leza wang wrote:
Hi
I just would love to hear your opinion about this. There is a fence between our house and neighbor. None of us build the fence. We bought the houses and the fence was/is there. The neighbor are now doing waterproof the basement. So they are digging the area close to fence. They asked me if I will allow them to move the dirt to my place (just easier than moving to the front of their house). I said no (I do not want to get all the mess, they are hiring unprofessional workers and this has been going for 4 weeks. These workers do not have even the right tools to do the job). Anyway, yesterday we were away when we came back we saw the fence boards are removed except the frame and the dirt moved to our backyard! (see pictures below please).

I expressed my disapproval strongly to the workers because the owner/neighbor was not there. The workers said you are neighbor and you should help etc and they promise to removed it today and said they put blue tar underneath so my backyard will be clean after. I was angry with them because they did not take my permission but then I said OK fine because I want to keep good term between us. Today they said they can not remove the dirt and need another day. They asked kindly so I said that is ok but I want it to be removed tomorrow.

I have the back of the fence (if you can see from the picture). It seems the person who lived before my current neighbor built the fence but not sure. Who really own the fence now? can each of us do anything with the fence without telling the other if they can do this or that?

Thanks a lot.

http://tinypic.com/r/25t7wy8/5 (my house is to the Left)
http://tinypic.com/r/25g9bol/5 (my house is to the Right)
http://tinypic.com/r/2432smq/5 (my house is to the Right)



Question for Leza:

Are the neighbors still "not there" or are they around, and if they are,
have you mentioned the matter to them again, or have all your exchanges
been with the workers?

Jeff

--
Jeffry Wisnia
(W1BSV + Brass Rat '57 EE)
The speed of light is 1.8*10^12 furlongs per fortnight.

"DerbyDad03" wrote in message

The neighbor's tree dropped a large limp on my house, fence and deck.

The comic possibilities are endless. I'm overwhelmed. (-:

if any of the remaining limps fell on my property my ins co
would go after them for the cost of cleanup.

You made me spit on my monitor envisioning a neighbor with a tree full of
limping guys just ready to jump on your property. I'll go out "on a limb"
and assume a spelling checker did this to you.

We'll see what happens when it happens.

Good luck. I am in the middle of a similar "wait and see" situation with a
tree stump (10' tall, actually) with the fence growing *through* it (multple
boles, same root ball). The mulberry tree I had cut down last year just
returned to life with a vengeance, sprouting two dozen very healthy new
branches from the old stump (also pretty tall). How do you kill these
things dead for good? Silver axe? Crucifix? Kryptonite?

--
Bobby G.

"dadiOH" wrote in message
...

stuff snipped

http://tinypic.com/r/25t7wy8/5 (my house is to the Left)
http://tinypic.com/r/25g9bol/5 (my house is to the Right)
http://tinypic.com/r/2432smq/5 (my house is to the Right)

(Leza - keep taking lots of pictures. If there's ever a nasty escalation to
small claims court or an insurance claim, you'll need them all.)

Since you told the neighbor NOT to put the excavated material in your yard
they should not have done so.

If the yard crew is as informal as it sounds, it's easy to believe that
communications got screwed up somehow. They do all the time for me with
casual labor. If they are improving the property then reasonable
accommodations are in order - as long as they clean up. That's where the
photos will be handy to show whether restoration of the property has been
accomplished.

Since that was done anyway and you acquiesed,
you are now stuck with it. Frankly, I don't see the harm as there really
isn't any landscaping be messed up/

Nor do I see permanent harm and I can see why they chose to move the dirt
the shortest distance possible. It's what I would have done! Of course, I
would be mad that I thought we had an agreement not to do it and they
breached, but my very smart ex-boss used to always say: "Pick your battles."
It takes often just seconds to screw up a neighborly "relationship" for
years, even decades. This is where you need to be able to tell the
difference between a tragedy and burned potato.

--
Bobby G.
+

On 8/10/13 1:37 PM, Robert Green wrote:

Good luck. I am in the middle of a similar "wait and see" situation with a
tree stump (10' tall, actually) with the fence growing *through* it (multple
boles, same root ball). The mulberry tree I had cut down last year just
returned to life with a vengeance, sprouting two dozen very healthy new
branches from the old stump (also pretty tall). How do you kill these
things dead for good? Silver axe? Crucifix? Kryptonite?

--
Bobby G.

Play an endless loop of Dr. Laura for it. Maybe a continuous loop
of Rozanne Barr singing The Star Spangle Banner would kill it quicker.

"Bob F" wrote in message
...
Wes Groleau wrote:
On 08-09-2013 23:56, Bob F wrote:
Hot-Text wrote:
boundary is called the yard-line
Who yard-line side is the fence on?

For I put up a fence I ask the neighbor to go 50/50 with me
he said no
So I put it on my side of the yard-line and pay for it all
2 year after the neighbor tree fall on it
he pay 100% to fix it

Nice neighbor! He probably didn't have to.

If he has a mortgage, he has insurance. If the "injured party" has
insurance, and makes a claim, his insurance company pays well and
promptly to avoid wasting time and money in a court case they know
they would lose. Then they raise the other guy's rates.

The only way he can avoid an increase of premiums is to settle
directly and quickly to keep the insurance companies out of it.

My understanding is that a tree falling is considered an "Act of God", and
is the problem of the recipient, not the tree owner - many places anyway.

True---Except when that happened to me---my neighbor claimed it was an act
of God--tree on his property fell and did substantial damage to my
property--- I got pictures of the fallen tree showing that he had it staked
with guy wires to keep it up. I warned him it would come down in a strong
wind and it did. I told my insurance company (who paid for the clean up and
damage) to go after his company. They did, his company paid and I got my
deductable back.
MLD

"Robert Green" wrote in

Good luck. I am in the middle of a similar "wait and
see" situation with a tree stump (10' tall, actually)
with the fence growing *through* it (multple boles, same
root ball). The mulberry tree I had cut down last year
just returned to life with a vengeance, sprouting two
dozen very healthy new branches from the old stump (also
pretty tall). How do you kill these things dead for
good? Silver axe? Crucifix? Kryptonite?

We don't have mulberrys but we do have Brazilian pepper trees. More of a
gigantic bush, really, very hard to kill.

My methodology - it works - is...

