Law regarding planting on property line.

   / Law regarding planting on property line. #21  
Thank God I live on a large chunk of land, my property and all around is zoned open range and the nearest neighbor is a little over four mile away. When I check my fence line, I will fall dead trees on either side of the fence that could fall on it - no problems. He does the same. We get along just fine and have for the last 35+ years. I will NEVER AGAIN live anywhere where neighbors are within earshot or sight. I suffer fools poorly.
 
   / Law regarding planting on property line. #22  
If you were maintaining it, I always find it crazy that someone would complain about it. Move next to me, you can mow property line all you want. The old saying modified slightly "he would complain if he was hung with a new rope" comes to mind. Also CAVE people, citizens against virtually everything. Some people are just out to complain or be a pain in everything they do.
 
   / Law regarding planting on property line. #23  
One of my houses sits on a 1/4 acre lot in Northern Va. It had chainlink fence around the back.

The neighbor to back put up a wood fence. I've got a mimosa tree in a back corner, the base is about two feet inside the fence. The female neighbor was calling up about every year asking me to trim it because of seedlings in her yard. Finally one year they just reached over and lopped the top of MY tree off without asking while I was gone for a month.
The next year it sent out more branches, and seeds. SHE had the audacity to call again and ask me to trim it. I told her firmly no and advised that if she cut it again she could be paying replacement costs.

I've another property, 73+ acres near Bakersfield Vermont. The guy ACROSS the street keeps asking me to cut the trees down along the fence line, circled in red, so he has a better view from his house along the blue line. vt1.jpeg

TS
 
   / Law regarding planting on property line. #24  
Much of our real estate law derives from old English common law but as far as I can see the rules on "adverse possession" vary widely across states (what constitutes "adverse", what improvements constitute "possession", etc.). Seems to be a lot of people that read stuff on the internet and start to worry about such stuff without checking their state's rules. In any event, I think it is uniform that a property line starts at the ground and extends vertically so the neighbor likely has the right trim your bushes that extend onto his property (which will likely kill the bush but as long as the base is on your side I'd leave it there as a reminder of what an a****le he is). And stop mowing beyond your line unless he realizes that you are doing him a favor. I have owned 4 houses and only encountered one "Richard Cranium" neighbor that went ballistic about the placement of our trash cans on MY property ON pick-up day...
 
   / Law regarding planting on property line. #25  
So did you plant 4 feet or 4 inches from the property line?

I don't think he can make you move the plants but if they are 4 inches from the property line then there can always be a dispute on the exact location of the line and 4 inches is not much. My understanding for my area is that he would be able to trim the shrubs to the property line. Trimming the plants to the property line with the plants 4 inches from the line is going to look odd and may not be healthy for the shrubs.

If the shrubs are four feet from the line that makes things a bit better.

It is a moot point now but you might have been able to claim the property since you were maintaining it with a adverse possession claim which is not easy to do but possible. This is what the neighbor is worried about. Not a good sign that he jumped to that conclusion and started a property line peeing contest when he just moved in. Sad.

Good Luck,
Dan

I see no "adverse possesion. Neighbor gave him permission to mow that side. Should be put in writing though.
 
   / Law regarding planting on property line. #26  
I see no "adverse possesion. Neighbor gave him permission to mow that side. Should be put in writing though.
Have to check state law...in Wisconsin "possession" has to be pretty substantial (like a structure) and as far as I know the local "set-back" rules follow that. Push comes to shove, I'd figure the cost of replacement bushes vs. fighting the neighbor in court.
 
   / Law regarding planting on property line. #27  
We just purchased 84ac out of a parcel which had NEVER before been sold. Several 1000ac plots were granted to the original extended family as a 'reward' for service in the Revolutionary War... yes, that one. It has been broken up over the years into smaller and smaller parcels via family splitting, but never had it been sold. Hence I never had an official survey according to the Surveyor for me.

I have one neighbor which borders the long 2 sides of my property, from the 'original' family line. He and his wife are great people. But they were pretty concerned about the property line, given they really didn't know where it was 'exactly'. They just didn't want issues in the future, especially for heirs. (I certainly understand this thinking.) The fence was an old wire fence, mostly on the ground, and grown up with brush and trash trees.

I found the survey markers my guy placed, put in tall painted sticks right next to each marker, and talked with my neighbors about the line. I asked if I could remove the old crappy fence, which was directly on the line. I told them I was going to put in a new 4 board fence inside my property line, but that if I can remove the current fence and have driving access on their property, I would mow 'their side' of the fence and the actual property line. I wanted this because I want the fence to be useful and nice looking.

They agreed, and I removed or am in the process of, removing the fence.

In my opinion, make up with they guy if at all possible, regardless of whether you are technically correct. You will have a much better life if you get along with him. But, if he doesn't want to play nice, Mark out the line and put a fence a few inches inside. Mow to the fence and forget about him.

There is a reason for the saying 'Good fences make good neighbors.'
 
