Property line and trees.

Pam6 · #1 07/24/10, 05:22 PM

We recently got goats and now we are wanting to put up an electric fence. Our neighbor planted pine trees all the way down the line....think the CENTER of the pine tree IS the line or very close to it. Now the trees have grown and they are as much as 8 feet into our property if not more. I am talking 30 pine trees. Then their mower guy mows another 4-5 feet into our yard. So some of our yard gets mowed twice! When we mow and when they mow.
We have been harassed by the neighbors rots and rot mixes since we moved here 11 years ago. Major point of frustration for us. One of their rots (Cookie) CAME INTO our house and killed 9 chicks right in a brooder box in our dining room while we were outside talking with friends about where we were going to put our new coop years ago. (Cookie was later put down for tearing up another dog.) We are putting the fence all the way down our front yard line even though we will not be enclosing it. We are enclosing the back yard part. The fence is more to keep this dog (Carly) away from our goats than to keep the goats in.
My question is: Can we trim back their trees to put up our fence?? We want to trim ONE tree about 2 foot. Can we LEGALLY do that?? This will still make the fence at least 4-5 foot off the line and I know we only have to put our fence 6" off the line. We are not really fighting with this neighbor but we do not exactly get along them either and they made the previous owner lives miserable! Called CPS and threatened to kill the wife and children. The fights started over property line disagreements I believe.

texican · #2 07/24/10, 05:37 PM

Most wars start off very legally.

If I wanted a war, I'd stretch a wire from one corner to the next, and every other tree it touched I'd cut to the ground and set a t-post. Attach the wire to the t-posts, and cut back any limbs over the line. Go inside, clean the rifle and pistol and hunker down.

If I didn't want a war, I'd stretch the wire, between the corners, and where it touched a tree, I'd place a 4' section of pressure treated 2x4 on the tree, and loosely wire it to the tree, so it has room to grow and expand... then staple the wire onto the 2x4, set t-posts where necessary, then string a strand of hot wire to keep the goats in.

Legal means nothing to a disturbed mind. Disturbed minds are usually found in other people, especially homo neighborous. One should avoid the subspecies homo disturbus neighborous at all costs. Now that you have this affliction next door, you must choose... peace or war. Stretch the wire, any wire, to let the other side know that you know where the line is... and then back off a few feet, set your t-post and hotwire. Your property line is acknowledged, you have your fence, and you don't have to worry about deviltry.

Pam6 · #3 07/24/10, 05:47 PM

One of the corners is marked...large bright orange t-post. It is at the point where three owners properties meet. My brother is coming over tomorrow with his metal detector and my DH wants to put t-posts where the other three points are. Our property is "L" shaped and cuts into their property 130'X57.21 feet.
We have 6 kids and it just feels like the first thing they are going to do is cut our wires and then make a call to CPS just to make our lives miserable.

Wolf mom · #4 07/24/10, 05:49 PM

Yuppers - legally you have the right to prune all overhanging limbs to the lot line. Although it doesn't appear your neighbor will be very happy.

There was a thread on this same topic not too long ago.

I'd talk to him first. With a witness....Then I'd put up a 5' high strong fence - not wire, but something they couldn't see through. If any limbs had to come down while installing said fence - oh well.

Good idea to put your fence 6" off the lot line on your side as if it's on the lot line, in some areas of the country they can attach to it.

I wouldn't be very tollerant of them & their dogs killing your chicks. It's easy to get a restraining order.

Good luck to you.

||Downhome|| · #5 07/24/10, 05:51 PM

most places anything on your side is yours , you can cut,trim and have all liability.
exceptions are when the main trunk is on the line, you can still trim and such but you can not damage the trunk as that affect the whole tree your side and theres.

If it was me and you are at least on talking terms with these guys, do like texican says establish your property line. then discuss possibilitys with them.

cut trees down and errect privicy fence, cut trees down and you buy some new ones that will be planted on there side where they will not crowd your property. or you just make them bald on your side or at least to a height that allows you use of your property.

there may be some legal remedys such as sueing them for preventing you from use of your property? may motivate them to come up with a working compromise?

what ever you do research the laws before you do anything. better to go in knowing your
dog has teeth then to find out it toothless.

edcopp · #6 07/24/10, 05:58 PM

You own everything on your side of the property line. (Period) end of story.

Now it sounds like your neighbor will take all that he/she can get away with and more. Call his/her bluff, or forever put up with their intrusion, whichever you like best.

geo in mi · #7 07/24/10, 07:06 PM

Find the surveyor's irons and make really sure it's your property before doing anything. Did you ever have it surveyed? Then, it becomes your choice on how to handle the neighbor.
geo

Pam6 · #8 07/24/10, 07:22 PM

Yes, it was surveyed before we moved in. I have a good idea where two of the irons are, not the third. The previous owner (my aunt and uncle) said that some of the trees are planted ON my property. I don't want a war with them but I also don't want to lose 270'X6' of my own property that I could be using for my goats.

sisterpine · #9 07/24/10, 07:25 PM

Fence between the trees and staple the fence to the center of the trees if that is where the actual property line is located.
Let the goats take care of the trimming on your side.

Pam6 · #10 07/24/10, 07:29 PM

Quote:

Originally Posted by sisterpine

Fence between the trees and staple the fence to the center of the trees if that is where the actual property line is located.
Let the goats take care of the trimming on your side.