1. Cut down as much as possible

2. Put a thick cotton or paper towel pad over the stump

3. Saturate the pad with concentrated Rodeo (or RoundUp or 2-4D)

4. Wrap aluminum foil over the pad and around the stump

5. Tie string around stump to secure the foil.

6. Wait


--

dadiOH
____________________________

Winters getting colder? Tired of the rat race?
Taxes out of hand? Maybe just ready for a change?
Check it out... http://www.floridaloghouse.net

On Fri, 9 Aug 2013 15:44:08 -0700 (PDT), "
wrote:

On Friday, August 9, 2013 6:31:00 PM UTC-4, Lonesome Dove wrote:
On Fri, 9 Aug 2013 17:58:47 -0400, "Stormin Mormon"

wrote:



Be very careful. You might find yourself in the hole before the dirt goes

back in.



Christopher A. Young

Learn about Jesus

www.lds.org





leza wang wrote:

Hi

I just would love to hear your opinion about this. There is a fence

between our house and neighbor. None of us build the fence. We bought

the houses and the fence was/is there. The neighbor are now doing

waterproof the basement. So they are digging the area close to fence.

They asked me if I will allow them to move the dirt to my place (just

easier than moving to the front of their house). I said no (I do not

want to get all the mess, they are hiring unprofessional workers and

this has been going for 4 weeks. These workers do not have even the

right tools to do the job). Anyway, yesterday we were away when we

came back we saw the fence boards are removed except the frame and

the dirt moved to our backyard! (see pictures below please).



I expressed my disapproval strongly to the workers because the

owner/neighbor was not there. The workers said you are neighbor and

you should help etc and they promise to removed it today and said

they put blue tar underneath so my backyard will be clean after. I

was angry with them because they did not take my permission but then

I said OK fine because I want to keep good term between us. Today

they said they can not remove the dirt and need another day. They

asked kindly so I said that is ok but I want it to be removed

tomorrow.



I have the back of the fence (if you can see from the picture). It

seems the person who lived before my current neighbor built the fence

but not sure. Who really own the fence now? can each of us do

anything with the fence without telling the other if they can do this

or that?



Thanks a lot.



http://tinypic.com/r/25t7wy8/5 (my house is to the Left)

http://tinypic.com/r/25g9bol/5 (my house is to the Right)

http://tinypic.com/r/2432smq/5 (my house is to the Right)





I'd get the name of every person doing th work. Then I'd have them

sign an agreement with you that if they did not put everything back

exactly as it was they will pay to have it done. I'd make all of them

sign it by telling them if they don't you will file trespass and

vandalism charges against them. Explain to them that the charges might

not stick but it will cost them more in legal fees than it will to

clean up the mess.

If she follows that advice, it's likely to cost her a lot in legal
fees. You can't enter into an agreement with a contractor that gives
them permission to access your property and then file false trespass
charges because they failed to perform to that agreement. You gave them
permission, they were not trespassing and if they sue you for false
arrest, legal fees, lost work, damage to their reputation, etc, they
would win.

You misread my response. The filing of the charges is the result of
them failing to sing an agreement, not violating an agreement.


Then you have a leg to stand on and you haven't

alienated your neighbor. Out in the country where we live, good fences

make good neighbors. It shouldn't be any different in the city.

**

Lonesome Dove

The problem of course is that the neighbor has already taken a
dump in her lap.

On Sat, 10 Aug 2013 15:52:13 -0400, "dadiOH"
wrote in Re fence "boundary" issue
with neighbor:

My methodology - it works - is...

1. Cut down as much as possible

2. Put a thick cotton or paper towel pad over the stump

3. Saturate the pad with concentrated Rodeo (or RoundUp or 2-4D)

4. Wrap aluminum foil over the pad and around the stump

5. Tie string around stump to secure the foil.

6. Wait

That looks like a good procedure. I will give it a try next time I
need to kill a stump. Thanks.
--
Web based forums are like subscribing to 10 different newspapers
and having to visit 10 different news stands to pickup each one.
Email list-server groups and USENET are like having all of those
newspapers delivered to your door every morning.

On Sat, 10 Aug 2013 03:52:36 -0400, micky
wrote:

On Fri, 09 Aug 2013 17:31:00 -0500, Lonesome Dove
wrote:



I'd get the name of every person doing th work. Then I'd have them
sign an agreement with you that if they did not put everything back

I wouldn't sign anything like that.

Then I'd file trespass and vandalism charges against you and let you
pay a lawyer to defend that.


exactly as it was they will pay to have it done. I'd make all of them
sign it by telling them if they don't you will file trespass and
vandalism charges against them.

This sounds a little like extortion.

And you could run that up the flag pole and see how it turns out.


Explain to them that the charges might
not stick but it will cost them more in legal fees than it will to
clean up the mess.

This sounds even more like extortion, if one is admitting the charges
are likely invalid, but they will have to pay lawyers.

You guys don't seem to read very well.

This may sound unfair to you and even to me, but it was either here or
the legal newsgroup where there was a discussion of the boundary
between extortion and legal behaviour, and iirc this is either right
on the boundary, or it's extortion. . I would google groups for
those discussions and then check with a lawyer before I made any
threats.

A claim of encroachment is not extortion. I didn't quite make it to
graduation at Bates College of Law but I did stay in a Holiday Inn
several times and I survived both "Torts" and "Contracts" classes.
Plus I've filed many small claims cases and have never lost one. I'm
not the smartest guy on the block but I'm not the dumbest either.

Then you have a leg to stand on and you haven't
alienated your neighbor. Out in the country where we live, good fences
make good neighbors. It shouldn't be any different in the city.

Of course things are different in the city. Although extortion
might be the same.

**
Lonesome Dove

Ashton Crusher wrote:
On Fri, 09 Aug 2013 18:54:40 -0700, Tony Hwang
wrote:

PV wrote:
TomR wrote:
leza wang wrote:
Hi
I just would love to hear your opinion about this. There is a
fence between our house and neighbor. None of us build the fence.
We bought the houses and the fence was/is there. The neighbor are
now doing waterproof the basement. So they are digging the area
close to fence. They asked me if I will allow them to move the
dirt to my place (just easier than moving to the front of their
house). I said no (I do not want to get all the mess, they are
hiring unprofessional workers and this has been going for 4
weeks. These workers do not have even the right tools to do the
job). Anyway, yesterday we were away when we came back we saw the
fence boards are removed except the frame and the dirt moved to
our backyard! (see pictures below please).

snip


Hi Leza,

Welcome back.