   / Law regarding planting on property line. #28  
Wow. Another property line nightmare. I feel for you. IF you planted 4' and not 4" on your side of the actual property line, then I wouldn't worry about it. Maybe, if talking to him is difficult, especially considering his jump to accusations comments on first greet, writing him a letter to detail what you and prior neighbor had agreed to might give him something to think about. If that doesn't work, ignore his BS and just cut/trim your trees/shrubs as usual and keep clear of crossing over into hostile territory.
Unless you want to tangle, a dispute in court turns everyone into losers.

I had a new NYC A-ole neighbor come next door to a property owned by my family for over 100 years, in another state. He proceeded to go to the zoning board to change his house/patio area, windows/ doors, enclosed porch etc. He brought his young gun architect. I spoke to him, suggesting he might want to get an A-1 survey of our adjoining property line along our adjacent driveways, etc., to make for clear boundaries for both of us.(I even gave him a survey map from the prior owner of his property given to me by the widow).

They seemed nice at outset, but as story unfolds his intentions become clearer .
He did a survey, staked everything off and drilled a hole in my driveway apron that had just been newly poured by the town a few years earlier. Then he cut down a beautiful Rose of Sharon bush that was at the corner of my garage, and also destroyed a rose bush that was growing up on the side of my garage, inside a small semi-circle garden bed. He used the 'woman' who my mother had hired, and I eventually fired, to do the destruction and to plant 12-15 tall Arborvitae shrubs alongside the garage side wall, ALL either on or inside my property line.
He also claimed the by now huge maple tree that my mother bought and had planted near the driveway apron's end near the sidewalk and curb, as his own. My mother and the dead Admiral's widow who had owned the property next door had agreed on the planting, years prior and did not care about who's property it fell regarding roots, branches etc. It was now a full grown sugar maple.

A-ole hired a 'tree' guy, (who ended up a few years later being killed by his own pro grade tree chipper, when he fell into it and could not extricate himself, while working alone. Yikes, I knew the guy - he was a gnarly old dude and nasty too, but I wouldn't have wished that death on anyone, including him) to prune and elevate the maple's branches to let more light in. Totally NOT the purpose of that tree, which was put there to shade both driveways during the heat of summer's sun. Oh, well, I just sat back and let him go at it after explaining who had planted the tree and who had paid for it originally, etc.

So I got a call from the then mentioned gardener, and answered on the first ring, since my calls were forwarded for just this kind of issue prevention. She said an error had occurred, but she had not been able to reach me, and I should take a look. She was talking about the Arborvitae bushes maybe being too close to my garage, etc.
I drove the 4 hours to CT, because I was going to be going there anyway that weekend, and met with her, and told her she had destroyed the Rose-of-Sharon, and the Arborvitaes needed to be moved right away.
I told her her crazy as bat ***** gardener head woman, assistant, who was very good with flowerbeds, BTW, had destroyed the rose bush and so on. At first she argued with me, then her employee started yelling at me and it got all crazy with the two of them. They lied, but eventually admitted they had cut down the Rose of Sharon bush AND destroyed the rose bush my deceased Aunt had planted years prior. Of course the property owner was nowhere to be seen during all this.
My mother's neighbor across the street who's mother had lived there before her said to me- "well you're not here much of the year" when I explained my frustration with NYC idiot, as if that was carte blanche to go and destroy my yard and so on.

I picked up one of the Arborvitae shrubs by hand and moved it 2' + onto the other guys property, and told her to follow a straight line with the rest of the shrubs. She said she would trim what was on my side. I said NO, you will keep them two feet from the line so when they reach 4' width mature growth, as stated on the description label planting tag, ONLY the shrub owner, or you, will be pruning the entire shrub and it won't be encroaching on my property.

I had fired her because she kept leaving the gates open and our two non-resident labs that lived at home in VT would get out in town and might have gotten lost or stolen. I tried numerous times to get her to understand the importance of closing the gates but she just could not get it.
She was eventually fired by the A-ole next door too. Guess she won't be pruning my side of the shrubs after all! That says a lot right there about her crazy old woman assistant 'planter'.
BTW, everything he said he would do to comply with the zoning rules on his house was a complete lie. Oversized windows, doors where he had no approval, encroachment with roofs and overhangs and porches on each neighbor's property. The zoning guy told me he'd talk to him, but in most cases this is what people do, and unless the zoning board brings suit they get away with it, So it was a complicit deception by the owner and architect to do whatever they felt like doing.

Eventually I sold the property to another NYC A-ole for a huge pile of money. :cool2: Seems these idiots like each other's company.:confused2: I liked getting as far away from them as physically possible, but hated giving up a family owner property of such significance.

So I get your plight. Be careful, full blown border wars are NOT worth the frustration.
Good luck. Post back your progress/ outcome.
 
   / Law regarding planting on property line. #29  
Why do you care what's legal in my state?


You planted them for a barrier, why cut on his side?

People don't like yard nazis either.

Your fault for not buying enough land.
 
 
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