Property line and trees.

DW · #21 07/25/10, 12:25 PM

Everyone haas given good advice...I would add, I'd be careful about the goats & their dogs.

BamaSpek · #22 07/25/10, 12:57 PM

Quote:

Originally Posted by texican

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.

I'll be using that line....just so'ze ya know. :smiley-laughing013:

Sad thing is...If you have neighbors like that.....especially with the dog situation...chances are you will be at war at one point or another....they'll likely just keep pushing you. I think I'd be the one to draw the line in the sand......and I'd start by putting it on my property line.

Invite all the family men over with chainsaws and start cutting everything that is over your side........ the neighbors will likely show up before you done....offer them a beer for their help taking down the trees....ask them if they want a burn pile on thier side too or if they will be using the trees as a backstop to a shooting range like you are. .......be neighborly

ronbre · #23 07/25/10, 04:28 PM

you have a legal right in most cases to cut anything that hangs onto your property line no matter how it deforms or damages the tree..as it is YOUR property.

if it was me i would only remove the bottom branches in the area where you need to put the fence..up to say 5' or however high your fence will be..

it won't deface the trees enough to be a problem as most trees when crowded will generally lose the bottom branches up to about 4 to 5 ' anyway.

i just limbed up our evergreens along our property line where we have a 42" high picket fence..as they were dying..and looked ugly..now with the bottom 4' limbed up the trees look much healthier and the fence cuddles down under the trees perfectly.

i know with goats you may have to go higher..and some goats can climb up into trees..so that might be a problem also..but limb up your side of the trees to 4 or 5' and it should work out fine..if they complain that is their own problem

Pam6 · #24 07/25/10, 05:35 PM

Well, they know we are putting a fence in now! Her grandson was out playing. First he came over and squirted my 8 yo DS while he was playing on our woodpile and then once my 8 yo came down he ran back between the trees and said "You can't come on our property!" So I hollered back "If he can't come on your property don't come on mine!"
Then he went to to the back the "L" part and pulled up some of our stakes and took them up to his grandma who promptly came back to see what they were. We had a group of stakes, about 5) just standing up in a group CLEARLY ON OUR PROPERTY. She started to just pull them up. I walked over to where she was and she asked what they were and I told her "A fence for our goats." She looked and saw them in our chicken pen and said how cute they were. She had company standing there with her. I immediately walked away. Then she put the stakes back in the ground like I had them and then SLOWLY walked away and showed her company the layout of how the properties go.
Right now I am of the mind that I will put the fence so that it is clearly not on the property line but I will trim up the ONE tree to make the fence straight. If they cause problems after that I will suggest they get a survey and I will gladly move my fence so that it is with in SIX INCHES of the property line! If they cut my fence I will press charges for destruction of private property!

Pam6 · #25 07/25/10, 05:36 PM

Where the fence will be it will be impossible for the goats to get the pine trees without being zapped.

CherieOH · #26 07/25/10, 06:49 PM

When we fenced our property, we were told we could not install a fence within 6' of the property line. That's 6 feet, not inches. They said it was to allow room for maintenance of the other side of the fence without tresspassing on another's property to do so.

Callieslamb · #27 07/25/10, 08:00 PM

Won't the goats take care of the trees for you....?

Pam6 · #28 07/25/10, 08:20 PM

Quote:

Originally Posted by Callieslamb

Won't the goats take care of the trees for you....?

I think the trees will short out the fence if we just put it in amongst the branches. Then they should keep up on them after that.

johncotexas · #29 07/25/10, 08:44 PM

Here in Texas, even if a neighbors tree that is completely on their property has limbs that overhang into your yard you have the right to not only trim the part of the tree that overhangs but you also have the right to deposit the cuttings onto their property once finished. I don't know that it seems a good idea but good to know nonetheless. Most important of all that has been said is to document everything that happens in as many ways as possible (photos, video, documents, etc.) and make sure there are witnesses to everything that happens as well. Good luck!

Danaus29 · #30 07/25/10, 09:03 PM

Cherie, unless that is a local law you were told wrong. In Ohio you can place a fence ON the property line, the neighbors have to allow you 10 feet access to install the fence and 4 feet access to maintain the fence. Check out the link I posted in my previous post, that is the state law regarding line fences.

Mavors · #31 07/25/10, 09:10 PM

Quote:

Originally Posted by Pam6

Where the fence will be it will be impossible for the goats to get the pine trees without being zapped.

Pam6,

Be sure to read up on ohio fence laws. I think to have electric on a property line you have to have the neighbors agreement. Not positive on this, but think I saw that a while back.

Good luck, when we bought our place we found our neighbors septic field on our property. what a pain that was.

