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  #1   Report Post  
Smitty Reeves
 
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Default Neighbor Problem

One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?

  #2   Report Post  
RBM
 
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Call your homeowner insurance agent. He will know the legalities in your
area. I had a situation like that and cut down a hundred year old tree on my
neighbor's property. When they sued me for $250,000 my homeowner insurance
company paid all my legal expenses and the $10,000 settlement
"Smitty Reeves" wrote in message
...
One of my neighbors has a giant maple tree overhanging my side yard. At
72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with
this?



  #3   Report Post  
Tony Hwang
 
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Default

Smitty Reeves wrote:
One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?

Hi,
Your neighbor is WRONG.
Sounds like you're nice guy.
Tony
  #4   Report Post  
JRanieri
 
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Default


"Smitty Reeves" wrote in message
...
One of my neighbors has a giant maple tree overhanging my side yard. At

72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with

this?


Well, whatever you do, don't accidentally spill a large quantity of potent
herbicide on your property under the drip line of the tree.

Seriously, trim away. Heck with the punk next door.


  #5   Report Post  
 
Posts: n/a
Default

Greetings,

Do you have a pre-existing feud with this guy? Normally people don't
cuss at someone who politely asks to trim a tree crossing the property
line. Even if there is something you aren't telling us I am going to
help you out as best I can because you are on the alt.home.repair forum
and your neighbor isn't.

Here is how I would handle the problem. I would send my neighbor a
written request by certified mail to cut the grass under the tree on
your side of the yard since he "will sue you" if you "touch the tree."
I would allow the grass (only under the tree) to grow until it is
considered a nuisance according to the city regulations. Then your
other neighbor who you are on good terms with can complain to the city
and they can write you a citation. You can then go into court with the
citation and a copy of your letter and subpoena your neighbor. Explain
to the judge that you are unable to cut the grass under the tree any
longer, offered to trim the tree, and offered to allow your neighbor to
maintain the grass under the tree. What more could you do? The judge
my ask your neighbor to allow you to cut the tree, tell your neighbor
he has no right (if he doesn't) or even reassign the citation to your
neighbor since you would have cut he grass had the neighbor not scared
you out of it with all the cussing.

Hope this helps,
William



  #6   Report Post  
RicodJour
 
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Default

Smitty Reeves wrote:
One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?



Hey Smitty. As the saying goes, don't wrestle with pigs, you'll only
get dirty and the pig likes it! Whenever I run into such a person who
is so tremendously rude for no apparent reason, I figure their homelife
must be pretty miserable and they feel compelled to take it out on
someone else.

Local statutes may very but the rule of thumb is that you may trim
branches overhanging your property as long as you don't trespass and as
long as you don't damage the tree. A trim to clear branches to mow
your lawn unimpeded isn't damaging the tree. Lopping off all the
branches on your side to make a point, and killing the tree some months
down the road, is.

This web page gives a pretty good overview of the issues if you want to
read up on it. http://tinyurl.com/88ehl

For a little levity on the same topic read this reply from the
_moderator_ of a legal newsgroup. Be forewarned, if you read the whole
thing you'll probably get a headache! http://tinyurl.com/ajg4j

R

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none
 
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Default

x-no-archive: yes

You could always decorate the branches that are hanging over with beer
cans, nice and high so he can see them. I am sure after a few months of
seing this mess, he might get the point and trim them for you ;-)

  #8   Report Post  
RicodJour
 
Posts: n/a
Default

wrote:
Greetings,

Do you have a pre-existing feud with this guy? Normally people don't
cuss at someone who politely asks to trim a tree crossing the property
line. Even if there is something you aren't telling us I am going to
help you out as best I can because you are on the alt.home.repair forum
and your neighbor isn't.

Here is how I would handle the problem. I would send my neighbor a
written request by certified mail to cut the grass under the tree on
your side of the yard since he "will sue you" if you "touch the tree."
I would allow the grass (only under the tree) to grow until it is
considered a nuisance according to the city regulations. Then your
other neighbor who you are on good terms with can complain to the city
and they can write you a citation. You can then go into court with the
citation and a copy of your letter and subpoena your neighbor. Explain
to the judge that you are unable to cut the grass under the tree any
longer, offered to trim the tree, and offered to allow your neighbor to
maintain the grass under the tree. What more could you do? The judge
my ask your neighbor to allow you to cut the tree, tell your neighbor
he has no right (if he doesn't) or even reassign the citation to your
neighbor since you would have cut he grass had the neighbor not scared
you out of it with all the cussing.

