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Is it criminal trespass to go into your neighbor's yard and cut off branches (Original Post) DebJ Jul 2014 OP
NC tree laws. rug Jul 2014 #1
In DE yes, but you can cut what extends onto your property. n/t woodsprite Jul 2014 #2
Probably? Renew Deal Jul 2014 #3
Not sure, but that's a neat trick to be out of town AND still be able to cut branches. bluesbassman Jul 2014 #4
... or maybe drones with saws? surrealAmerican Jul 2014 #5
Oh yeah, I'm sure it was the neighbor... bluesbassman Jul 2014 #6
Ha ha ha ha thanks I need a laugh right now. Too angry to use proper grammar DebJ Jul 2014 #12
Would you be surprised to know that Helicopter tree trimming exists? A HERETIC I AM Jul 2014 #10
Very surprised and fascinated! Here's the thing in action!!! MADem Jul 2014 #16
As the eccentric neighbor with sometimes offensive trees... hunter Jul 2014 #7
These trees are not offensive in any way. DebJ Jul 2014 #18
I had that when I moved here NJCher Jul 2014 #23
In most jurisdictions you can cut off branches from a neighbor's tree The Velveteen Ocelot Jul 2014 #8
if it's a wood fence orleans Jul 2014 #14
Good idea. I told my sister in law that now that they have cut even DebJ Jul 2014 #19
Trumpet vines. They are extremely prolific and invasive. The Velveteen Ocelot Jul 2014 #28
Unless you post NO TRESPASSING, then probably not. CBGLuthier Jul 2014 #9
That's likely true. But what about destruction of private property? DebJ Jul 2014 #13
A neighbor can cut - Hell Hath No Fury Jul 2014 #11
Usually you can only cut the part that hangs over your property. MADem Jul 2014 #15
He doesn't use an arborist. He happily hacks away himself and would be very DebJ Jul 2014 #20
I would go to the police and file a complaint, you need to preserve your ability to sue MADem Jul 2014 #24
Yes thanks I am going to have to dig for the mapwith the plot line DebJ Jul 2014 #32
And that's what I was thinking: need to preserve my ability DebJ Jul 2014 #33
Here's what happened. What's the word for tree phobia? I hate Republicans. DebJ Jul 2014 #17
If we go to court to get a judge's permission to cut down the trees, then I will DebJ Jul 2014 #21
horrible NJCher Jul 2014 #25
Thanks. Great idea with the pictures! And wow, karmic story! n/t DebJ Jul 2014 #34
I'd go talk to someone in your town/city's permitting office. MADem Jul 2014 #26
I agree, elleng Jul 2014 #27
I do have some videos and pictures I have taken. One clearly shows the DebJ Jul 2014 #35
I hope this works out for you. If your neighbors are McMansion people, they may not MADem Jul 2014 #36
Good lord!!! pipi_k Jul 2014 #29
In my state JonLP24 Jul 2014 #22
Check into surveillance cameras NV Whino Jul 2014 #30
I second that! nt MADem Jul 2014 #37
Legal or not, it's certainly rude and unneighborly. rudolph the red Jul 2014 #31
I filed a trespassing and harassment complaint with the police against my problem neighbor magical thyme Jul 2014 #38
This message was self-deleted by its author DebJ Jul 2014 #39
In most places you can cut the branches coming into your yard. lunatica Jul 2014 #40

bluesbassman

(19,379 posts)
4. Not sure, but that's a neat trick to be out of town AND still be able to cut branches.
Fri Jul 11, 2014, 07:24 PM
Jul 2014

Either really long arms, or some heavy Dr. Who skills.

BTW, sorry about your loss.

surrealAmerican

(11,363 posts)
5. ... or maybe drones with saws?
Fri Jul 11, 2014, 07:49 PM
Jul 2014

I'm guessing it's the neighbor who did this, but that isn't what the post is asking.

DebJ

(7,699 posts)
12. Ha ha ha ha thanks I need a laugh right now. Too angry to use proper grammar
Sat Jul 12, 2014, 01:55 AM
Jul 2014

or even think about it.

hunter

(38,325 posts)
7. As the eccentric neighbor with sometimes offensive trees...
Fri Jul 11, 2014, 08:03 PM
Jul 2014

... my good neighbors have permission to trim trees well past the fence lines.