Frankly, I don't think you have any real problem here. It looks
like they are just digging down next to their house to probably
parge and/or replace their basement wall on that side, and maybe
do some other things there to try to waterproof their basement.
They
probably had to do the digging by hand (meaning shovels) because
there is so little room there. And, they are right that it would
have been much more difficult to try to move the dirt out front as
they dig. And, it looks like when they are done, they are going to
have to put the dirt back in the hole anyway. So, why make them
dig the dirt, move it out front, then move it back again to put it
back
in the whole. And, as someone else wrote, it doesn't appear that
you had any real landscaping going on there anyway.
If it were me in your situation, I would have just let them do what
they are doing and put the dirt on my property, and then move the
dirt back off of my property afterward when they re-fill the hole.
And, I'm sure their plan is to put the fence back together.

They probably covered the dirt with the blue tarp so if it rains
the dirt doesn't wash all over the place and maybe even back into
the
hole that they are digging.

My vote is to just let them do what they and leave them alone about
it.
Good luck.

A voice of reason among the cries of the lynch mob, good response
and Leza should listen.

Hmmm,
I concur for the sake of good will between neighbors.
If you start a war between neighbors no one wins.

OMG, you are going to let the neighbor WALK ALL OVER YOU. CALL THE
COPS, Get an injunction. Run up a bunch of legal bills. Get a
survey, stop all work till it's surveyed. Call in the Marines. Make
life as difficult for the neighbor as possible, it's the only way to
prove what a man you are.

Sure, spend your days and nights calling out the Marines (do they have them
in Canada) and escalating the whole situation. Make it an ego issue --
"they can't do that to ME!", etc.

I think not. My vote still is to just lighten, let it go, and move on.
It's no big deal and it will work out in the end. They just need some time
to finish what they started.

wrote:
On Friday, August 9, 2013 9:27:47 PM UTC-4, Dean Hoffman wrote:
On 8/9/13 2:42 PM, leza wang wrote:

Hi I just would love to hear your opinion about this. There is a

fence between our house and neighbor. None of us build the fence. We

bought the houses and the fence was/is there. The neighbor are now

doing waterproof the basement. So they are digging the area close to

fence. They asked me if I will allow them to move the dirt to my

place (just easier than moving to the front of their house). I said

no (I do not want to get all the mess, they are hiring
unprofessional

workers and this has been going for 4 weeks. These workers do not

have even the right tools to do the job). Anyway, yesterday we were

away when we came back we saw the fence boards are removed except
the

frame and the dirt moved to our backyard! (see pictures below

please).

Tom R's advice seems the most sensible assuming the neighbors are
easy to get along with.

In your experience are neighbors who pile dirt onto your property
and house after asking if they can do that and being told no, easy
to get along with?

To me, it wouldn't matter if the neighbors were morons or complete doofuses
or even arrogant. I wouldn't lose any sleep over it. Just "keep your eyes
on the prize" and give them a chance to put the dirt back in the whole and
finish the job.

And, yes, I like the idea of asking them to just remove the whole fence
while they are at it rather than trying to put it back up. As others
mentioned, it is in a bad location and makes it harder for Leza to do work
on her own house -- including if she ends up having to dig out her side on
the outsider to waterproof her own basement.

Or, Leza could just get a gun, walk over to them, put it up to her own head
and if you don't stop I'll shoot, and if they laugh tell them, Don't laugh,
you're next. (okay, I'm not much of a comedian, but you get the idea -- let
it go and move on).

TomR wrote:
wrote:
On Friday, August 9, 2013 9:27:47 PM UTC-4, Dean Hoffman wrote:
On 8/9/13 2:42 PM, leza wang wrote:

Hi I just would love to hear your opinion about this. There is a

fence between our house and neighbor. None of us build the fence.
We

bought the houses and the fence was/is there. The neighbor are now

doing waterproof the basement. So they are digging the area close
to

fence. They asked me if I will allow them to move the dirt to my

place (just easier than moving to the front of their house). I said

no (I do not want to get all the mess, they are hiring
unprofessional

workers and this has been going for 4 weeks. These workers do not

have even the right tools to do the job). Anyway, yesterday we were

away when we came back we saw the fence boards are removed except
the

frame and the dirt moved to our backyard! (see pictures below

please).

Tom R's advice seems the most sensible assuming the neighbors
are easy to get along with.

In your experience are neighbors who pile dirt onto your property
and house after asking if they can do that and being told no, easy
to get along with?

To me, it wouldn't matter if the neighbors were morons or complete
doofuses or even arrogant. I wouldn't lose any sleep over it. Just
"keep your eyes on the prize" and give them a chance to put the dirt
back in the whole and finish the job.

Okay, I meant put the dirt back into the hole, not the whole, but you get
the idea.

On 8/10/13 5:19 PM, TomR wrote:

Or, Leza could just get a gun, walk over to them, put it up to her own head
and if you don't stop I'll shoot, and if they laugh tell them, Don't laugh,
you're next. (okay, I'm not much of a comedian, but you get the idea -- let
it go and move on).

Now ya dun it. You triggered a memory of the Blazing Saddles movie.
http://tinyurl.com/n59s7am About 2:35 into the clip.

On 08-10-2013 06:45, DerbyDad03 wrote:
The neighbor's tree dropped a large limp on my house, fence and deck.
My insurance company paid for all cleanup and repairs. They also notified
neighbor's insurance company that in their opinion the tree was not in good
health and if any of the remaining limps fell on my property my ins co
would go after them for the cost of cleanup.

There's an oak in my side yard that is contstantly dropping large
things. It's only a matter of time before it severely damages my house
or the neighbor's.

I find myself wondering whether a "reputable" company like MetLife would
pay the five grand to have it removed to avoid the damage claim that
seems inevitable. ($5K is not farfetched due to a not very accessible
location.)

I've told myself a dozen times I need to call the agent and ask,
but during business hours, I'm so #$$%^&% busy I forget to eat lunch.

--
Wes Groleau

Alive and Well
http://freepages.religions.rootsweb.com/~wgroleau/

"micky" wrote in message

stuff snipped

I was angry with them because they did not take my permission

AIUI, only the owner talked to you and you said no, Maybe he
misunderstood you or maybe he just didnt' answer when his employee
asked where to put the dirt and what to do about the fence, and the
head employee decided to open the fence and put it on your property.

I agree. This could easily be a communications error. The only important
questions a will the area be returned to its previous state (or better)
and is the imposition enough to "go to war" over?

but then I said OK fine because I want to keep good term between us.

Yes, in the long run, that was the right thing to do. In the short
run too.