Hope this helps,
William


How is ****ing on the neighbor's shoes going to help things? It could
backfire as well. If such a letter was sent, and the neighbor agrees
to mow the lawn under the tree (already questionable character), Smitty
has now created a situation that is worse than before. He's given
permission for the neighbor to come onto his property on a regular
basis and maintain it.

Having to use a neighbor to collaborate against another neighbor,
having people subpoenaed and wasting time and money in the judicial
system is not the way to go about this...unless you want to inflame
things and **** everyone off and become the neighborhood pariah.

R

  #9   Report Post  
Mark and Kim Smith
 
Posts: n/a
Default

Smitty Reeves wrote:

One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?




I had a couple of neighbors arguing about trees and shrubs growing over
each others property lines. The city code enforcement came out and
settled it for them. Then the city girl saw my avocado tree growing
over one of the neighbors' yard. So she knocked on my door. She told
me that I had to clear what was over the property line. I told her that
I thought it was the neighbors responsibility to clear the tree. Nope!
My responsibility. So I cut it straight up the property line. Didn't
look so good. Besides, the local power company had been topping it
every two years and it hadn't given me any fruit for the last 8 years or
so. So I cut it down completely. No more problem! That's in my city.
Your mileage may vary.
  #10   Report Post  
Nick Hull
 
Posts: n/a
Default

In article .com,
" wrote:

Greetings,

Do you have a pre-existing feud with this guy? Normally people don't
cuss at someone who politely asks to trim a tree crossing the property
line. Even if there is something you aren't telling us I am going to
help you out as best I can because you are on the alt.home.repair forum
and your neighbor isn't.

Here is how I would handle the problem. I would send my neighbor a
written request by certified mail to cut the grass under the tree on
your side of the yard since he "will sue you" if you "touch the tree."
I would allow the grass (only under the tree) to grow until it is
considered a nuisance according to the city regulations. Then your
other neighbor who you are on good terms with can complain to the city
and they can write you a citation. You can then go into court with the
citation and a copy of your letter and subpoena your neighbor. Explain
to the judge that you are unable to cut the grass under the tree any
longer, offered to trim the tree, and offered to allow your neighbor to
maintain the grass under the tree. What more could you do? The judge
my ask your neighbor to allow you to cut the tree, tell your neighbor
he has no right (if he doesn't) or even reassign the citation to your
neighbor since you would have cut he grass had the neighbor not scared
you out of it with all the cussing.

Hope this helps,
William


It's a lot easier to spray Roundup on the leaves ovewrhanging your
property.

--
Free men own guns, slaves don't
www.geocities.com/CapitolHill/5357/


  #11   Report Post  
 
Posts: n/a
Default

Greetings,

I don't like the current legal system. I hate it. However, we are
forced to work within the system which is provided. I don't like my
taxes either and think the government should spend much less -- but I
pay them. It only takes one of the two sides to force the legal route.
The neighbor is going to take him to court if he touches the tree. If
he is sure the neighbor is bluffing he would have just cut the tree and
been done with it. My suggestion allows the case to be brought in
front of a judge without anyone suing anyone. The worst that could
happen is someone is required to pay a small fine for letting the grass
grow 1/4" too high.

I don't care if my neighbor comes an extra 5 feet into the edge of my
yard with a running lawnmower to cut my grass under his tree. The
neighbor doesn't have permission to be on the property otherwise or in
other areas not under the tree. I also don't think that the neighbor
would take him up on the offer. If he did, who cares, let him cut the
grass under the tree. Problem solved.

Hope this helps,
William

  #12   Report Post  
TURTLE
 
Posts: n/a
Default


"Smitty Reeves" wrote in message
...
One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?


This is Turtle.

Well me i would just cut them and tell him to bite me if he said anything.

well if you wanted to , you could invite a few mean ass types over to be around
in the yard while you cut them and he will keep his mouth shut. You can check
with any bar in town owner to see about getting 3 or 4 bad asses for a few hours
to come over while you cut the limbs. Find out what they drink and have a good
amount of it.