Occasionally our three neighbors have accomplished some amazing tree trimming jobs with tall ladders so as to avoid sloppy kisses by our big friendly dogs or the adverse attentions of our family dragon.

I never fault neighbors for that.

The only thing that pisses me off is neighbors who drench their yards with insecticides, killing the salamanders and other friendly biota near our fence line.

Thankfully the last of our neighbors who were into the dead-zone poison exterminator once a month lifestyle moved away a couple of years ago, replaced by some people who share their home with a sweetheart pit bull they adopted from the SPCA. Our dogs pretend to hate one another, but whenever they manage to push aside a fence plank, it's like "Hi!, How's it going? Nice to see you!"


DebJ

(7,699 posts)
18. These trees are not offensive in any way.
Sat Jul 12, 2014, 03:20 AM
Jul 2014

And they were here looonnnggg before he bought his lot, and long before he built his home as
close as he possibly could to them, to the inch, without violating borough regulations.

Norway Spruce are the strongest, healthiest evergreens you can have. They are used as windberms
because they can take winds up to 100 miles an hour due to their deep fibrous root systems, their flexibility and their natural protection against insect and fungal damage. They came from Norway originally, but have been transplanted over so much of the world that they are now indiginous all over the globe.

These trees are all over our city, close to homes everywhere. We had a near-derecho here two years ago. The Norway Spruce are all fine although hundreds of other trees were devastated.

And he's already hacked out all of the lower branches, now he's hacked out those up to three stories on his side (about which I am not complaining).

NJCher

(35,713 posts)
23. I had that when I moved here
Sat Jul 12, 2014, 04:03 AM
Jul 2014

Seventeen years ago. I looked up the side effects of the pesticide and did printouts and dropped them off at neighbors' doors.

In some cases it was Chem-lawn, others Tru-something or other.

I recall one of the side effects was decreased fertility and there were lots more. Some of my printouts were 30 pages.

Within four months, I never saw another Chem-lawn or Tru-green truck in this neighborhood.

Fact is, some people are just ignorant.

I resent the ignorant a lot less now as I have taken up the habit of talking to them in garden departments and stores. Home Depot is a hotbed of ignorant people. When I see them picking up an Ortho products, for example, I will strike up a friendly conversation with them about gardening or lawn care in general. Then I try to work in the natural means to achieve what their goal is.

More often than not, this works. To my surprise, some of them are nice people who genuinely appreciate my information.



Cher

The Velveteen Ocelot

(115,829 posts)
8. In most jurisdictions you can cut off branches from a neighbor's tree
Fri Jul 11, 2014, 08:17 PM
Jul 2014

that overhang your property, but only up to the lot line, and only if it doesn't actually harm the tree. And you are responsible for paying for this. You can't trespass on your neighbor's property to do this or cut branches that are on the neighbor's side of the property line.

Last spring, probably late May, my asshole neighbor came over and demanded that I cut down (at my expense) a couple of trees whose branches hung over his yard because he claimed they were impinging on some power lines and (he claimed) this was going to set his house on fire, so this would have to be done immediately. I politely declined to do this and explained that he was legally allowed to trim the branches up to the property line as long as the tree wasn't damaged, but I was not obligated to pay for it. Basically, I explained, he "owns" everything above his property and he was responsible for it. Well, he and his wife got really furious and told me I was obligated to do this and it would be my fault if their house caught on fire because of the power lined. I said, sorry, and gave them the phone number of a good arborist.

And nothing happened until October (despite the "crisis" involving the power lines). I came home and found that my neighbor had hacked off a whole bunch of branches far over the property line, cut a couple of my shrubs clear to the ground, and then thrown all the cut branches, a couple hundred pounds of them, into my yard and onto my garden. When I went next door to complain (again, as politely as I could manage), the wife threw a really crazy hissy fit and accused me of violating my "moral" obligation to cut the branches and pay for it.

I have not spoken to these people since. I put up a fence.

orleans

(34,072 posts)
14. if it's a wood fence
Sat Jul 12, 2014, 02:29 AM
Jul 2014

you might consider painting it black or purple & orange on their side--give them something to look at for being such assholes.

DebJ

(7,699 posts)
19. Good idea. I told my sister in law that now that they have cut even
Sat Jul 12, 2014, 03:28 AM
Jul 2014

more branches, I can put up a trellis and substitute the shade and privacy with some type
of viny-type of growth that I can get to go up six or seven feet.