Yes. If there's the possibility of long-term damage it's a different story,
but with the right documentation, if the neighbor won't return your land to
its prior state, you can hire someone to do that and then stick them or
their insurers with the bill - eventually. Going to court should be the
last option.

Today they said they can not remove the dirt and need another day. They
asked kindly so I said that is ok but I want it to be removed tomorrow.

One day to a subcontractor is like a week. This is true no matter
how much or how little they charge.

How sadly true! (-:

I have the back of the fence (if you can see from the picture). It
seems the person who lived before my current neighbor built the fence but
not sure. Who really own the fence now?

Its ownership doesn't change. What trader4 said in his first
paragraph. BUT I don't think you need to get into this.

Only a survey (or perhaps a notation on the county land records) is going to
say for sure whose side the fence is on and even that may not be the final
word depending on local laws or previous agreements between land owners.

stuff snipped

I wouldn't do anything Trader4 suggests in this second paragraph.

Nor would I. The many possible bad outcomes seem to strongly outweigh any
good things that can come of it.

There is no way the n'bor will be convicted of any criminal charge,
and he shouldn't even face a civil suit.

Not in any jurisdiction I've ever lived in, anyway. If my current
experience is relevant, when either neighbor "calls in the county" the
authorities are going to look for other violations/problems and the result
could be expensive for *everyone.*

The recent parking problems we had in my neighborhood have escalated into
open screaming matches in the middle of the street. The county's been out
and ticketed everyone for anything they could find, as if to say: "If *we*
have to come in to settle your neighbor disputes, everyone's going to be
sorry."

If they are working on it every day it is not raining and it's dry
enough to work, they'll be done soon,

Yes. This is a situation requiring monitoring and patience, not escalation.

When your husband does something that requires a lot of nerve, you can
forgive him and try to have a better life in the future, or you can
divorce him and live somewhere else. In this case, neither of you are
moving and you'll have to live next to an angry n'bor for who knows
how many years. I have a semi-angry n'bor and it's not pleasant.

I have a good neighbor now and it's a much better way to live. You never
know when you're going to fall off a ladder and your life will depend on
your neighbor calling 911 promptly instead of walking away and deciding to
let your litigious ass rot in the grass. (-:

--
Bobby G.

"PV" edrnouser@ spam telus.net wrote in message
...
TomR wrote:

stuff snipped

My vote is to just let them do what they and leave them alone about
it.
Good luck.

A voice of reason among the cries of the lynch mob, good response and Leza
should listen.

--
PV

Agreed. I can certainly tell which posters here would make the kind of
neighbors that most people seriously hope to avoid.

My neighbor just recently came onto my property, cut down at least 20
branches from a mulberry tree stump that's come back to life, neatly stacked
the branches in MY driveway (unused area) and then took them to the curb on
yard waste collection day. To some people here, that would be grounds
enough to call in Seal Team Six to assassinate her. (-: The reality is she
did a lot of work I would have had to do eventually.

--
Bobby G.

"Vic Smith" wrote in message

stuff snipped

After the workers remove the dirt, bake you neighbors a cake

You sly SOB. How did you know I was going to say the same damn thing!?

and thank
them for having that fence torn down.
It was an eyesore and served no purpose. It's totally stupid and was
probably put up by one of the previous owners when he was feuding with
his neighbor. Scrap wood and time on his hands.

It's almost karmic how what was probably a "feud" fence is working its
unfriendly magic again years and years later. This is a case where despite
some bumps in the road, the end result promises to be noticeable
improvements on both sides of the fence. If Leza ever needs to access her
neighbor's land to work on her house, not going ape**** this time could make
that future incursion go a lot more smoothly. Of course, there are some
people who think if you don't address every slight, imagined or not, your
manhood will be questioned and you'll be bitch-slapped for the rest of time.
What a way *not* to live.

When houses are close to one another like that, all such a fence does
is make maintenance difficult on that side of the houses.
Hard enough getting the right footing for a ladder in such a narrow
space without a useless fence in the way.
You should offer to go half and half on fences from house to house at
the ends, with a gate in back.
Keeps it from being a pathway for kids.
While you're it, make it level and top it with gravel.
Even weeds won't grow there.
You should really restrain your inclination to be a bitch about this,
and work with your neighbor.

Absolutely. In my (rational, I think) world it takes more than an isolated
single incident that could be explained by a communications failure to brand
a neighbor an asshole. Leza should keep that camera working overtime just
in case the neighbors *are* assholes. I say it's way too early to tell if
they're incorrigible and that doing the exact wrong thing could easily turn
them into permanent assholes who will try to screw you at every opportunity.
That's no way to live.

--
Bobby G.

"Lonesome Dove" wrote in message

stuff snipped

You misread my response. The filing of the charges is the result of
them failing to sing an agreement, not violating an agreement.

What key should they sing it in? (-:

--
Bobby G.

"TomR" wrote in message
...

stuff snipped

To me, it wouldn't matter if the neighbors were morons or complete
doofuses
or even arrogant. I wouldn't lose any sleep over it. Just "keep your
eyes
on the prize" and give them a chance to put the dirt back in the whole and
finish the job.

Exactly. Keep in mind this is actually a "good" sort of dispute where one
party is making improvements to his home. There are other, more unfortunate
disputes that require less tact and more "act".

To me, the "call the police" sort of dispute is when the renters next door
have a 2AM bonfire in the backyard that causes a large apple tree to catch
fire with 10 P&F vehicles responding. And if you keep the cameras rolling
while it happens and you might be lucky enough to get your drunken neighbors
saying, on video, what "wannabe assholes the volunteer FD workers" were.

The arsonist neighbors were gone in short order, as they should have been
and the owner next door was more carefully about tenant selection. Document
any bad neighbor situation with video or still photographs, but do it
discreetly if you want to hope to maintain good relations.

If you're filming them shoveling dog waste onto your property, you might
have to forego discretion, but most times the pictures serve to refresh
people's memory or prove to a claims adjuster that the facts were as you
described them in your claim. Stuff happens, workmen get it wrong, all
sorts of things can make an accident look like a deliberate offense when
it's not.

And, yes, I like the idea of asking them to just remove the whole fence
while they are at it rather than trying to put it back up. As others
mentioned, it is in a bad location and makes it harder for Leza to do work
on her own house -- including if she ends up having to dig out her side on
the outsider to waterproof her own basement.

