Neighbor has elected to damage over 20 trees

[747driver]

Speaking of ROW's. Not long ago we had 4 power outages all on one windy day. I called the power company and said "what the he77". They said tree trimmers are coming very soon. A few days later a trim crew with several bucket trucks and a bunch of men arrived in the area. And boy did they start cutting. Any tree whose foliage was 15 feet from the line got killed. Dead. Cut to the ground. I don't know how many trees I lost in the ravine, but they were mostly "peckerpoles" of the sycamore variety. But I did lose 3 trees in the yard, and a bunch more cut back.

Many people were angry. One lady sicked the dogs on the crew. The more I though about it, the calmer I became. You know what? They are just stupid trees and they run a risk of falling into a power line. In fact I had another large tree leaning over my road away from the power line so they left it, but I went out with $150 and asked them to cut it down and cut it up, and grind the brush and stack the wood. They did.

The wife went out with a plate of brownies, and asked for all of the mulch. They started dumping all of the mulch on our "mulch pile area". We probably got $2000 worth of chips if you had to buy them. A huge mountain. Win Win.

Yeah, it left me with 3 stumps in the yard to mow around, but I used to have to mow around the dang trees anyway. I got rid of a tree I had been worried about anyway. and lots of tree trimming. Overall, a good deal. Oh, we haven't lost power since.

All we have to do is call and ask the utility to trim or cut down trees that are getting to close to the power lines. They are usually here in a couple days. Its all free and they will leave the trees and the mulch for you if you want them !!

 

[bcp]

Any tree whose foliage was 15 feet from the line got killed. Dead. Cut to the ground.

Last time through here, the contract trimmers wouldn't touch anything over 4 feet from the wire. Not even if it was leaning over the wire and you asked them to cut it. Very strictly according to contract.

One crewman said one of the NW WA counties started cutting the full right of way width after they had a very big storm with many days of no power.

Bruce

 

[goeduck]

Last time through here, the contract trimmers wouldn't touch anything over 4 feet from the wire. Not even if it was leaning over the wire and you asked them to cut it. Very strictly according to contract

I am not sure those crews who get BIG overtime checks when we have storms do not want to cut any more than they have to. Mo money, mo money...

 

[ultrarunner]

You've always struck me as a much smarter man than to join a HOA

The home was owned by a retired WWII fighter ace who was a well known auto restorer in retirement... it has garage space for 10 cars if I shoe horn them in...

Finding garage space has been most challenging here...

40+ years the HOA assessment was $80 annually... since I bought some years have been as high a $2,000 due to legal fees...

 

[/pine]

The local power companies spend big $'s contracting with tree companies to clear cut power line ROW's and easements...where about 98% of what they cut will never interfere with the power lines...then they turn around and charge the telephone company that leases space on their poles...
It's a racket...they could save everyone a lot of $ if they coordinated with property owners and selectively cut dead and standing trees that are just outside of the ROW's and are the major cause of outages when wind and or ice and snow bring down the culprit trees...

 

[turnkey4099]

We don't have any horses, high or otherwise... lol

BUT, I do have a lot of hay that cityiots buy when they move out here, and they gotta have those hay burners!

SR

It's probably in the sales contract specifying that there must be at least one pasture ornament.

 

[Coyote machine]

Wow! 35 pages. Another thread going on and on about the same stuff with no end in sight. Phew-wee, baby.

If I understood the original situation, a 'majority of home/parcel owners have to/had to approve any work being proposed by a parcel owner to the road/ROW, etc.'

So the OP's neighbor, across the street from them, decides, withOUT permission from anyone to do work in the ROW across the street from his own property; which began and was completed 80% BEFORE the OP owned said land. The remaining 20% of work was completed after closing, and the OP was at that time aware it was occurring.

The OP closed on said property without thoroughly reading the docs that must have been delivered at closing; including where description of the shared road ROW and covenants/easements pertain to the home/parcel owners, etc.