She suggested poison ivy and said she has a lot she can give me as starters. (I am guessing
so that if they attempt to remove THAT, they will pay a price.)

Actually, if you read my post below, I think what I will paint on their side is a gigantic
portrait of Barack Obama. The racism in this county is sickening. They are Republicans.

See my explanation further down.

The Velveteen Ocelot

(115,829 posts)
28. Trumpet vines. They are extremely prolific and invasive.
Sat Jul 12, 2014, 10:09 AM
Jul 2014

I planted some on my fence because I was hoping they'd crawl over to the neighbor's house and up their walls, but there's too much shade. I also considered poison ivy, but they have a small child so that might be too mean. Painting their side of the fence some awful color is tempting...

CBGLuthier

(12,723 posts)
9. Unless you post NO TRESPASSING, then probably not.
Fri Jul 11, 2014, 08:21 PM
Jul 2014

Unless you tell someone to get off your property, or have it clearly posted, there is no concept of trespass.

 

Hell Hath No Fury

(16,327 posts)
11. A neighbor can cut -
Fri Jul 11, 2014, 08:33 PM
Jul 2014

branches on your tree, but only to the shared property line. And they are strictly prohibited from going on your property, even if it is to cut the branches they are allowed by law to cut.

MADem

(135,425 posts)
15. Usually you can only cut the part that hangs over your property.
Sat Jul 12, 2014, 02:38 AM
Jul 2014

You draw a line upward from your property line, and cut there.

You can't damage the tree/kill it with your pruning.

You're not supposed to go onto someone else's property w/o permission.

The best bet is to work it out with the neighbor first, maybe split the arborists' fee if the neighbor wants work done on his side of the tree.



DebJ

(7,699 posts)
20. He doesn't use an arborist. He happily hacks away himself and would be very
Sat Jul 12, 2014, 03:31 AM
Jul 2014

pleased if he did kill them.

Thanks for pointing out that part; I will state in my letter to them (after we talk) that he must insure
he does not damage or kill the trees if he removes branches on his side in the future.

One real problem though is that the bases of some of the trees are on both properties, and I'm not
sure which one. I called a surveyor, and he said an estimate for a survey of just that one property
line is 1000 bucks, which I don't have. And if I need it accurate to inches, even more money.

MADem

(135,425 posts)
24. I would go to the police and file a complaint, you need to preserve your ability to sue
Sat Jul 12, 2014, 04:07 AM
Jul 2014

if he kills your trees. Even if the police do nothing it's "on record" that you've griped.

If you both "share" the tree he doesn't have the right to kill it. He's "married" to you when it comes to that tree, and the only divorces allowed are if both parties agree.

Do you have a metal detector? Maybe you can find the surveyor's spikes in the ground--just shove a stake in over the spike and pull a string from one corner to the next and there's your line, usually.

See if you can find a retired surveyor--they'll often do informal surveys for cheap. They aren't good for proving anything, save you can force "the other guy" to spend the money to prove you wrong.

You might be able to get an idea of where your line is by looking at plot illustrations at your registry of deeds. Sometimes they have local landmarks in the drawings, like a fire hydrant or a phone pole. If you own the house, look through the papers you got when you bought the place--you might have a plot plan in with those documents.

DebJ

(7,699 posts)
32. Yes thanks I am going to have to dig for the mapwith the plot line
Sat Jul 12, 2014, 08:35 PM
Jul 2014

and hope that side is a straight line.

DebJ

(7,699 posts)
17. Here's what happened. What's the word for tree phobia? I hate Republicans.
Sat Jul 12, 2014, 03:09 AM
Jul 2014

We live in an older neighborhood (most homes built around 60 years ago, but the lots were sold and developed independently over time, not as a 'development') with one level brick homes (not counting basements), lots of large and ancient trees, plenty of shrubbery, and comfortable size lots. Comfortable as in affording some privacy. Well, in today's market, perhaps rather large lots; our lot at 1/3 of an acre is the second to the smallest lot of the ten houses on our little cul-de-sac.