Tell me where you live at and i can send a few People over to have a drink with
you while you cut the limbs. I live in south Louisiana.

Anything like a low limbs like that can put your eye out and i would cut them
because of them being a danger for me and others.

TURTLE


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Edwin Pawlowski
 
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"TURTLE" wrote in message

Well me i would just cut them and tell him to bite me if he said anything.

well if you wanted to , you could invite a few mean ass types over to be
around in the yard while you cut them and he will keep his mouth shut. You
can check with any bar in town owner to see about getting 3 or 4 bad asses
for a few hours to come over while you cut the limbs. Find out what they
drink and have a good amount of it.


Not such a bad idea. I'd get out the chain saw, but I'd also take some steps
in case of retaliation. You may want to tell the story to the police, check
to be sure you can cut them (I'm 99.99% sure, but I'm not a lawyer) and tell
them when you are going to do so.
--
Ed
http://pages.cthome.net/edhome/


  #14   Report Post  
Dee
 
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Default

Are the branches overhanging (or partially overhanging) a public walkway
endangering people walking under it? If so, call the county inspector. In a
lot of municipalities the owner of any such tree can be cited and made to
trim it.





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TURTLE
 
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Default


"Edwin Pawlowski" wrote in message
m...

"TURTLE" wrote in message

Well me i would just cut them and tell him to bite me if he said anything.

well if you wanted to , you could invite a few mean ass types over to be
around in the yard while you cut them and he will keep his mouth shut. You
can check with any bar in town owner to see about getting 3 or 4 bad asses
for a few hours to come over while you cut the limbs. Find out what they
drink and have a good amount of it.


Not such a bad idea. I'd get out the chain saw, but I'd also take some steps
in case of retaliation. You may want to tell the story to the police, check
to be sure you can cut them (I'm 99.99% sure, but I'm not a lawyer) and tell
them when you are going to do so.
--
Ed
http://pages.cthome.net/edhome/


This is Turtle.

Here is one to add to it. You tell him well i had to cut the limb because i was
putting up a metal portable carport to park my truck under and the limbs were in
the way.

Also I forgot one thing here. i got into falling trees in a hurrican and here is
Louisiana if a tree falls from the next door neighbor and lands in your yard.
the person's yard that the tree landed in is responciable to clean it up. Now
here comes the part to fit here.

If a tree is on your neighbors land and limb stick over to on your land. You are
responciable to trim and maintain any part of the tree that is over or on your
land. You can trim or do as you please with any bush or tree that is hanging on
or above your land. Now for leaves falling off it. You can cut the limb on your
side but you have to let the leaves fall as they please from any limbs on the
other fellows land.

TURTLE

P.S. I would still tell him to just Bite Me and cut them.




  #16   Report Post  
PrecisionMachinisT
 
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Default


"TURTLE" wrote in message
...

"Edwin Pawlowski" wrote in message
m...

"TURTLE" wrote in message

Well me i would just cut them and tell him to bite me if he said

anything.

well if you wanted to , you could invite a few mean ass types over to

be
around in the yard while you cut them and he will keep his mouth shut.

You
can check with any bar in town owner to see about getting 3 or 4 bad

asses
for a few hours to come over while you cut the limbs. Find out what

they
drink and have a good amount of it.


Not such a bad idea. I'd get out the chain saw, but I'd also take some

steps
in case of retaliation. You may want to tell the story to the police,

check
to be sure you can cut them (I'm 99.99% sure, but I'm not a lawyer) and

tell
them when you are going to do so.
--
Ed
http://pages.cthome.net/edhome/


This is Turtle.

Here is one to add to it. You tell him well i had to cut the limb because

i was
putting up a metal portable carport to park my truck under and the limbs

were in
the way.

Also I forgot one thing here. i got into falling trees in a hurrican and

here is
Louisiana if a tree falls from the next door neighbor and lands in your

yard.
the person's yard that the tree landed in is responciable to clean it up.

Now
here comes the part to fit here.

If a tree is on your neighbors land and limb stick over to on your land.

