Fence and questions

[J_J]

Why?

I am talking about an actual situation that did happen, it's long since over and done with.

Rules are rules, and laws are laws, and ours may be different than yours.

 

[Egon]

Yes I know that.

 

[RadarTech]

Folks,
I once again am grateful for all the knowledge and wisdom here....

I am going to fix the fence.. But since the neighbor is not at his "vacation home much" and won't even answer phone calls..
I need to let him see it broke and then let him see me fix it..
Gotta plan it when he is in town.... This should be fun timing.....

Jim

 

[schmism]

Ive always understood that any tree branches, bushes etc that extend over the line of your property can be trimmed by you to the property line. If this means slicing off half the side of the tree your within your rights to do so.

if the line splits the tree you can still trim your side, but can NOT cut it down as you do not own ALL of the tree.

 

[CurlyDave]

I am going to fix the fence.. But since the neighbor is not at his "vacation home much" and won't even answer phone calls...I need to let him see it broke and then let him see me fix it..

Well don't just keep us in suspense, show us a few pictures. I always love to see pix of fallen trees.

 

[QRTRHRS]

Folks, I was reading another post and I have a question or 3...

http://www.tractorbynet.com/forums/rural-living/126141-neighbor-fence-my-land.html


On my property the neighbor put up a split rail fence right on the property line...

Not a problem for me, I actually like it and may even hook into it and run it down the line a little farther!

He is a bad neighbor and put the fence up for spite as he did not like us building here. (It was woods since he bought and built his house.)

So for my question--

If a tree on his or my side falls over the line what is deal here?
My tree damages his fence-- whose responsibility or is it an act of God?
His tree falls, damages his fence- can I cut the portion of the tree over the line? (Our driveway runs almost parallel to the property line and a tree down would block the driveway to our house).

We live in the moutains, lots of trees and most of the property is just woods.


Whatcha think folks?

J

Check with your locals. Some places require a setback from the property line. Not that it is an immediate concern but this could be some thing to keep in mind for future problems.

Fence placement can be a means of annexing someone elses property over time.

 

[J_J]

Ive always understood that any tree branches, bushes etc that extend over the line of your property can be trimmed by you to the property line. If this means slicing off half the side of the tree your within your rights to do so.

if the line splits the tree you can still trim your side, but can NOT cut it down as you do not own ALL of the tree.

I don't believe you are correct in your statement. You can not arbitrarily trim a tree because tree limbs extend over your property. If they are causing damages, then you can trim to a certain degree. Say you had a beautiful 80 ft red oak on/next to your property , would you mind if the neighbor trimmed all the limbs extending over to his yard, and took all the limbs all the way to the top, and left you with sort of a half tree? And no, you can not cut half a tree because it is on the property line.

 

[J_J]

Folks,
I once again am grateful for all the knowledge and wisdom here....

I am going to fix the fence.. But since the neighbor is not at his "vacation home much" and won't even answer phone calls..
I need to let him see it broke and then let him see me fix it..
Gotta plan it when he is in town.... This should be fun timing.....

Jim

Definitely take pictures before and after, and have them notarized with a letter or statement.

You can cut and remove the part of the tree on your property, but you should not go on his land and touch anything with out his permission.

 

[J_J]

Acts of God definition and law.

http://www.newmantools.com/machines/drillpoint.html

 

[SuperDuty335]

In theory property lines run forever and ever in a vertical plane. You have rights to the air above you and the earth beneath you. If a tree is halved by a property line the two neighbors each own their share of the tree...theoretically. In reality, if one were to trim their share of said tree and it caused a problem with the neighbor, the resolution would more than likely exceed a general "rule of thumb" and require litigation; In my opinion