When we bought our home, there was an empty lot next door. The people who owned the lot were planning on building on it, eventually. Several years passed after we moved here, they finally built. An absolutely enormous house on a very tiny lot. And also, a rather steep lot, running from the back of the house down to the front. He built so closely to my house, in order to squeeze in his 3000 sq ft for just him and his wife, no children, no pets, no children coming, that when the foundation was dug I called the township to see if he could actually build that close. He could: 8 ft from our property line. He used every inch he could, literally, shoving his home almost into the graceful, beautiful Norway Spruce between our properties. His bedroom is almost IN my patio, and that made me uncomfortable. People move into neighborhoods with larger lots for privacy, not for a setting like an inner city. But at least I had low hanging pine tree branches for some privacy. Until he cut his side of the branches off, and then within two years I was forced to cut off my side in order to keep the 5 or 6 story Norway Pines in balance during heavy snows. I don't sit on the patio I used to LIVE on for 6 months of the year. He stole that pleasure from me. But that's nothing..

What happens when you cover more than 50% of a lot with pavement and buildings? Storm runoff. An incredible amount. At high speed with the steep slope. His driveway dumps enormous volumes of water so that the streets are seriously flooded at the bottom with any hard rain. In the winter, there is now a two to three foot wide swath of ice in front of our driveway and mailbox and property line, thick ice, and that makes plowing and shovelling and getting mail difficult and/or dangerous, and the ice hangs around a good long while. Pain in the butt. Well, he began to have wet basement issues. He had his lawn regraded, and within 30 days we had two hurricanes in one week. I had 4 inches of water in my basement. The lawn had been regraded so as to dump every inch of water from the back of his house directly behind my house. I wrote them a letter immediately after we had cleaned up, explaining the damages and trauma (a freezer caught fire). His response: here's the number of the contractor. He wasn't going to do anything. Contractor response: I didn't do nuthin. I could go to small claims court and recover half of what the INITIAL cost was of my loss (which turned out to be ongoing problems). I planned to do that. Then due to my parents and sons illnesses, I spent the next two years travelling out of state frequently, and my own husband has an illness that requires two days of solid cooking before I can leave for a few days, and requires about an extra 50 hours a month of my time to maintain in general. I had no time for the suit. My out of state family's conditions were either directly life threatening, or potentially so, and I was the only one who could be of help. Several months after the September deluge when we used the heating system, we smelled a terrible stink, and I feared mold was in the ducts. I got an estimate to clean the system: 1000 bucks, which we don't have. I have severe allergies and asthma. Lifes been hell.

My neighbor did not regrade his lawn to alleviate the situation; flood waters deluged my yard every time it rains hard...and it always rains hard here, or not at all. With the time and zero funds I had available, I have been able to divert some of the water, because I built a very crude and ugly little berm, using huge cinderblocks as support here and there, between our yards, and dug a little channel for the water to flow into. I put a very ugly plastic pipe on top of the ground to catch the flooding waters and channel them to the front yards nearer the street. My neighbor's response was to kick the pipe out of position whenever he mowed his lawn. I wouldn't see that, and flood waters would seep into the basement again (though not 4 inches worth). The original flood and subsequent smaller ones have created channels so the water now eagerly and naturally flows to that wall of my house, and from watching our French drain, now has created a reservoir under my house. My plans for this summer were to pile up a great deal of earth between us and force all of the water into his yard. Then more family troubles, and a death two weeks ago. And I caught a hideous virus from a family member while at their home out of town, and was so sick I could barely move for over a week.

I was finally feeling better when my neighbor calls two days ago to tell me that she wants every tree (that's six 5 story Norway Spruce) on our adjoining properties removed. and the problem is that some of them are on both of our properties. She said professionals told her they were all dead or dying or due to die and she didn't want them to fall on her house. I said that's not the case; they are very healthy, and the company who told you that is just looking for a very great deal of cash. I told her that I would be happy to have some ethical companies I know come out and explain to her the special characteristics of Norway Spruce, and why these trees which have stood well over 60 years are just fine and aren't going to come down, that the only danger is the one tree where the continued flooding washes away soil.

She got dead silent when I said that I would be happy to get professionals out to look at the trees. Then she switched tactics and said she wanted them taken down because of the flooding issue. Please. Does anyone here have a brain to use? The enormous canopies of these trees absorb so much water that during most rains, even our very hard ones, the ground beneath them remains dry as a bone. The roots break up the rock hard soil that I found going down farther than the three feet deep I dug out two 20 foot gardens (almost needed a pick-axe), so that water CAN be absorbed downward. The roots hold the soil and keep even more soil from eroding. If the trees were removed, I would be deluged absolutely insanely. But I didn't say anything; I wanted to hear what she had to say after her clearly lying opening statement.