You are
responciable to trim and maintain any part of the tree that is over or on

your
land. You can trim or do as you please with any bush or tree that is

hanging on
or above your land. Now for leaves falling off it. You can cut the limb on

your
side but you have to let the leaves fall as they please from any limbs on

the
other fellows land.

TURTLE

P.S. I would still tell him to just Bite Me and cut them.


I would just cut them branches with no fanfare at all.....

And then when he comes over to bitch about it, I'd tell him to get the hell
offa my property and when he don't leave immediately call in the cops on him
for tresspass.

--

SVL





  #17   Report Post  
meirman
 
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Default

In alt.home.repair on 17 Jun 2005 20:46:47 EDT Mark and Kim Smith
posted:

Smitty Reeves wrote:

One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?




I had a couple of neighbors arguing about trees and shrubs growing over
each others property lines. The city code enforcement came out and
settled it for them. Then the city girl saw my avocado tree growing
over one of the neighbors' yard. So she knocked on my door. She told
me that I had to clear what was over the property line. I told her that


I think maybe it is your responsibility, but you only have to do that
if the neighbor wants you to. I presume that the neighbor told the
city girl he wanted that.

I thought it was the neighbors responsibility to clear the tree. Nope!
My responsibility. So I cut it straight up the property line. Didn't
look so good. Besides, the local power company had been topping it
every two years and it hadn't given me any fruit for the last 8 years or
so. So I cut it down completely. No more problem! That's in my city.
Your mileage may vary.



Meirman
--
If emailing, please let me know whether
or not you are posting the same letter.
Change domain to erols.com, if necessary.
  #18   Report Post  
meirman
 
Posts: n/a
Default

In alt.home.repair on Fri, 17 Jun 2005 23:10:40 -0500 "TURTLE"
posted:


"Edwin Pawlowski" wrote in message
om...

"TURTLE" wrote in message

Well me i would just cut them and tell him to bite me if he said anything.

well if you wanted to , you could invite a few mean ass types over to be
around in the yard while you cut them and he will keep his mouth shut. You
can check with any bar in town owner to see about getting 3 or 4 bad asses
for a few hours to come over while you cut the limbs. Find out what they
drink and have a good amount of it.


Not such a bad idea. I'd get out the chain saw, but I'd also take some steps
in case of retaliation. You may want to tell the story to the police, check
to be sure you can cut them (I'm 99.99% sure, but I'm not a lawyer) and tell
them when you are going to do so.
--
Ed
http://pages.cthome.net/edhome/


This is Turtle.

Here is one to add to it. You tell him well i had to cut the limb because i was
putting up a metal portable carport to park my truck under and the limbs were in
the way.

Also I forgot one thing here. i got into falling trees in a hurrican and here is
Louisiana if a tree falls from the next door neighbor and lands in your yard.
the person's yard that the tree landed in is responciable to clean it up. Now
here comes the part to fit here.


You still use French law, though, don't you? Seriously.

I don't know French law, but if you have to clean up the mess, you
probably get to keep the wood. In British law, the baron or whoever
owned the land got a share of all the crops and fruit that his tenant
farmers, or serfs, or whatever sold. But if the wind knocked over a
tree, the tenant got to keep *all* the money he got for it. That's
why it's called a windfall.

If a tree is on your neighbors land and limb stick over to on your land. You are
responciable to trim and maintain any part of the tree that is over or on your
land. You can trim or do as you please with any bush or tree that is hanging on
or above your land. Now for leaves falling off it. You can cut the limb on your
side but you have to let the leaves fall as they please from any limbs on the
other fellows land.




TURTLE

P.S. I would still tell him to just Bite Me and cut them.



Meirman
--
If emailing, please let me know whether
or not you are posting the same letter.
Change domain to erols.com, if necessary.
  #19   Report Post  
meirman
 
Posts: n/a
Default

In alt.home.repair on 17 Jun 2005 17:31:08 -0700 "RicodJour"
posted:

Smitty Reeves wrote:
One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?



Hey Smitty. As the saying goes, don't wrestle with pigs, you'll only
get dirty and the pig likes it! Whenever I run into such a person who
is so tremendously rude for no apparent reason, I figure their homelife
must be pretty miserable and they feel compelled to take it out on
someone else.