Eric

Pam6 · #32 07/25/10, 09:21 PM

Quote:

Originally Posted by Mavors

Pam6,

Be sure to read up on ohio fence laws. I think to have electric on a property line you have to have the neighbors agreement. Not positive on this, but think I saw that a while back.

Good luck, when we bought our place we found our neighbors septic field on our property. what a pain that was.

Eric

We will not be putting it right on the line. We will probably be like 4' off the line.

Narshalla · #33 07/25/10, 09:30 PM

Quote:

Originally Posted by Pam6

We will not be putting it right on the line. We will probably be like 4' off the line.

Be sure that you maintain grass on the other side of the fence, too -- though I would put the fence on the property line, to avoid them trying to clam the unfenced area.

rambler · #34 07/26/10, 12:31 AM

Quote:

Originally Posted by Pam6

We will not be putting it right on the line. We will probably be like 4' off the line.

Fence laws get real strange, as many come from the 1920's when big farms & ranches were in. Now some counties & towns have added new fence laws that conflict with the old, and it depends on where you are as to what applies....

Anyhow, remember that if you 'abandon' the 4 feet on the other side of the fence, you likely will lose it to the rotten neighbors as they will legally claim it in 7 to 20 years. You need to maintain your property & take care of it or you can lose it to those who are taking care of the property. If you mow it should be good enough, but.....

If you end up with the fence on the property line, many states require both land owners to pay for 1/2 of it. Most especially if both owners have livestock and use the fence.

There are many other little rules & laws hidden out there when it comes to fences and land borders. But these are the big 2. Just in case push comes to shove, you should be aware. Normally you would be a great neighbor doing things the way you are, and all is fine. If you get to a neighbor who doesn't respect others, well then it's best to know the ins & outs of fence law in your state & county.

--->Paul

ronbre · #35 07/26/10, 10:38 AM

if you put up a fence NOT near the property line..they might claim it and say it was grandfathered in ..later on..i would put the fence as close to the property line as is legal

HoosierHog · #36 07/26/10, 11:13 AM

I do not suggest putting the fence so far off the property line. Fence line law is strange and I promise you that your neighbors WILL steal and legally the 4-5 foot of "abandon" space between your fence and the property line. I promise you its best to confront the situation now and get the property line clearly marked and the fence as close as you can to it. Also you can trim the trees legally to any height to put in your fence.

fantasymaker · #37 07/27/10, 12:29 PM

Afore ya get the shootin irons out Id suggest you do two things in this order.
1 Get the corners marked right. If they have been surveyed recently and your confident that you can find them and they are in the right place that's fine if not can you confidently measure them out? ( its usually easy to measure out one lost corner if the others around it are well found.)
2 Why not go talk with the neighbors? Say something like "We now need ALL of our land to feed our goats and we are going to have to build a fence to enclose them, but look see here the line where the fence will be runs right here in your nice trees. Would you like to trim them, have us trim them,or would it be a good time to cut them down?"
Have a written agreement for each case written out with a time frame for the work to be done and whichever they chose have them sign the agreement. LEAVE ROOM ON PAPER AND IN YOUR HEARTS FOR RESONABLE NEGOTIOATRION.

Danaus29 · #38 07/27/10, 02:43 PM

If you want to put up electric I would do it inside the property line. Ohio does not allow a neighbor to claim your property just because the fence is not a line fence. But to circumvent that (because you never know when or if the law will change) you could set a line of t-posts just on your side of the line. The line would still need to be surveyed but the t-posts would then be the markers and the electric fence would be inside your property so anyone who tangles with the electric would have been properly warned they were trespassing by the line posts.

Pam6 · #39 07/27/10, 03:46 PM

Other than encroachment with their tree limbs they are not USING my property. So I am not sure how they can even claim it at all. One tree is planted on my property so unless they plan on selling one tiny little Christmas tree and consider that an income they can not even claim they are USING my property. I don't know how they could possibly prove that we never mowed the property in 7-20 years.
We have 6 kids and no judge in his right mind would ever believe that we never used that property between the trees in 7 years. The kids like to leave toys there ALL the time because it is close to their main play place.
I called and it will cost us $690 to get it surveyed. That is just not in our budget.
I would love it if I could just move!

Danaus29 · #40 07/27/10, 05:00 PM

My survey cost $1200 so yours is cheap by comparison. I understand about not being in the budget though. It took me 6 months to save the $650 our new front door cost us.

By Ohio law they would have to be maintaining the property and paying taxes on it for 7 years before they could even file for squatters rights.

If you want to mark the line you could set t-posts along it. Paint them safety orange or some similar color after setting them. Then set your fence where you want it. Line is still marked so the mower guy shoudn't cross it and you can rest easy knowing you're not giving up any land.