View Full Version : Legal advise on trees and property...........
O.k heres the rundown...
I have a slope that runs to the back of my property where I have a couple trees..
My trees are tall, and about 25 feet up, there are a couple of branches hanging over on this property. They aren't touching anything nor are they a bother.
I think I'm responsable for cutting them back, but does anyone know??
Here is the other thing......
My neighbor on the side of me has trees that the roots have lifted our entire fence. How much of the fence is he liable to replace. Do I have to pay for any of it??? His roots are all the way on my side and one of the main posts to the fence is now pushed in to a 45 degree angle on my side...
What should I do?
mike37
11-12-2005, 06:48 PM
call your local building department and ask them
if they don't handle it they will point you in the right direction
Outnumbered
11-12-2005, 06:48 PM
I am not a legal expert but this is the way I hear it should be:
You should pay to have your tree trimmed if it is crossing the property line even if it is not touching the ground (unless your neighbor is OK with it the way it is).
I would try to split the cost of the wall thing just to stay on good terms. You let it go too long and it could turn into a feud now that the damage is so severe. Technically, if the wall is on your property, he should pay. If its on the property line than it should be split, etc. Rather than go thru the cost and confrontation to have a survey done and point blame, I would just ask the guy to go in with you on the repair cost.
21rayson
11-12-2005, 06:49 PM
talk to him and see if you two can come to a agreement. and as far as the fence issue thats normally a 50/50. good luck.
Boatcop
11-12-2005, 06:50 PM
Trees on your property. Your trees.
You are responsible for keeping the limbs from encroaching on another's property. If the roots do damage to another's property, you are also responsible for any damage. In the case of a shared fence, it's still your problem. Even if you have agreed on joint ownership, your trees have damaged both his and your property. He doesn't have to pay for something he had no control over.
He is held harmless for any damages caused by your tree.
If you fail to rectify the problem, he can pay for repairs, hire a tree service, or otherwise mitigate the problem, and then sue you for the costs. His only obligation is to use ordinary care in correcting the problem, and not do permanent damage to the tree.
If he does, then you can sue him, but will have to prove that his actions permanantly damaged your property. (the tree)
EDIT:Re-read the question. The root problem is his. Just reverse the players in the above scenario, re the roots.
YeLLowBoaT
11-12-2005, 06:52 PM
On the branchs if they are a danger he can cut them, otherwise its on you. That being said its a grey area. lots of things can happend ether way both makeing your life hell. Its best to talk to them about it and solve it that way.
On the fence its a 50-50 split( normally) of the lowest bid of aprroved matieral and method by both partys. For a basic red wood its about 22- 35 a ft . Now in your case It would be up to a agrement between you or thru litagation. Lots of bad things can happen when lawyers get involed over little ssh*t.
Rexone
11-12-2005, 06:53 PM
My guess is boatcop has been out on a couple "tree" calls. lol :D
Outnumbered
11-12-2005, 06:55 PM
Trees on your property. Your trees.
You are responsible for keeping the limbs from encroaching on another's property. If the roots do damage to another's property, you are also responsible for any damage. In the case of a shared fence, it's still your problem. Even if you have agreed on joint ownership, your trees have damaged both his and your property. He doesn't have to pay for something he had no control over.
He is held harmless for any damages caused by your tree.
If you fail to rectify the problem, he can pay for repairs, hire a tree service, or otherwise mitigate the problem, and then sue you for the costs. His only obligation is to use ordinary care in correcting the problem, and not do permanent damage to the tree.
If he does, then you can sue him, but will have to prove that his actions permanantly damaged your property. (the tree)
EDIT:Re-read the question. The root problem is his. Just reverse the players in the above scenario, re the roots.
The way I read it is that the other guy damaged his wall. I would still try to split it. Fueds are no good. Plus, that is years worth of damage that could have been prevented long ago with some root trimming had he brought it up earlier.
Outnumbered
11-12-2005, 06:56 PM
As an aside, this is why I hate trees.
You should move out here than, you would love it :rollside:
YeLLowBoaT
11-12-2005, 06:59 PM
One thing I forgot about that might be important depend the ezments, draining rights, and local codes. It can change your liabilty/ resonapblity with the tree. If you are not the orig owner of the home its worth taking a look into the county records. Not really a big deall unless you go to court and find out your skrewed by some old ezment that you did not know about and now its going to cost you 10k.