Local statutes may very but the rule of thumb is that you may trim
branches overhanging your property as long as you don't trespass and as
long as you don't damage the tree. A trim to clear branches to mow
your lawn unimpeded isn't damaging the tree. Lopping off all the
branches on your side to make a point, and killing the tree some months
down the road, is.


Best advice I've read.

WRT other posts, even if it is true that the neighbor continues to own
the limbs and the fruit, since there is no valuable fruit from a maple
tree, I wouldn't put the branches back on his land until he asks for
them. Otherwise, it's like adding insult to injury.

If I thought the guy might really get angry, I might call the local
cops in advance and find some sergeant or higher to suggest how to go
about it. Get his name and the date and time you called.

I'd put the branches where he won't see them and he probably won't
even notice that it's been trimmed.

It's good that he only threatened to sue you. Once he starts to do
that, he'll learn he has no case, especially for limbs that aren't
even 6 feet off the ground.


This web page gives a pretty good overview of the issues if you want to
read up on it. http://tinyurl.com/88ehl

For a little levity on the same topic read this reply from the
_moderator_ of a legal newsgroup. Be forewarned, if you read the whole
thing you'll probably get a headache! http://tinyurl.com/ajg4j

R



Meirman
--
If emailing, please let me know whether
or not you are posting the same letter.
Change domain to erols.com, if necessary.
  #20   Report Post  
Norminn
 
Posts: n/a
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clipped

If a tree is on your neighbors land and limb stick over to on your land. You are
responciable to trim and maintain any part of the tree that is over or on your
land. You can trim or do as you please with any bush or tree that is hanging on


Somewhat true where I live. You can trim what is over your land UNLESS
the tree is owned by the city. Also, cannot mutilate trees (cut all
limbs from one side, etc). I can see why there are such laws. For
every law, there must have been at least one a--hole )

or above your land. Now for leaves falling off it. You can cut the limb on your
side but you have to let the leaves fall as they please from any limbs on the
other fellows land.

TURTLE

P.S. I would still tell him to just Bite Me and cut them.





  #21   Report Post  
JRanieri
 
Posts: n/a
Default


"TURTLE" wrote in message
...

"Smitty Reeves" wrote in message
...
One of my neighbors has a giant maple tree overhanging my side yard. At

72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if

he
would mind if I trimmed his tree because of the obstacle it creates.

It's
not like I'm going to be climbing on a ladder to trim this thing, but

just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with

this?


This is Turtle.

Well me i would just cut them and tell him to bite me if he said anything.

well if you wanted to , you could invite a few mean ass types over to be

around
in the yard while you cut them and he will keep his mouth shut. You can

check
with any bar in town owner to see about getting 3 or 4 bad asses for a few

hours
to come over while you cut the limbs. Find out what they drink and have a

good
amount of it.



I don't know - that plan didn't work out so well for the Rolling Stones at
Altamont.



  #22   Report Post  
Edwin Pawlowski
 
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"Norminn" wrote in message

For every law, there must have been at least one a--hole )


Wow, how true. I never thought of it that way.


  #23   Report Post  
Ken
 
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Default

Norminn wrote:
clipped

If a tree is on your neighbors land and limb stick over to on your
land. You are responciable to trim and maintain any part of the tree
that is over or on your land. You can trim or do as you please with
any bush or tree that is hanging on



Somewhat true where I live. You can trim what is over your land UNLESS
the tree is owned by the city. Also, cannot mutilate trees (cut all
limbs from one side, etc). I can see why there are such laws. For
every law, there must have been at least one a--hole )


Interesting thread, and SAD Smitty has such a neighbor. I agree with
the above comment however. You have the right to remove limbs that
obstruct YOUR use of YOUR land, but you do not have the right to cut
limbs just because they overhang your property. If it were me and I had
been threatened with a suit by the neighbor, I would first tell the
police of the incident and ask them to explain the law to your neighbor.
Then I would trim what was necessary and stay on your own property
while doing so.

It does not sound like Smitty wants to destroy the tree, but just to be
able to use his land. Trees are an asset even when they exist on a
neighbors property.

Ken

or above your land. Now for leaves falling off it. You can cut the
limb on your side but you have to let the leaves fall as they please
from any limbs on the other fellows land.

TURTLE

P.S. I would still tell him to just Bite Me and cut them.


  #24   Report Post  
Bob G.
 