And IIRC, she had some basement water issues. Now might be the time to
address them with a work crew already on site. Good relations with my
neighbor means we often share the cost of landscaping, minor repairs, etc.
We even get good prices on things like roofing because of how much easier it
is for a roofer to do a two-fer. Yes, having a good neighbor has some
substantial payoffs. This thread has exposed some interesting and rather
surprising differences on "how to live your life" theories.

Or, Leza could just get a gun, walk over to them, put it up to her own
head
and if you don't stop I'll shoot, and if they laugh tell them, Don't
laugh,
you're next. (okay, I'm not much of a comedian, but you get the idea --
let
it go and move on).

Part of owning a house and getting older is to learn the difference between
a tragedy and a burned potato. Lots of people never get there.

--
Bobby G.

"Dean Hoffman" " wrote in message
...
On 8/10/13 5:19 PM, TomR wrote:

Or, Leza could just get a gun, walk over to them, put it up to her own
head
and if you don't stop I'll shoot, and if they laugh tell them, Don't
laugh,
you're next. (okay, I'm not much of a comedian, but you get the idea --
let
it go and move on).

Now ya dun it. You triggered a memory of the Blazing Saddles movie.
http://tinyurl.com/n59s7am About 2:35 into the clip.

I knew it sounded familar. My favorite part of BZ was the recruiting
speech:

I want rustlers, cut throats, murderers, bounty hunters, desperados, mugs,
pugs, thugs, nitwits, halfwits, dimwits, vipers, snipers, con men, Indian
agents, Mexican bandits, muggers, buggerers, bushwhackers, hornswogglers,
horse thieves, bull dykes, train robbers, bank robbers, ass-kickers,
****-kickers and Methodists.

--
Bobby G.

"Dean Hoffman" " wrote in message

stuff snipped

Maybe a continuous loop of Rozanne Barr singing The Star Spangle Banner
would kill it quicker.

RB's singing could kill most anything but I suspect it violates the Geneva
Convention.

Thanks for the input but I suspect I'll need a less obtrusive solution.

--
Bobby G.

"dadiOH" wrote in message
...
"Robert Green" wrote in

Good luck. I am in the middle of a similar "wait and
see" situation with a tree stump (10' tall, actually)
with the fence growing *through* it (multple boles, same
root ball). The mulberry tree I had cut down last year
just returned to life with a vengeance, sprouting two
dozen very healthy new branches from the old stump (also
pretty tall). How do you kill these things dead for
good? Silver axe? Crucifix? Kryptonite?

We don't have mulberrys but we do have Brazilian pepper trees. More of a
gigantic bush, really, very hard to kill.

Yep, they are very definitely Steven Seagal trees: they are very "Hard to
Kill."

My methodology - it works - is...

1. Cut down as much as possible

Check.

2. Put a thick cotton or paper towel pad over the stump

3. Saturate the pad with concentrated Rodeo (or RoundUp or 2-4D)

4. Wrap aluminum foil over the pad and around the stump

Was going to drill several bore holes about 1' deep and 1" wide in a 8"
diameter stump and do the same, but plugging the holes with some caulking.

5. Tie string around stump to secure the foil.

6. Wait

I've had people recommend anti-freeze or gasoline to fill the bore holes.
My landscaper friend said the holes should be as close to the bark as you
can get them because that's where the "circulation" of the tree occurs.
Clearly the stump's too tall and needs cutting back. I'll probably do the
"lethal injection" somewhere during the cutting back process because I am
sure it violates some obscure local, state, federal or UN law. Google Earth
can't see at night! Yet.

Thanks for your input, DadiOH. It confirms my nefarious plans for Mr.
Mulberry, the resurrection tree were on the right track.

--
Bobby G.

"Wes Groleau" wrote in message

stuff snipped

There's an oak in my side yard that is contstantly dropping large
things. It's only a matter of time before it severely damages my house
or the neighbor's.

I find myself wondering whether a "reputable" company like MetLife would
pay the five grand to have it removed to avoid the damage claim that
seems inevitable. ($5K is not farfetched due to a not very accessible
location.)

That's an interesting question. Subrogation means that MetLife (who I
presume insures you) would go after your neighbor's insurance company to
recover any monies they paid out on your behalf. It's your neighbor's
insurer that has the financial interest in not whacking your home, car or
loved ones with a huge (and very heavy) oak branch.

If you contact your agent, he will be able to tell through a cooperative
insurance database who insures your neighbor and could contact them to
inform them of the potential nuisance. A lot will depend on whether the
tree appears to be in distress. The outcome could also be affected by
whether you asked for permission to trim the branches on your side and were
denied access. The Catch-22 of trimming is that it can damage the tree,
especially if poorly done, and the neighbor would have a claim against you.
It's no wonder that tree and dog cases overwhelm most local small claims
courts.

I'd take pictures of every branch that fell. I do video walk-arounds every
spring so I can see what trees have normal budding and which have dead
"limps" (sorry, DD - I really liked that typo!). It serves as evidence
should a limb break off that I did my "due diligence" and did not know of
any existing defect. Besides, it's just a good idea to do that sort of a
walk around early every spring when lush spring growth of later months is
not likely to conceal dead branches.

I spotted some big dead branches on my red maple one recent spring and
called the county. A week later it was gone and the trunk sections showed a
massive plume of rot coming from a damaged branch and going all the way down
to the root. The wound from a prior break left an area that trapped rain
water and that was enough to kill the tree. Then, the displaced squirrels
tried to move into my attic. Apparently they were there to prove the
phrase: "Adding insult to injury."

--
Bobby G.

"MLD" wrote in message ...
"Bob F" wrote in message

stuff snipped

My understanding is that a tree falling is considered an "Act of God",
and
is the problem of the recipient, not the tree owner - many places
anyway.

True---Except when that happened to me---my neighbor claimed it was an act
of God--tree on his property fell and did substantial damage to my
property--- I got pictures of the fallen tree showing that he had it
staked
with guy wires to keep it up. I warned him it would come down in a strong
wind and it did. I told my insurance company (who paid for the clean up
and
damage) to go after his company. They did, his company paid and I got my
deductable back.

Good job in getting your deductible back. You were right to document
everything. I often wonder how many millions of small claims cases have
been lost because of lack of good photographs? In an era where almost every
cell phone is a camera, too, not having evidence like you did is hard to
understand.

Your case is also a perfect example of subrogation:

http://en.wikipedia.org/wiki/Subrogation

Some embedded "subro" clauses in your car or home insurance policies are
quite onerous and can have some seriously negative consequences for the
insured.