She continued that she has mold in her house, and she got pneumonia last winter and has to resolve the mold issues because she can't continue to jeopardize her health. She doesn't know about mine; they are so callous and unresponsive, knowing they have been flooding my house and washing out my yard for two years, I didn't bother to tell them as yet. I sure will now. What I did say was what do the trees have to do with the mold? She said she was told the shade from the trees was the problem. What a bunch of horse manure. Half of the shade in that area of her house is from HER HOUSE, which is very high for our neighborhood. He built a basement an extra three feet above ground above the normal build to have high ceilings in it, and put on a very high and steep pitched roof. I have lived many decades of my life in neighborhoods just like this one, and mold does not run rampant in these neighborhoods. The problem is the storm runoff; it has nowhere to go. I forgot to mention they have ZERO landscaping, no trees. There are trees at the top of the hill behind their lot on someone else's lot. They weren't in the house but a few weeks and he trimmed all the branches on his side up over two stories. Why? This tree line is about 35 feet from the back of his house; the branches were no danger.
The man hates green, that is why. They are tree phobes. Maybe bush phobes as well. When he took off the lower branches on my/our Norway Spruce, he removed them going up over two stories as well.

Her final pitch to me was that at least the trees needed to be thinned and the dead wood removed. She explicitly said, again, that the smallest tree in the line was definitely dead. This tree is 100 percent on my property line, by the way; I am unsure of the others exact placement because the property line is not exactly straight AND the hill obscures a clear view anyway. I went outside to look at it, and described its very green and healthy appearance to her. I also noted in the back of my mind that it seemed like somehow I could see much more of her yard, but I wasn't up to par in my health yet and it didn't sink in.

Two days later, while showing a friend the trees and explaining the situation, I saw for the first time numerous new cuts in the trees where branches had been. He had come on my property and done all the thinning he wanted while I was out of town, without ever even asking me about it. More of my privacy was gone. And on HIS side, he has now removed branches up to three stories.

I have to go out of town next week. Will there be trees when I return? I guess I will send a cease and desist letter certified mail to somehow protect myself.

We don't know these people well because whenever we would both be outside and I'd try to say hello, he was very surly and uninterested in talking, right from the beginning... after I invited him to an Obama party I was having. It's clear he is Republican. It's also clear in his allergy to all things green. He's only in his yard to mow the lawn. They built a patio but are never on it. It's just for show. They have used their fancy gas grill once. He doesn't give one damn, I'm sure, about the pollution impacts of his storm runoffs. He clearly doesn't give a damn about my rights, and doesn't feel he even has to ask. I think his wife was sweating realizing that what he had done was damage my property without even asking, and was hoping to put out a fire before it started.

I'm going to try to speak to them 'in good faith', because that is what one should do, and that is what courts require. I can't see any court granting him the right to cut down the trees, when his real requirement is either just tree phobia, or else he thinks he has the right to a 100 percent shade free yard in this neighborhood. Why didn't he build in the new, naked neighborhoods, those many that are sterile and devoid of trees and vegetation, if that is what he wanted? If he wanted all concrete and building, why didn't he move in the city? Will a judge say I have to give up the shade and beauty and environmental protection of trees for this butthole? I really don't think so. But will the butthole just cut down the trees anyway and results be damned? That's what I fear most. He's an engineer and his wife works too. No kids. Money is no issue, and his ego clearly is. But still, I must make myself speak with civility at first. I will explain why their stated reasons are not cause for concern. I will explain storm run off (for an engineer, he did a crap job of understanding about building a huge home on a little and very steep lot and storm run off). I will explain the trees HELP with runoff, and removing them will make it worse.