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I would just cut them branches with no fanfare at all.....

And then when he comes over to bitch about it, I'd tell him to get the hell
offa my property and when he don't leave immediately call in the cops on him
for tresspass.

=======================\/========================

To be honest that is exactly how I would handle this situation....

IF I were a thinking man I may as my lawyer for his opinion...BUT in
either case those branches would be trimmed .. or ...I would become
creative ...lol

If he tried to sue me I would me laughing my ass off

Bob Griffiths
Thanking the good lord that I have excellent neighbors
  #25   Report Post  
William Brown
 
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Since your neighbor has started woofing, I would suggest you contact the
city, or local government (not the police) and ask for their help. In
my town, I'm pretty sure they would look at the situation, then they
would advise your neighbor to trim his tree. If he refused, the city
would trim it and bill him.

While it is common in the US that you have the right to trim anything
that overhangs your property, there are more and more places that place
restrictions on cutting trees (usually on removing them), so I think
involvement of the local authorities would protect you.

After he trims the tree, thank him. No use in letting bad feelings fester.

By the way, its almost certain that he would not sue you for trimming
the tree. Threatening to sue is almost always just talk, and if he
actually went to a lawyer, it would end when the lawyer asked for a
retainer.

Smitty Reeves wrote:
One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?



  #26   Report Post  
 
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On 18-Jun-2005, William Brown wrote:

By the way, its almost certain that he would not sue you for trimming
the tree. Threatening to sue is almost always just talk, and if he
actually went to a lawyer, it would end when the lawyer asked for a
retainer.


Threatening to sue is usually the first response of the powerless.
Anyone truly intending to sue would just keep quiet and let a letter from
their attorney do all the threatening they need.

I recently was threatened with a lawsuit for terminating an hourly
contractor prior to the entire job being finished. I let him rant on the
phone for a bit and told him that I didn't think a lawsuit was really in his
best interest but that if he insisted on it that he should simply have his
attorney contact me. Haven't heard from him since.
  #27   Report Post  
TURTLE
 
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"JRanieri" heck no wrote in message ...

"TURTLE" wrote in message
...

"Smitty Reeves" wrote in message
...
One of my neighbors has a giant maple tree overhanging my side yard. At

72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if

he
would mind if I trimmed his tree because of the obstacle it creates.

It's
not like I'm going to be climbing on a ladder to trim this thing, but

just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with

this?


This is Turtle.

Well me i would just cut them and tell him to bite me if he said anything.

well if you wanted to , you could invite a few mean ass types over to be

around
in the yard while you cut them and he will keep his mouth shut. You can

check
with any bar in town owner to see about getting 3 or 4 bad asses for a few

hours
to come over while you cut the limbs. Find out what they drink and have a

good
amount of it.



I don't know - that plan didn't work out so well for the Rolling Stones at
Altamont.


This is Turtle.

Rolling Stones ask the others party to come over to deal with. have a Party but
don't ask the other party to come over on your property.

TURTLE


  #28   Report Post  
G Henslee
 
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Smitty Reeves wrote:
One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?


In CA not only can you trim a neighbor's tree branches and roots that
encroach onto your property back to the property line, in some instances
you can recover the trimming costs and/ or costs for repair of damages
caused by that neighbor's tree branches or roots. Providing you do not
destroy the tree(s).
  #29   Report Post  
Nick Hull
 
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One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?


Try putting a pole in that touches the overhanging branch. Then plant
Kudzu at the base of the pole.

--
Free men own guns, slaves don't
www.geocities.com/CapitolHill/5357/
  #30   Report Post  
Phisherman
 
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On Fri, 17 Jun 2005 23:26:25 GMT, "Smitty Reeves" wrote:

One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?


You'll have to check local laws on this. I bet you can legally trim
any branches that get in your face while mowing, as long as the cut is
directly over your property. I have done this myself. And yes, it
is annoying for branches to hit the face.


