuse to use mine, and move the tree so everyone could get out. Then I came back with a chainsaw and log splitter (again, they don't have either and I'm always looking for an excuse to use mine) and cut and split the little bit of good wood and left it for them.

I think the issue of the wetlands can be handled in a similar fashion. It's not your property, so don't even worry about it.

Excellent advice and neighborly chores!!

 

[MossRoad]

Sorry about the long story....

Our eastern property line is a county maintained drainage ditch. The neighbors on the otherside, within the last couple years, trenched into the ditch with a drainage line.

Recently we had to have a tree taken down on our property. The arborist who came out to do the work happens to be a family friend. He had not been out to our place in a while so wanted another tour. He noticed where the neighbors had dug their trench into the ditch. He says the trees right on the edge of that trench are going to fall at some point in time. He could not specify a time frame.

His guess is they are not tall enough to hit any of our buildings when they fall.

Of course they are large trees and would take quite a bit of work to clean up when they fall.

So my first issue is do I have a talk with them about this to get it taken care of sooner rather than later? Do I send them a certified letter?

Second issue that I *really* do not want to deal with.... it appears the trench they dug and the tile line they installed is draining a federally protected wetland. I realize bringing that up will result in a neighbor fude of epic proportions. However I am one who is in favor of being a good steward of the land. I generally think wetlands protection is good thing.

So any ideas on how to handle either of those problems?

I'd guess that if the trees are on his property there's not much you can do except notify him that since he cut the ditch and weakened their roots and the supporting soil, they're going to fall some day and may hit your buildings, damage a fence, or crush a cow, etc....

Once he's been notified that there's a potential problem, it's no longer an act of God, because he knew about it in advance.

If there's really no danger of them damaging anything on your property, you might just want to let it go.

Will the county notice it the next time they come out and dredge the ditch? Is it in their 50' right of way?

As for draining the wetland, who knows? I thought you had a county person out there last year or two on another drainage issue, or was that someone else? If so, call them and ask. If not, my memory is feeble. :laughing:

 

[TheMan419]

I'd guess that if the trees are on his property there's not much you can do except notify him that since he cut the ditch and weakened their roots and the supporting soil, they're going to fall some day and may hit your buildings, damage a fence, or crush a cow, etc....

Once he's been notified that there's a potential problem, it's no longer an act of God, because he knew about it in advance.

If there's really no danger of them damaging anything on your property, you might just want to let it go.

Will the county notice it the next time they come out and dredge the ditch? Is it in their 50' right of way?

As for draining the wetland, who knows? I thought you had a county person out there last year or two on another drainage issue, or was that someone else? If so, call them and ask. If not, my memory is feeble. :laughing:

When the trees fall it will likely be in the ROW and likely in the ditch.

Yes this is the issue i talked to the drainage board about. They did not come out. Just talked to them over the phone.

 

[MossRoad]

Have you ever used the MACOG website? I can't remember if we discussed it or not.

 

[kevin37b]

DO your research ,keep cool and talk to the owner . Nothing beats a cool head these days ! Kevin .

 

[mx1alex]

What's exactly is your neighbors drainage line draining?

Have any pics you can share?