Subrogation can thus in rare instances deprive the consumer of the benefit
of the Make Whole Doctrine, the right of an injured party to recover full
damages. This abrogation of Make Whole doctrine puts the insurer in the
position of having first claim to an at-fault party's assets, even if the
assured is left with reduced damages from the insurer as a result (see
Northern Buckeye vs Lawson - 2004).[18] In other words, the law's intent to
prevent dual recovery by the assured can lead to less-than-equitable
recovery (see Roger Baron).
In the cited case, the Ohio Supreme Court ruled that the language of the
assured's insurance contract overruled Ohio's statutory default Make-Whole
Doctrine. For this reason, an insured client needs a full awareness of
subrogation clauses in their insurance contracts, including insurance
provided by employers, fraternal organizations, etc.

Subro in auto accidents can mean your insurer decides to pay off a
questionable claim listing you as the "at fault" party and there's very
little you can do about it. They have that right under most insurance
agreements and it can affect your premiums for three years in most
jurisdictions.

Worse than that, you can't even sue the other party to try to clear yourself
(for example subpoenaing intersection camera footage from the county to
prove you had the green light) because subrogation usually forces you to
give up the right to sue - IF you accept the insurance payout.

--

Bobby G.

On Saturday, August 10, 2013 10:37:59 PM UTC-4, Robert Green wrote:
"micky" wrote in message



stuff snipped



I was angry with them because they did not take my permission



AIUI, only the owner talked to you and you said no, Maybe he

misunderstood you or maybe he just didnt' answer when his employee

asked where to put the dirt and what to do about the fence, and the

head employee decided to open the fence and put it on your property.



I agree. This could easily be a communications error. The only important

questions a will the area be returned to its previous state (or better)

and is the imposition enough to "go to war" over?



but then I said OK fine because I want to keep good term between us.



Yes, in the long run, that was the right thing to do. In the short

run too.



Yes. If there's the possibility of long-term damage it's a different story,

but with the right documentation, if the neighbor won't return your land to

its prior state, you can hire someone to do that and then stick them or

their insurers with the bill - eventually. Going to court should be the

last option.



Today they said they can not remove the dirt and need another day. They

asked kindly so I said that is ok but I want it to be removed tomorrow.



One day to a subcontractor is like a week. This is true no matter

how much or how little they charge.



How sadly true! (-:



I have the back of the fence (if you can see from the picture). It

seems the person who lived before my current neighbor built the fence but

not sure. Who really own the fence now?



Its ownership doesn't change. What trader4 said in his first

paragraph. BUT I don't think you need to get into this.



Only a survey (or perhaps a notation on the county land records) is going to

say for sure whose side the fence is on and even that may not be the final

word depending on local laws or previous agreements between land owners.



stuff snipped



I wouldn't do anything Trader4 suggests in this second paragraph.



Nor would I. The many possible bad outcomes seem to strongly outweigh any

good things that can come of it.



The problem is there is already a bad outcome. She has a neighbor
that doesn't give a damn about her or her property rights. The
neighbor has trespassed and piled debris on her property after
specifically being told not to do so. They even threw it right against
the house. They lied about putting a tarp down to keep it neat. No way I would ignore that and let some skunk walk all over me.






There is no way the n'bor will be convicted of any criminal charge,

and he shouldn't even face a civil suit.



Not in any jurisdiction I've ever lived in, anyway. If my current

experience is relevant, when either neighbor "calls in the county" the

authorities are going to look for other violations/problems and the result

could be expensive for *everyone.*



Yeah, I suppose if you have a toxic waste dump on your property.
Or you're parking your car on the neighbor's property without
permission. But if you call the police to get the skunk neighbor to stop
trespassing, they aren't going to search your house.



The recent parking problems we had in my neighborhood have escalated into

open screaming matches in the middle of the street. The county's been out

and ticketed everyone for anything they could find, as if to say: "If *we*

have to come in to settle your neighbor disputes, everyone's going to be

sorry."



If they are working on it every day it is not raining and it's dry

enough to work, they'll be done soon,



Yes. This is a situation requiring monitoring and patience, not escalation.



Sure, be a pussy and let a neighbor trespass and use your
property to store construction debris on, instead of their own.
Not in my world.





When your husband does something that requires a lot of nerve, you can

forgive him and try to have a better life in the future, or you can

divorce him and live somewhere else. In this case, neither of you are

moving and you'll have to live next to an angry n'bor for who knows

how many years. I have a semi-angry n'bor and it's not pleasant.



I have a good neighbor now and it's a much better way to live. You never

know when you're going to fall off a ladder and your life will depend on

your neighbor calling 911 promptly instead of walking away and deciding to

let your litigious ass rot in the grass. (-:



--

Bobby G.

The problem of course is that she doesn't have a "good" neighbor.
A "good" neighbor would not have done what this one just did. So,
the problem already exists. The only remaining issue is whether you
want to be someone who lets someone walk all over you or if you are
going to stand up for your rights.

On Saturday, August 10, 2013 6:19:58 PM UTC-4, TomR wrote:
wrote:

On Friday, August 9, 2013 9:27:47 PM UTC-4, Dean Hoffman wrote:

On 8/9/13 2:42 PM, leza wang wrote:



Hi I just would love to hear your opinion about this. There is a



fence between our house and neighbor. None of us build the fence. We



bought the houses and the fence was/is there. The neighbor are now



doing waterproof the basement. So they are digging the area close to



fence. They asked me if I will allow them to move the dirt to my



place (just easier than moving to the front of their house). I said



no (I do not want to get all the mess, they are hiring

unprofessional



workers and this has been going for 4 weeks. These workers do not



have even the right tools to do the job). Anyway, yesterday we were



away when we came back we saw the fence boards are removed except

the



frame and the dirt moved to our backyard! (see pictures below



please).



Tom R's advice seems the most sensible assuming the neighbors are

easy to get along with.



In your experience are neighbors who pile dirt onto your property

and house after asking if they can do that and being told no, easy

to get along with?



To me, it wouldn't matter if the neighbors were morons or complete doofuses

or even arrogant. I wouldn't lose any sleep over it.

The issue isn't if the neighbor is a moron, a dufus, or arrogant.
The issue is the neighbor has trespassed on her property, piled
dirt not only on your property, but directly against the house
itself, when told specifically that she would not allow them to do
so. I wouldn't lose any sleep over it either. But I'll be damned
if I'm going to be a pussy, do nothing and not stand up for my rights when
someone is violating them and sticking a finger in my eye.





Just "keep your eyes

on the prize" and give them a chance to put the dirt back in the whole and

finish the job.



