Neighbor Cutting My Trees-What to do?

BJ, it's called a property line. Once your vegetation grows across the property line they have the right to prune it back.

Your complaint is that someone came on your parents property and cut their trees. That is a totally different issue.

The polite thing would have been for the woman or the person she employed to check where the property line is. They assumed it was the fence and commited a tort against you. If you felt so inclined you could seek damages.

On to the next issue. Why would you think you have a right to grow your plants on to someone elses property? It's their property and you have absoutely no rights to infringe. Just to reinforce, that is why it is called a property line.

Mike

You are mixing things together here - it is wrong of poeple to cut down vegitation that is on _other's_ property.

But it is wrong of you to have vegitation that is upon other's property as well.

It is law in many places that one may cut vegitation that is over one's property - can have it done & billed to you even. That is only commen sense, as well?????? I don't know why you expect you can grow your stuff on other's land, and put them out????

What is 'common' but not law is to expect a fence to be on the line. Do you have any kind of property markers that are clearly visable? Then I understand you. However, if there is just a fence, it is 'common knowledge' that a fence is put on the line with no other markings, and I'd expect 90% of the people to trim the stuff back just as your new neighbor did.

Obviously they were a half-foot in the wrong as things are, but - common sense would support their actions.

If you had gone over to the new folks & greeted them, mentioned it was your fence plus 6 inches, or had the property marked - then I understand you. (We are in the dark on the exact property markings you have - so don't know here, I assume there is no other marking than the fence....)

As explained so far - what we know of it - you really fumbled the ball, & the neighbor & Robert were acting in good faith, common sense - if, it turns out, a bit hasty.

Just how it looks from 'here'.

I'm glad you met with the neighbor & got things straightened out for the future. It is unfortunate your roses got wrecked, & yes I agree that was over-reaching things - as it turns out.

This is a section of LA code I found in google, most states have similar such - but each is slightly different.

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Art. 688. Branches or roots of trees, bushes, or plants on neighboring property

A landowner has the right to demand that the branches or roots of a neighbor's trees, bushes, or plants, that extend over or into his property be trimmed at the expense of the neighbor.

A landowner does not have this right if the roots or branches do not interfere with the enjoyment of his property.
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--->Paul

That settles it... I'm plantin' kudzu on all my property lines. if they can't cut it back because it's my property they'll be killin I should own the whole section in a few years time.. woohoo.. free land!

Of course they can cut it if it's on thier side. I'm not sure how you'd figure they couldn't. If you want a full cover of roses and are concerned about this happening again I'd build a support fence inside the other one and train them to run along that so they are protected.

Sounds as though you've come to an agreement with the neighbor however and you should be fine at least for the time that she stays there. An early appearance with a pie or jar of jam probably would of saved the roses though. Can't wait for the neighbor to say 'hi' while you sit and think how unfriendly they are for doing the same.

J

You got to go find out what the law is where you live. Otherwise ..you have no clue as to what your options are.

Go find out ..for your own benefit. Start with the county courthouse ..and/or township supervisor.
You might spend a few hours tracking it down ..but at least you'll know.

ask pyrnad.

ROTFL that was to funny!

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marching to the beat of a different drummer

How did I know this was coming? 2 brownie points for Pony. Be quite fellini and pass the prozac

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marching to the beat of a different drummer

Good post you saved me the trouble.

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marching to the beat of a different drummer

I am happy that it was resolved like that, Your lucky lots of folks would have cut them back and kept them cut. Not me My DW loves roses though if your crab apples were shading the grapes I was growing on my side I would have cut them.

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marching to the beat of a different drummer

Either plant the roses further back, or put another fence on the side between the roses and the neighbor...a fence with small links, or better yet, a solid wall-type.

ok you are so worried about your neighbor doing harm to your vegetation hanging over onto their property.. How do you mow a six inch swath of land without trespassing onto your neighbors land?
I had a neighbor at my last place set his fence back a foot then always came to my side to mow it? Put fences on the line where they should be.

Around here, there is a legal setback you have to maintain with your fence. Depending on local ordinance, it's usually around 6-12".

If there's an easement, you have to place the fence even further back.

Pony!

I never understood such small set-backs either. How can one maintain thier property when it is only 12" or 6"? What happens when both neighbors want to use a fence - do both need to put one up 6" from the property line, and then how does anyone maintian the foot down the middle?

Doesn't make sense unless it is a 3' or more setback.

Just all seems odd. I know, it is govt, it doesn't have to make sense. But I still don't get it.

--->Paul

First thing I'd ask, is the fence yours?? You just stated that the fence was on the property line. Did y'all have the fence built or was it there when you moved there and might well be on the other persons property. If it's yours and on your property they were in the wrong, but if it might be theirs, they can cut all they want. Helps to know what belongs to who.

when planting for erostion and mudslides, keep in mind some plants root systems run outward and not down. these plants wont prevent a mudslide.

trees with surface roots like a pine or poplar would be a bad choice. trees with a tap root would be better but take many yrs to grow in.

also, the structure of the soiland subsoil layering has a lot to do with it. the top and sub soil may sit on a sheet of rock, and will slide no matter what you plant.

a teast cut about 6' deep and 10' long with a backhoe will give you a good idea whats under your feet.