The OP and a bunch of others throughout this thread missed the concept of ROW and who owns what when it pertains to the ROW and spoils from work done in same; which does not seem to be clarified anywhere in the 'official docs' according to what I've read so far.

The OP seems to maintain that his neighbor, for lack of a better description is a thief of rocks, soil, trees and in other instances rock walls from other parcels in the community.

It would seem the 'bad neighbor' has NO intention to stop doing what he has to date, or at any time in the future.
Would this be a fairly accurate summation of the last 35+ pages so far?

Assuming most of what I wrote is accurate, what if the OP were to write a letter to ALL his other parcel owners to see what they might want to do to, if anything, to get the bad neighbor to cease his thievery, or award him a gold medal for his amazing work at no charge, even though he did not ask permission, and seems not likely to ask forgiveness either. And by way of the 'majority' of responses allows the other parcel owners to dictate how the OP proceeds, or does not pursue the bad neighbor issue now or evermore?

It would seem the OP's lawyer was working with what the OP brought to him, initially, for instance, no mention of a ROW that the OP wasn't aware existed when the thread began, etc. So, even though the OP has said numerous times the issue is dropped, if he were to later decide to pursue some aspect of legal action, his original lawyer would probably still be able to advise the op.

For the OP: getting an A-1 survey done is not a bad thing to consider so you know what is yours, boundaries, etc., and having the ROW marked and delineated at your property lines makes sense to do at the same time. Get stamped/certified drawings by a licensed surveyor in your State.
Post back your findings.:thumbsup:

BTW, anchor your barn so it doesn't grow legs !:shocked:

 

[747driver]

OK...here is the latest update !! Your assessment Coyote pretty much sums it up ! The neighbor ceased his activities once he knew we owned the property.

We finally got it survey last friday...the surveyor knows the land from prior work. Told him we wanted the ROW marked also along with the other property lines. Didn't bother him and let him do his work...took 7 hrs ! When he was done he had us walk with him to each marker. Thats when the fun began !

In everyones deed, all property runs to the center of the road which then establishes the ROW with 25' on each side of the center of the road. He mentioned when he started and we some what knew this, that the center of the road is NOT where it should be. Never could figure out why everyones property markers ( previous surveys ) didn't go to the center of the road but instead were all on the other side of the current road from our property.

Here is the surveyors explanation. First the development was layed out and surveyed lot by lot per the Plat survey, which is the governing document.. The road was then plotted using the center of everyones property. Well the dozer driver must have had to much moonshine !! They never followed the property markers ! The roads path was made according to where they could put a road ( rock ledges, steep drop offs etc. ).They got somewhat close but never down the center of the property lines. So instead of our property line being in the center of the current road it is 4' on the other side of the road toward our neighbors. When you get to the top of the road the center line of the road runs right through the middle of a power pole ! It was done all *** backwards. Should have put the road in first then plot the property lines.

The neighbor was home when we had the survey done and once in awhile he would come out and watch from a distance. He now knows where the true center line of the road is vs where the current road runs.

Yes...we did consult our lawyer on our options. By Tenn. law, even though there is a 50' ROW the easement is only for other property owners to access their property since this is private land. They have no right to damage or remove soil,rocks,trees etc off of your property and then take it and put it on their own property without permission. Told him we would hold off on filing anything and wait and see if the neighbor continues ...I think the neighbor understands, now that it has been surveyed.

As I have stated...thanks to everyones input here..... we have learned alot in this fiasco !! So have at it boys...maybe another 300 posts !!!

Now if I can just get Morton out here to build our barn. Have the materials but they are super busy. Lets me finish up on building the new kitchen cabinets.....

 

[LD48750]

Ohhhh..... This will really be interesting when we find out the assessment to rebuild the road in the ROW.

 

[747driver]

Survey Points.Thats the power pole in true center of the road..The other markers are property points and reflect true center of the road. The current road edge is 4 ft to the left.