Massive down tree on our new fence

[Mike in Ohio]

http://good-times.webshots.com/album/568475025rNbtmu

Here are some pictures. This tree is humungous. The one part took out about 60 feet of fenceline (including posts) and you can see the other piece over the fence. Don't know how we will get that down without damaging the fence (peel back the fencing, drop it and put the fence back?)

Mike

[Bearfootfarm]

I'd cut the fence, clear the tree, then splice it back together.

It's going to be a tough job no matter how you do it. Good luck!

[seedspreader]

Mike, that sucks. Well, at least you've got more firewood eh?

[Quint]

My sincere condolences. Seriously. Nothing worse than putting all of that work into a fence and having a tree come down and tear it up. I've been there too.

Personally I'd just drop it, drag it out of the way and then fix the damage. Who knows you might get lucky when it falls. Your gonna have to fix a bunch of fence anyway.

At least you didn't have cattle get out or something. Nothing like getting a call at 2 am that the cattle are out because a tree fell over on the fence. Of course it is usually around 33 degrees, raining and snowing and blowing 40 MPH. That's when trees always come down and when cows always get out.

Oh and you just know that if you have one new section of fence and the rest rotting and falling down, the tree will inevitably fall on the new fence you just put up. It's a law of nature or something.

[Mike in Ohio]

Quint, The fence was put up because we do plan on running animals.

The thing that bugs me is that I have a half mile of (new) fence along the line (on my property, not a line fence) where this neighbors land is uphill from mine.

The tree had visible rot on the trunk towards the base. I don't plan on getting in a legal battle with him this time, but he has an obligation to maintain his property (trees) so as to avoid damaging my fence. Where the law gets weird is that if it is an act of god then I have no recourse but if he is negligent then he is liable.

The other thing is that he absolutely won't work together even if it is in his own interest. So I will remove the wood up to the property line and repair the fence. That still leaves large sections of trunk on the hill and representing potential damage to the fence. He IS liable if that trunk rolls down and damages the fence. Seeing as he doesn't want to work together then he can drag those pieces of trunk all the way up the hill as far as I'm concerned. It would have been much easier from his perspective for them to have been taken down through my property.

I think what I'm going to do is start taking an annual walk along the property line with a digital camera and taking pictures. I'm sending him a notice by certified mail that he needs to take reasonable efforts to ensure that his trees do not damage my fence.

I can see where this is going to be an ongoing issue with this neighbor.

On the bright side, I think I'm going to try to make an oak table top from a single piece of oak as wellas trying to salvage some other usable wood rather than just cut it up for fire wood.

Mike

[GBov]

I know that chunky slices of wood make great tables adn fetch a great price too! Using odd bits of twisted forking branches to make the legs and using slices about 3 or 4 inches thick makes for a lovely piece of art, never mind a table.

Who knows, you might be glad the tree fell on your fence after all lol

[Mike in Ohio]

I don't know about being glad but life is too short to angst over things like this.

I'm also going to set aside some of the smaller diameter branches for innoculating for growing mushrooms.

Mike

[bill not in oh]

Have chain saw - will travel....

Call me

[MELOC]

this is an odd issue. having forested land and lots of neighbors, you mean i am liable to keep a 100 foot tree-free barrier between my trees and neighboring property?

[manfred]

I don't think so but people can sue for almost any reason and you have to pay a lawyer to defend yourself.

[Mike in Ohio]

Meloc,

It's not that you have to keep 100 feet free. If you haven't been put on notice then it is hard for someone to claim you were negligent.

What you might want to consider doing is walk your property line and look for trees that are diseased,show rot or are dying and deal with them as needed.

I've done this on our other property lines where there are fence. I didn't anticipate something like this from the other side though.

Mike

[Mike in Ohio]

Bill,

I'd like to take you up on that <G>. We could at least clear the smaller stuff where the fence is down. If you want to bring a shotgun for the start of gun season you are more than welcome to take some deer off our place. They really liked that buckwheat.

Mike

[MELOC]

for the most part, most of my neighbors are respectful. i do have one or two that are trying to mow their way into ownership...but that is a topic for another thread.

one particular neighbor has put a double-wide about 10 feet away from the property line. there are some very large trees there and if they were blown down from the wrong direction, it would be trouble. the neighbors probably only had a small say on where the house was placed as our municipal authority is very much into managing everyone's land usage. to get the trees professionally serviced would cost me an arm and a leg. that's a heck of a position to be put in by someone else when the forest has been there for a long time and the house is new. let's just hope the winds are favorable.

for the most part everyone in the area realizes certain things require cooperation. if a tree comes down on a neighbors fence, we would probably both work together to cut the tree and fix the fence.

[caberjim]

Originally Posted by Mike in Ohio

I think what I'm going to do is start taking an annual walk along the property line with a digital camera and taking pictures. I'm sending him a notice by certified mail that he needs to take reasonable efforts to ensure that his trees do not damage my fence.
Mike

Wow! What a unique and fabulous way to make a real enemy of a neighbor. Trees fall on fences. That's life. Cut tree, repair fence, go on with life. Why bring lawyers into the equation?

[big rockpile]

Well I always said that if you have a New Fence that in no time either a Tree will fall on it or a Car will go through it.

As far as your neighbors Trees there is nothing you can do about it.

big rockpile

[Mike in Ohio]

Originally Posted by caberjim

Wow! What a unique and fabulous way to make a real enemy of a neighbor. Trees fall on fences. That's life. Cut tree, repair fence, go on with life. Why bring lawyers into the equation?

