Neighbor removed my property line pin

[MarkV]

The tree line is actually 8" inside the line on my property which made me feel better as I owned them entirely even if the branches extended into his

Are you sure about that part? I know if a tree limb from my neighbors tree falls on my shed it is my problem. I also know I have the right to remove anything that crosses my property line that restricts my desired use. Maybe it is a regional thing but when I was living in a residential neighborhood we had a problem like the example and both the insurance companies agreed that was the case. They are your trees but I am not sure he doesn't have the right to trim them anyway he wants up to his property line. After all if your trees grow 3' over the line he has lost use of that much property, in his case desired parking.

MarkV

 

[Pops15]

Have the surveyor reset the missing pin.
I think you'll regret planting the trees so close to the line. In some states the neighboring land owner can trim the encroaching limbs. Meaning your neighbor might be able to trim the limbs straight up from the property line and leave you with one sided trees.

 

[dave1949]

TCBoomer:

That is quite a story, could be pilot for a new TV reality show, "Neighbor Wars" :laughing:

It seems like the neighbor thought he would forever enjoy the view of your backyard. Orienting and placing his house to use a view he has no control over is just plain stupid on his part. Tossing poop over the line, that would be the last straw for most.

On the bush trimming, I think he does have the right to do what he wants with the portion that extends into his property, as long as he doesn't cause the tree to die is what I have heard.

 

[CBW1999]

Wow- quite an interesting saga to say the least. Glad I had a large mug of coffe to enjoy while I read.

You may want consider transplanting further than 8 inches from the line if possible. "Down the road"... the neighbor may be able to say you did it intentinally to "annoy, intimidate or harass" him with the issue of trimming and such. The expense now might be much less than down the road both repair wise and legal fees etc.

Good fences make good neighbors tends to be correct but it still needs to be approached carefully- I certainly don't envy your situation by any means.

 

[sixdogs]

In almost every instance I have heard of, trees get trimmed to the border line and it tough luck for you. Get a skid steer woth a tree spade and move them back. I have trimmed neighbor's trees. Tree spades are cheap since there is no ball and burlap but just going from one hole to another.
With the added details here, your situation will likley worsen some before it imoroves.

 

[TCBoomer]

I took a quick glance at the replies earlier using my phone and spent the rest of the day buried in thought. Thanks for the suggestions and comments!! I say that because after thinking about a worse case scenario and all the ramifications, I'm looking at the situation more sensibly now. I made a grave mistake back in 07 when the newer Arb's were planted...I briefly entertained the thought of planting the driveway line 3' off the line and that would have been end of discussion. However in my haste to get them planted, I only thought of the eye sore that would result as far as them being planted out of line with the existing mature ones. And not considering how much less work it would be only having to move the 40 or so remaining and not the entire 140 I face now. Now that I see it in print in front of me...re: replant in the correct spot, I've reconsidered and it is my only realistic and sensible option now. Thanks again to those who mentioned it!

I kick myself hard for not doing it then, as I wouldn't be in this position now.

But...as much as I dread what I'm facing, I'm going to move them. All 140 of them...gulp! I NEED to get this thorn off my back and might as well do it while I'm still capable and while the newer ones are still manageable. For now the plan is to concentrate on moving the small guys, about 100 and worry about moving the mature ones after. I do fear that the mature may die when moved, mainly due to minimal/lack of experience if anything. Hoping I learn a bit moving the smaller ones that will give me the confidence to move the big guys. I also plan to contact my tree guy who has been extremely helpful all along, even as recent as earlier this year when I tackled the trimming of them. Then there's you folks...plenty of knowledge in the brain trust here...so hopefully if any of you care to offer up any suggestions, advice or links to know-how, it would be sincerely appreciated.

So, with that said...tell me more about this tree spade please. I'm aware somewhat of what it is but that's about it. Never used one or seen one in action. I know google is my friend and plan to research it to its limits. Is this something that is available to rent? Can I buy one that would fit my New Holland TC24DA? $$?

If the $$ is out of my reach, I'll do it by hand. May take me forever lol, but I'll do it, that much I've decided. Might be best to start another thread about it as I've already got a dozen questions. And I know you folks like pics and projects. Seeing how the current fall/winter pattern here so far is following last years mild one, I'm optimistic enough to start now. It's a shame I spent all the time I did this past summer putting in the new mulch bed, but oh well, sux to be me

My plan would start off with removing all the mulch and marking/digging the holes. By early spring I would be ready to transplant. Sound doable? If the frost doesn't set in or too deep if it does, digging the holes would be a piece of cake.

I did tell my DW of my plans and at first she thought I was nutz! Not that I'm not lol
Seriously though, after I explained the whole worse case scenario including the possibility of a new owner/neighbor causing more grief than the current one, I think she's on board now. I'll give her a day or so for it to sink in more and see how she feels.

I can only imagine what the neighbor will think when he realizes what I'm doing...trust me he and his SO would be nosey enough to spy using binoculars.

 

[TCBoomer]

The tree line is actually 8" inside the line on my property which made me feel better as I owned them entirely even if the branches extended into his

Are you sure about that part?

MarkV

Sorry, I kind of mis-spoke. No shed or structure to worry about so now worry there. What I meant was being that they were planted 8" inside the boundary, I owned them completely and he couldn't make any claim to them if he tried. As for the trimming, yes he could trim them back to the line but I doubt he would unless they got as big as the mature ones. And even then I bet he would be hesitant.

Just for a reference, here's a shot of his side of the mature trees and his driveway. I have others but can't find them right now. He still has plenty of parking and even more room where the new ones are planted due to their smaller size. But considering that as easy as he agreed to their current planting location, he could also deny it all as someone mentioned. He's lied enough to me now that I wouldn't put anything past him any more. In a court of law I doubt this verbal agreement would hold much merit and I'd likely lose.

Then again, I do have one ace up my sleeve that could give me an edge and and good chance I'd prevail. But being this site is public, and no idea if he visits, I'd rather keep it under my hat for now. And this edge was explained to me by a legal beagle.

But any worry about what ~might~ happen in the future is behind me now.

I'm moving them where they belong and by doing so, I'll remove the 'cloud" he has over my head if you can call it that.

 

[aczlan]

Tree spade:
Compact Tractor Tree Spade - Erskine Attachments, Inc.
Dutchman Tree Spades | Tree Spade

Aaron Z

 

[RobertN]

you might be able to rent a skidsteer with a tree spade.

If in your position, I would research the tree and find what the mature size is. Then move them so they will be all on your property at full maturity. You should be able to find that info thru web search, your local University AG extension, local Master Gardeners, or a knowledgeable garden store.

Always find that information first. It will help with setback from property line. It will also help to space the plant to the next one, so they dont interfere with each others growth.

 

[Alan L.]

The surveyor might be able to relocate the pin fairly easily. I'd go that route and assume the best about your neighbor.