Boatcop
11-12-2005, 07:27 PM
My guess is boatcop has been out on a couple "tree" calls. lol :D
Naw. I watch a lot of Judge Judy and Joe Brown.
Actually, I had a similar fence / neighbor problem. Before I bought the place, the neighbor planted a row of oleanders right on the property line. He had put up some of that orange plastic net temp fencing as a fence between the properties.
After his dogs got through and killed my kid's 4-H rabbit, he accused my dog of getting through and impregnating his dog. Raised a big stink until I brought the dog over and showed him he was fixed. (Pissed him off)
I came home and saw him putting up corrugated steel as a fence on my side of the oleanders. I told him I would be giving him a letter saying that he had my permission to construct the fence, and then recording the letter at that County Recorder's office, so that adverse possession wouldn't be a factor down the line, and screw up future title/survey issues. I then had to go away for the weekend.
When I came back the fence was up. But on HIS side of the plants. :D
Rexone
11-12-2005, 07:31 PM
Naw. I watch a lot of Judge Judy and Joe Brown.
Actually, I had a similar fence / neighbor problem. Before I bought the place, the neighbor planted a row of oleanders right on the property line. He had put up some of that orange plastic net temp fencing as a fence between the properties.
After his dogs got through and killed my kid's 4-H rabbit, he accused my dog of getting through and impregnating his dog. Raised a big stink until I brought the dog over and showed him he was fixed. (Pissed him off)
I came home and saw him putting up corrugated steel as a fence on my side of the oleanders. I told him I would be giving him a letter saying that he had my permission to construct the fence, and then recording the letter at that County Recorder's office, so that adverse possession wouldn't be a factor down the line, and screw up future title/survey issues. I then had to go away for the weekend.
When I came back the fence was up. But on HIS side of the plants. :D
:D
Corregated Steel... I'm sure that was attractive.
Boatcop
11-12-2005, 07:32 PM
:D
Corregated Steel... I'm sure that was attractive.
I don't see it. The oleanders block it out. :D
Rexone
11-12-2005, 07:37 PM
shit head neighbors suck. I'm lucky to have good ones now. When I was a kid though at my moms house I had a real azzhole next door. Tried to poison my dog among many other things. It went downhill from there.
Fortunately I was young at the time and somewhat reserved / shy. If anyone tried that shit today I would likely kill the azzhole that screwed with my dog and would be living in san quinten.
Its nice to have a big enough yard to keep the neighbors at a distance.....they are always asking what Im doing in my shop.....when I tell them thats where I hide the bodies...they stop asking... :D
Rexone
11-12-2005, 07:44 PM
when I tell them thats where I hide the bodies...they stop asing... :D
If they only knew you weren't kidding. :2purples:
btw what the hell's an asing? Sounds like a Bench Racers term to me.
If they only knew you weren't kidding. :2purples:
They have to be put somewhere...Talk about a priceless moment...The woman across the street ....when the neighborhood was first built.....she has since moved.....came down my driveway one day.....never even said hi,or introduced her self....and said im the block captain for the homeowners association...and I demand to know what you are doing in there...and I want to see it.....when I told her thats where I hide the bodies....she went totally pale ...turned and walked away...and never spoke to me again...The next house will be in the middle of 25 acres....with no neighbors in sight...
If they only knew you weren't kidding. :2purples:
btw what the hell's an asing? Sounds like a Bench Racers term to me.
an asing is ...asking with a stuck...k
Thanks for all the help!!!
I will cut whatever is hanging over my property line,
But as for the fence thing................
I told my neighbor when I bought the house that the roots were already causing damage and to remove them,
He refused, so I told him he would have to replace the fence.
He was kinda a dick about it and said, "No, we both will be going halves on a fence"
Because of this reaction, and my warning, he can replace the whole thing cuz I'm not dropping a penny into something I tried to stop in the first place!
Powered by vBulletin® Version 4.2.5 Copyright © 2024 vBulletin Solutions Inc. All rights reserved.