And, yes, I like the idea of asking them to just remove the whole fence

while they are at it rather than trying to put it back up. As others

mentioned, it is in a bad location and makes it harder for Leza to do work

on her own house -- including if she ends up having to dig out her side on

the outsider to waterproof her own basement.



Or, Leza could just get a gun, walk over to them, put it up to her own head

and if you don't stop I'll shoot, and if they laugh tell them, Don't laugh,

you're next. (okay, I'm not much of a comedian, but you get the idea -- let

it go and move on).

The more people like you let skunk neighbors get away with crap,'
the more they do it to everyone else. As for the neighbor helping
Leza out with the fence, etc, given what I've seen already, that
is likely a pipe dream. Someone reasonable and decent would not do
what that skunk neighbor just did. These people take, take, take, do
what they please, because they obviously don't give a rat's ass about
anyone else.

On 8/10/13 11:09 PM, Robert Green wrote:

I've had people recommend anti-freeze or gasoline to fill the bore holes.
My landscaper friend said the holes should be as close to the bark as you
can get them because that's where the "circulation" of the tree occurs.
Clearly the stump's too tall and needs cutting back. I'll probably do the
"lethal injection" somewhere during the cutting back process because I am
sure it violates some obscure local, state, federal or UN law. Google Earth
can't see at night! Yet.


Supposedly pouring salt in the bore holes will do the trick.
I've never tried it so can't speak from personal experience.

On Sat, 10 Aug 2013 23:36:15 -0400, "Robert Green"
wrote:

"Lonesome Dove" wrote in message

stuff snipped

You misread my response. The filing of the charges is the result of
them failing to sing an agreement, not violating an agreement.

What key should they sing it in? (-:

Bb with a C6th or an E9th steel
**
Lonesome Dove

The conversation is way off bass. The offending neighbor
should slip a tenor, and that would hit the right note.
No reason for this to reach a crescendo, as long as they
are octavely trying to reach harmony. Sadly, they are
off to a sour note. If I'm in tune, I can hear the
discord. My humor goes a bit awry, no off-fence intended.

..
Christopher A. Young
Learn about Jesus
www.lds.org
..

On 8/11/2013 9:21 AM, Lonesome Dove wrote:
On Sat, 10 Aug 2013 23:36:15 -0400, "Robert Green"
wrote:

"Lonesome Dove" wrote in message

stuff snipped

You misread my response. The filing of the charges is the result of
them failing to sing an agreement, not violating an agreement.

What key should they sing it in? (-:

Bb with a C6th or an E9th steel
**
Lonesome Dove

But it does have a certain rhythm to it.
**
Lonesome Dove

On Sun, 11 Aug 2013 09:59:35 -0400, Stormin Mormon
wrote:

The conversation is way off bass. The offending neighbor
should slip a tenor, and that would hit the right note.
No reason for this to reach a crescendo, as long as they
are octavely trying to reach harmony. Sadly, they are
off to a sour note. If I'm in tune, I can hear the
discord. My humor goes a bit awry, no off-fence intended.

.
Christopher A. Young
Learn about Jesus
www.lds.org
.

On 8/11/2013 9:21 AM, Lonesome Dove wrote:
On Sat, 10 Aug 2013 23:36:15 -0400, "Robert Green"
wrote:

"Lonesome Dove" wrote in message

stuff snipped

You misread my response. The filing of the charges is the result of
them failing to sing an agreement, not violating an agreement.

What key should they sing it in? (-:

Bb with a C6th or an E9th steel
**
Lonesome Dove

"Dean Hoffman" " wrote in message
...
On 8/10/13 11:09 PM, Robert Green wrote:

I've had people recommend anti-freeze or gasoline to fill the bore
holes.

stuff snipped

Supposedly pouring salt in the bore holes will do the trick.
I've never tried it so can't speak from personal experience.

Sounds like an easy thing to try first. Thanks.

--
Bobby G.

On Sat, 10 Aug 2013 17:35:48 -0500, Dean Hoffman
" wrote:

On 8/10/13 5:19 PM, TomR wrote:

Or, Leza could just get a gun, walk over to them, put it up to her own head
and if you don't stop I'll shoot, and if they laugh tell them, Don't laugh,
you're next. (okay, I'm not much of a comedian, but you get the idea -- let
it go and move on).

Now ya dun it. You triggered a memory of the Blazing Saddles movie.
http://tinyurl.com/n59s7am About 2:35 into the clip.

"The Story of Judge Roy Bean" starring Walter Brennan.

....take him out and hang him and hang the horse too

A great movie.

He fines a dead guy for laying in the street for loitering, after
being shot.

The fine was what was found in the pockets.

The Westerner:

http://www.imdb.com/title/tt0033253/reviews

"That's My Ruling."

On Sun, 11 Aug 2013 02:15:40 -0700 (PDT), "
wrote:


The more people like you let skunk neighbors get away with crap,'
the more they do it to everyone else.

That isn't proven but it does seem reasonable. OTOH, the more n'bors
don't fight with the selfish n'bors, the less the latter get a gun and
kill a bunch of people. It's hard to judge the effect on society of
one act.

As for the neighbor helping
Leza out with the fence, etc, given what I've seen already, that
is likely a pipe dream. Someone reasonable and decent would not do
what that skunk neighbor just did. These people take, take, take, do
what they please, because they obviously don't give a rat's ass about
anyone else.

Leza certainly didn't help things. The owner came over to her, as
one should, and asked if he could put the dirt there, and she said
no. I would have said Yes. Sure, she had a legal right to, but
she's the first obstinate one. (apparently, never mind how much extra
work it would be in that small space to do it without using her land)

And the notion that they would be making a mess on her property
strikes me as silly. This stretch of land didnt' have any grass or
bushes, or even paving stones, afaict.

That they may have piled dirt against her house... so what? When
most of the dirt is shoveled back in the hole, the garden hose or the
rain will wash away any dirt that's sticking to the wall.

Well done

On Sun, 11 Aug 2013 09:59:35 -0400, Stormin Mormon
wrote:

The conversation is way off bass. The offending neighbor
should slip a tenor, and that would hit the right note.
No reason for this to reach a crescendo, as long as they
are octavely trying to reach harmony. Sadly, they are
off to a sour note. If I'm in tune, I can hear the
discord. My humor goes a bit awry, no off-fence intended.

.
Christopher A. Young
Learn about Jesus
www.lds.org
.