That actually crossed my mind! LOL!
I just keep praying a For Sale sign appears in their front yard! My DH says would should throw a couple of pigs in the fence line too!

rambler · #11 07/24/10, 07:52 PM

Yea, tough situation. Live with them stealing some of you land, or live with an eternal & possibly escilating fued. It's easy to say what you should do sitting here in my chair, but a little different when you are living it.

Legally it will depend on your state laws, which are different. _Most_ allow you to do any trimming of anything overhanging your property, but you can't go to the point of causing the tree to die. Then you get responsible for triple the value of the tree. A tree trunk on the line requires both owners to agree on what to do when it comes time to remove the tree. (Yea, I know - who came up with that idea????)

But, that is a general idea of most states - you need to look up your specific state laws which can be different.

You got a real interesting situation there, I feel for you. Always some jerk in every neighborhood. Kinda ends up turning everyone else into jerks too just to keep up it seems!

Think I'd want a fence too, and even if I didn't have any goats....

--->Paul

iaragwooler · #12 07/24/10, 08:37 PM

What you have is encroachment. When an agreement cannot be reached, it will be necessary to take the matter to court. As with any matter that is of a civil nature, you cannot simply take matters into your own hands. You cannot simply remove an encroachment, even though it is on your property. I know, doesn't seem fair. Both you and the property owner have rights. You can have a face-to-face discussion and present the reasons why you want the encroachment removed. Depending on your state, county or city laws you may be able to force the other property owner to pay the costs to have the encroachment removed or rectified. FIND those survey pins, get a copy of the survey (most states require that they were recorded at court house). I know none of us wants to get a lawyer involved but with your neighbors involved in the long wrong it might be the cheapest way to go. If nothing else pay for an office call and get some advice. Good luck. (ps. I was a real estate broker for years and unfortunately witnessed encroachment situations go south in a hurry).

iaragwooler · #13 07/24/10, 08:42 PM

oops, had a typo...this is something that needs to be addressed with these people or you will have to address it with new owners should they sell. Important for the title company to know there is an encroachment. In some states, it is NOT the title company's responsibility to disclose encroachments particularly if they are writing title insurance. In those states, title insurance does not cover any costs incurred with encroachments. Do some research. Wish u the best.

Whisperwindkat · #14 07/24/10, 08:45 PM

We are going through the same issues and unfortunately our situation is heading to court and we can't do the fence until the judge says our survey is correct and gives them x amount of days to move their things off our property. Ours neighbors are trying to steal a 20 ft x 208 ft. section of our property. They also have dogs that have caused numerous problems for us. When the new fence goes up it will be within 1 ft. of the line so that we have room to work on it if needed without encroaching and so that it is very clear that the fence belongs to us. We are building a wall on that corner, no wires to cut and high enough that maybe they can keep their garbage on their side of the fence. Hope it works out for both of us. Kat

Joshie · #15 07/24/10, 08:51 PM

You need to survey your property and speak to a lawyer. You don't want to cut on a tree if you're wrong about the property line. At least here, though, you can cut anything that hangs over on your property. Heck, if the tree is on the property line you may well own the tree as much as your neighbor does.

Speak to a lawyer after your survey.

texican · #16 07/24/10, 10:00 PM

Quote:

Originally Posted by Pam6

One of the corners is marked...large bright orange t-post. It is at the point where three owners properties meet. My brother is coming over tomorrow with his metal detector and my DH wants to put t-posts where the other three points are. Our property is "L" shaped and cuts into their property 130'X57.21 feet.
We have 6 kids and it just feels like the first thing they are going to do is cut our wires and then make a call to CPS just to make our lives miserable.

You might want to preempt such a call by calling CPS and letting them know ahead of time, also call the sheriff to come out at his convenience and check you out, sure he already knows about the previous case... the odds of two families with CPS troubles moving in to the same neighbor should hold some weight.

Old Vet · #17 07/24/10, 10:33 PM

How long has it been since you had a survey done? Finding the corners is not as good as having a survey. Several things you said makes me bleave you have a survey. For one thing you will have 5 corners on a L shape piece of property. Even if you have an old survey (30 years old or older) you need to have a new one and make sure just where your line is. And then go to court and be sure you actually own the property.

Danaus29 · #18 07/24/10, 10:42 PM

You can cut what overhangs your property but trees that are on the line cannot be cut down without both parties agreeing.

Once you have a survey this is the part of the Ohio Revised Code you need:
http://codes.ohio.gov/orc/971

dezingg · #19 07/24/10, 11:09 PM

You're not going to like this, but your first mistake was letting them keep their trees where they planted them. You should have addressed this issue at that time. But it sounds like they planted them before you owned the property.

I'd make certain that I knew exactly where the line is. Then I'd go talk to a real estate / easement lawyer about your rights and the possible ways to address the situation.

Your neighbors won't like anything you have to say on the subject.

motdaugrnds · #20 07/25/10, 09:27 AM

You're getting good advice here. Check with the surveyor, the court house & a lawyer to make sure your property line is where you think it is; also to find out what your options are for claiming what is rightfully yours.

A similar situation occurred to us when we first moved onto our place. Our neighbor literally placed markers curving inside our property line to claim what he wanted. We spoke to the original owner and discovered he had marked the corner of that side with 3 slashes onto large trees. He told us to string a line from one of those trees to another and that was our boundary. We did and I through all those markers our neighbor had placed won back over to his part of the area. We strung the line and put up a permanent fence. (The neighbor who attempted to take part of our land never said or did anything about it. He has actually respected the boundary lines.)