  #31   Report Post  
hektik8
 
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While you are trimming the branches you can accidentally drop the saw
and maybe it'll chop off the neighbor's head.
  #32   Report Post  
Mort Guffman
 
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You should have gnawed the stump so it looked like a beaver did it.

mort


On Fri, 17 Jun 2005 19:34:16 -0400, "RBM" rbm2(remove
wrote:

Call your homeowner insurance agent. He will know the legalities in your
area. I had a situation like that and cut down a hundred year old tree on my
neighbor's property. When they sued me for $250,000 my homeowner insurance
company paid all my legal expenses and the $10,000 settlement

  #33   Report Post  
LFR
 
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"Smitty Reeves" wrote in message ...
One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?

Since the neighbor "won't" allow you to trim the branches on your side of the fence, explain that if you are harmed by his tree that you will sue him for your injuries.
  #34   Report Post  
PaPaPeng
 
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Default

On Fri, 17 Jun 2005 23:26:25 GMT, "Smitty Reeves" wrote:

The young man let go with some four
letter words, with finishing he will sue me if I touch his tree.



One action you should take is to take as many photographs as you can
to document the problem and also to record your afterwards (trimming)
solution Take some photos showing how the overhang is interfering
with your mowing, creating debris, too much shade, etc. That saves a
lot of I said - you said arguments when it comes to a complaint before
an arbitrator or judge. I love digital cameras.
  #35   Report Post  
JD
 
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I have the belief that even though the tree is in his yard the branches that come across the property line are yours to cut or trim. Do you have a city or town official to call and ask?
JD
"LFR" wrote in message news:ZXAte.136730$sy6.117174@lakeread04...

"Smitty Reeves" wrote in message ...
One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?

Since the neighbor "won't" allow you to trim the branches on your side of the fence, explain that if you are harmed by his tree that you will sue him for your injuries.


  #36   Report Post  
Ron DeBlock
 
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Sheesh! Why is that guy (Smitty's neighbor) freaking out over some
branches? Some people...

I've got exactly the opposite situation: the offending trees are on my
property, and the branches overhang my neighbor's lawn. She's an elderly
widow. When the branches cause trouble, she tells me and I trim them. No
big deal.

Trees have strange rules, as others have pointed out. Here's a
couple of examples from NJ:

A neighbors tree fell during a storm, crossing the property line. No
damage was done. After contacting insurance companies, the parties
learned that they were each responsible for the part of the tree that was
lying on their respective properties. However, since no damage was
done, no insurance claim would be paid.

During another storm, my one of my neighbors trees fell across my property
line and smooshed my fence. My insurance company paid to clean up the
part of the tree on my side of line (they left me all of the stuff good
for firewood), and repaired my fence. My neighbors insurance company
didn't pay anything, because there was no damage on his side. I did help
him cut tree into firewood.

--
Ron DeBlock N2JSO
If God had meant for Man to see the sunrise,
He would have scheduled it later in the day.

  #37   Report Post  
Tony Hwang
 
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Smitty Reeves wrote:
One of my neighbors has a giant maple tree overhanging my side yard. At 72
years young, I still mow my own grass. I keep my own trees trimmed so I
don't have to do the duck & weave while mowing. I asked my neighbor if he
would mind if I trimmed his tree because of the obstacle it creates. It's
not like I'm going to be climbing on a ladder to trim this thing, but just
so it doesn't smack my glasses off. The young man let go with some four
letter words, with finishing he will sue me if I touch his tree. What
happened to the country we used to live in? Do I have to put up with this?

Hi,
I have a feeling, you two are just about same kind. You need to look
after your own tree. Your tree branches are trespassing into his yard.
That ain't good unless he does not mind.
Tony
  #38   Report Post  
Lawrence Wasserman
 
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If a man cuts the branches of a neighbor's tree that overhang his
yard, and the neighbor is not there to hear it, will he make any
noise?



--

Larry Wasserman Baltimore, Maryland


  #39   Report Post  
kato
 
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"Lawrence Wasserman" wrote in message
...
If a man cuts the branches of a neighbor's tree that overhang his
yard, and the neighbor is not there to hear it, will he make any
noise?


Depends on whether there's a bear nearby taking a ****.






  #40   Report Post  
PhotoMan
 
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"kato" wrote in message
...

"Lawrence Wasserman" wrote in message
...
If a man cuts the branches of a neighbor's tree that overhang his
yard, and the neighbor is not there to hear it, will he make any
noise?


Depends on whether there's a bear nearby taking a ****.


If the neighbor's not there when the bear ****s, will it stink?


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