On 8/11/2013 9:21 AM, Lonesome Dove wrote:
On Sat, 10 Aug 2013 23:36:15 -0400, "Robert Green"
wrote:

"Lonesome Dove" wrote in message

stuff snipped

You misread my response. The filing of the charges is the result of
them failing to sing an agreement, not violating an agreement.

What key should they sing it in? (-:

Bb with a C6th or an E9th steel
**
Lonesome Dove

On Sat, 10 Aug 2013 14:37:04 -0400, "Robert Green"
wrote:

"DerbyDad03" wrote in message

The neighbor's tree dropped a large limp on my house, fence and deck.

The comic possibilities are endless. I'm overwhelmed. (-:

if any of the remaining limps fell on my property my ins co
would go after them for the cost of cleanup.

You made me spit on my monitor envisioning a neighbor with a tree full of
limping guys just ready to jump on your property. I'll go out "on a limb"
and assume a spelling checker did this to you.

We'll see what happens when it happens.

Good luck. I am in the middle of a similar "wait and see" situation with a
tree stump (10' tall, actually) with the fence growing *through* it (multple
boles, same root ball). The mulberry tree I had cut down last year just
returned to life with a vengeance, sprouting two dozen very healthy new
branches from the old stump (also pretty tall). How do you kill these
things dead for good? Silver axe? Crucifix? Kryptonite?

Can't you make mulberry pie?

You got me beat, there,
that's neat, fair.

..
Christopher A. Young
Learn about Jesus
www.lds.org
..

On 8/11/2013 12:04 PM, Lonesome Dove wrote:
But it does have a certain rhythm to it.
**
Lonesome Dove

On Sun, 11 Aug 2013 09:59:35 -0400, Stormin Mormon
wrote:

The conversation is way off bass. The offending neighbor
should slip a tenor, and that would hit the right note.
No reason for this to reach a crescendo, as long as they
are octavely trying to reach harmony. Sadly, they are
off to a sour note. If I'm in tune, I can hear the
discord. My humor goes a bit awry, no off-fence intended.

.
Christopher A. Young
Learn about Jesus
www.lds.org
.

On 08/09/2013 12:42 PM, leza wang wrote:

I expressed my disapproval strongly to the workers because the
owner/neighbor was not there. The workers said you are neighbor and
you should help etc and they promise to removed it today and said
they put blue tar underneath so my backyard will be clean after. I
was angry with them because they did not take my permission but then
I said OK fine because I want to keep good term between us. Today
they said they can not remove the dirt and need another day. They
asked kindly so I said that is ok but I want it to be removed
tomorrow.

Go out tonight and take a dump in the hole where they work, and cover it
lightly with enough dirt so it is not readily apparent, but not so much
that it is buried.

Whatever animosity you feel towards them now will dissolve away when you
see them working the next day.

Jon

On Sunday, August 11, 2013 4:53:47 PM UTC-4, micky wrote:
On Sun, 11 Aug 2013 02:15:40 -0700 (PDT), "

wrote:





The more people like you let skunk neighbors get away with crap,'

the more they do it to everyone else.



That isn't proven but it does seem reasonable. OTOH, the more n'bors

don't fight with the selfish n'bors, the less the latter get a gun and

kill a bunch of people. It's hard to judge the effect on society of

one act.



I see. So, on the chance that one in a million neighbor's is
a total nut case, we should let everyone trample all over us.
By the same theory, if I'm robbed, I shouldn't report it, because
the robber might retaliate. Hell, I guess if I hire a contractor
and they don't finish the job, I shouldn't do anything about that
either, because they might come back and burn my house down.




As for the neighbor helping

Leza out with the fence, etc, given what I've seen already, that

is likely a pipe dream. Someone reasonable and decent would not do

what that skunk neighbor just did. These people take, take, take, do

what they please, because they obviously don't give a rat's ass about

anyone else.



Leza certainly didn't help things. The owner came over to her, as

one should, and asked if he could put the dirt there, and she said

no. I would have said Yes. Sure, she had a legal right to, but

she's the first obstinate one. (apparently, never mind how much extra

work it would be in that small space to do it without using her land)



Never mind how much extra work it would be? How about if it's
really not much extra work or even no extra work at all? Leza said
it just meant they didn't have to take the dirt to the front
of the neighbor's house. Like rolling a wheelbarrow
a few feet further and dumping it on the neighbor's own property
makes for some extraordinary amount of work?
And if it's an extra two man hours of work, that's what $50?
For $50 on a $1000 job, she's "obstinate" because she didn't want
the mess on her property? Good grief!

Oh, and for all you "just let them go on doing what they're doing"
folks, how many of you have been the first ones to tell people
that they should not allow any workmen on your property without
them proving they have insurance? But now it's OK for a neighbor
to send over some half-assed workers who probably aren't insured
and Leza is being obstinate? When they trip over a tree root
in her yard, slam their head into concrete foundation and sue
her, then what?





And the notion that they would be making a mess on her property

strikes me as silly. This stretch of land didnt' have any grass or

bushes, or even paving stones, afaict.



That they may have piled dirt against her house... so what? When

most of the dirt is shoveled back in the hole, the garden hose or the

rain will wash away any dirt that's sticking to the wall.

Look, it's fine if you want to let someone **** on your head
and then make all kinds of excuses about why it's OK, like
it's really just like rain or you needed a shower anyway. But me,
I'm not putting up with someone trying to pull it with me.

On 08-11-2013 00:25, Robert Green wrote:
"Wes Groleau" wrote in message

stuff snipped

There's an oak in my side yard that is contstantly dropping large
things. It's only a matter of time before it severely damages my house
or the neighbor's.

I find myself wondering whether a "reputable" company like MetLife would
pay the five grand to have it removed to avoid the damage claim that
seems inevitable. ($5K is not farfetched due to a not very accessible
location.)

That's an interesting question. Subrogation means that MetLife (who I
presume insures you) would go after your neighbor's insurance company to
recover any monies they paid out on your behalf. It's your neighbor's
insurer that has the financial interest in not whacking your home, car or
loved ones with a huge (and very heavy) oak branch.

While your analysis is informative, I did type "in _my_ side yard."


--
Wes Groleau

Ostracism: A practice of sticking your head in the sand.

On 8/10/2013 7:56 PM, Wes Groleau wrote:
I find myself wondering whether a "reputable" company like MetLife would pay the five grand to have it removed to avoid the damage claim that seems inevitable. ($5K is not farfetched due to a not very accessible location.)

You can try it but I suspect if the tree has *any* dead branches, they won't renew your HO policy.