Neighbor is already a problem with me and his other neighbors. I have almost a half mile of my fence with his trees uphill. Fifty feet of fence (belonging to another neighbor of his) mysteriously disappeared. He was upset that enough deer weren't getting on his property so he could "hunt easily". Another neighbor told me that this neighbor apparently built one of his rental cabins encroaching on a different property (currently in foreclosure so nobody really there to say anything).

He has ignored no-trespassing signs, his relatives and tenants have ridden ATVs on our property over areas newly planted with tree seedling, etc. Being neighborly cuts both ways.

If he was neighborly I would have said let's work together and deal with it. That's why I have no gates on my fence along that side of our property but have gates with our other neighbors.

Mike

[littlejoe]

For crying out loud! Cut the sonofagun up, fix your barbwire fence, and go on with your life. It ain't no biggie!

Find something worthwhile to fight over, rather than who is responsible for the tree on the fence. Sorry, but I've dealt with fences and neighbors all of my life. Regardless of who you think might be responsible, or whose turn it is, you just take care of it because it needs to be done and you are the one that saw it first. You can be a good neighbor first!

With your attitude... if it rained on me, and washed my neighbors out a mile downsteam, I'm responsible. It just doesn't hold water!

BTW... the fence is half his. And as far as not putting gates in... How are you going to get something of yours, out of his, if it gets in? It happens! The rest of your post, I would deal with personally. If you're just looking to make more bad feelings, and feed your fire, continue on.

Originally Posted by Mike in Ohio

Neighbor is already a problem with me and his other neighbors. I have almost a half mile of my fence with his trees uphill. Fifty feet of fence (belonging to another neighbor of his) mysteriously disappeared. He was upset that enough deer weren't getting on his property so he could "hunt easily". Another neighbor told me that this neighbor apparently built one of his rental cabins encroaching on a different property (currently in foreclosure so nobody really there to say anything).

He has ignored no-trespassing signs, his relatives and tenants have ridden ATVs on our property over areas newly planted with tree seedling, etc. Being neighborly cuts both ways.

If he was neighborly I would have said let's work together and deal with it. That's why I have no gates on my fence along that side of our property but have gates with our other neighbors.

Mike

[Cabin Fever]

I have to agree with caberjim and Littlejoe.

[Mike in Ohio]

Originally Posted by littlejoe

For crying out loud! Cut the sonofagun up, fix your barbwire fence, and go on with your life. It ain't no biggie!

BTW... the fence is half his. And as far as not putting gates in... How are you going to get something of yours, out of his, if it gets in? It happens! The rest of your post, I would deal with personally. If you're just looking to make more bad feelings, and feed your fire, continue on.

The fence isn't half his. If you would pull your head out of dark places you would know that it is my fence on my property, not a line fence. His property is a hill above my property and my fence.

Secondly, if you had a clue you would know what the line fence law is in Ohio and not make incorrect statements about line fences in general based on yoru local laws.

If you paid attention you would know that the fence in question is field fence topped with one strand of barb, not a barbwire fence. You are so wrapped up in your rightousness you can't even be bothered to read the thread or click the link and look at the pictures.

Have a wonderful day. Bless your heart.

Mike

[rambler]

Originally Posted by Mike in Ohio

If you paid attention you would know that the fence in question is field fence topped with one strand of barb, not a barbwire fence. You are so wrapped up in your rightousness you can't even be bothered to read the thread or click the link and look at the pictures.
Mike

I understand Joe got a lot of facts wrong.

But I do believe he got the spirit of the issue right on, and I too agree with that general spirit.

You have issues with your neighbor, & that happens. I have issues with a couple too, and so I understand where you are coming from.

But, you are kinda continuing the war here, and not trying to be a good neighbor yourself.

Fixing a fence & cutting up a tree is no big deal. Live out in the country, and you do that all the time. Cut it up, use the firewood if you can, and go on. It's not that big of an issue to rip a neighbor's head off about.

His tree, your fence - they met. It'll work out.

I'm sure there are good reasons for you to not like your neighbor, I really can understand.

This is not one of them. If you step back a little and think it over.

Might be a good oppertunity to try to get along a little better, actually.

Sometimes it helps if I set back a little & think that neighborly thing over a little bit, and try not to escalate the problems. Frankly, one of my best neighbors is always tresspassing on my property with his tractors, his cattle break out & visit me a _whole_ lot, and so on. But, we get along with each other real well, and my tree fell over in a wind storm & dmaged his fence (I didn't even know about it until 6 months later, they had it all dealt with), I end up making hay on .05 acres of his property for free, and I turn my tractors around on his property too.

Now, if the lousy neighbor did any of that, well, I'd want to react right away too.

But, if I set back & think on it a bit, it's not really a big deal. So when the lousy neighbor runs his pickup out of his grove through my field a time or 2 in fall to get out of his grove easier, I don't fuss about it - maybe some day he will mello a little too.

First one there, go cut up the tree & fix the fence. Smile while you're doing it. You want to be out in the country doing counry type stuff - here you are. Enjoy it. You lose a little fence, you gain a little wood, and enjoy doing country stuff.

I see it as all a part of what it is we want to be doing out in the country. Might want to set back a bit & think about it from a little different angle?

--->Paul