But I have unfortunately been forced to accept over the past 10 years that facts mean nothing to Republicans, and phobia is their way of life. In this case, tree phobia. That they have no respect for others needs or desires if those run counter to their own, and that they feel completely free to alter, injure, or destroy other's lives just because they want to do so. So I will also send the letter and copy our town management office on it, stating that they have never had my authorization to cut tree branches on my side, nor to cut down the trees. I guess I will have to alert other neighbors and ask them if they will call me when I am out of town if they hear saws running. Or call the police. I will be contacting the borough police on Monday when the non-emergency office is open, and see if I could file charges for destruction of private property. I don't want to, but I do want to clue the police in and also ask them if they could respond if my neighbors call while I am away. And if I would have the right to file those charges, and my neighbors show yet again they don't care, but expect me to fulfill their needs to my own financial detriment, I will tell them I can file charges. I will also be explaining to her about MY breathing problems that they caused, that they have not redressed, and that they have shown they don't care a fig about. I will point out my washed out side lawn with no grass because the rain washed away what the shade from their gigantic house did not kill. I will ask them if they will come over and help shop vac next time we have a hard rain.

God help me I hate Republicans.


DebJ

(7,699 posts)
21. If we go to court to get a judge's permission to cut down the trees, then I will
Sat Jul 12, 2014, 03:34 AM
Jul 2014

present my case this way: he created the problem; he knew how closely to these trees he
was building, and now I am supposed to lose the enjoyment of my property because he thinks
he is entitled to a 100 percent shade-free yard? Or that this will resolve the storm run off? Which it will not? And also the value of my home since the right side will be naked in this neighborhood where
trees are an ancient and inherent part, and my yard will be almost bald? And my house won't have the advantage of shade to cool it, as do all of the other homes in this area. And I am to do this for someone who has created conditions that cause my house to flood repeatedly, and who does nothing about this and wants to make it even WORSE?

NJCher

(35,713 posts)
25. horrible
Sat Jul 12, 2014, 04:22 AM
Jul 2014

What a story. I feel for you. I've had completely callous, narcissists for neighbors in the past, so I know what it can be like.

As a short-term measure while you are out of town, you could put up the sign and also take pictures of the trees the way they are now. Then drop off a copy of the pictures of the trees and say that you hold a record for what their present condition is. You need not say any more.

Here's a story for you. I think you will appreciate this.

My family is in the property rental business. On one of the complexes that my brother runs, a malicious kid was hacking at a tree. My brother caught him doing it and made him stop (yes, there are people who are tree-phobes, agreed!)

Only a week after this incident, lightning hit a branch of this tree and it fell off--and right on to the malicious kid. It killed him.

To this day, I think that is very, very weird.



Cher

MADem

(135,425 posts)
26. I'd go talk to someone in your town/city's permitting office.
Sat Jul 12, 2014, 04:28 AM
Jul 2014

It sounds like those neighbors of yours might be out of compliance with building code if you've got any where you live. It's not "OK" to flood a neighbor's yard. It's sure as hell not OK to flood the STREET and if that's happening I think the town civil engineers would want to know. Ice on streets can kill people, and the town is held responsible. That could be a million dollar lawsuit waiting to happen--can the town afford that kind of thing? That's how you need to approach it, I think.

Your neighbor needs to put in a french drain--not you--your neighbor.

Also, I would say fuck the neighbors and barbecue every single day this summer. Hot, smoky BBQ! Lots of stanking charcoal! Invite over your loudmouth friends. Fire up your patio fire pit! Don't have one? Go buy one. I'd check the town noise ordinances and if it says you can party until ten, I'd do that every damn night. Lots of (insert type of music you think your neighbors will not like). Hell, roll the TV out, get a long cable cord, and enjoy TV under the stars!

You might want to price out installation of a sump pump in your basement, just so you don't have to deal with his runoff in the interim. It's never a bad investment in any case.

Finally, I would document-document-document. Take pictures and video any time it rains. Be sure to show the flow into the street. Your "ally" needs to be the town/city in this effort, so you've got to show them how they're getting screwed, too.

elleng

(131,074 posts)
27. I agree,
Sat Jul 12, 2014, 04:51 AM
Jul 2014

look into local building etc codes, and force THEM to comply AND pay for damage you've, Deb, already incurred.

DebJ

(7,699 posts)
35. I do have some videos and pictures I have taken. One clearly shows the
Sat Jul 12, 2014, 08:46 PM
Jul 2014

storm runoff pouring out of their driveway. You are right I do need to check out those things.
Just since I moved to Pennsyltuckey, I'm so discouraged by money-walks
regulations I fail to even consider that anymore.

I have to go out of state again twice in two weeks with family stuff (exhausted!)
but I'm keeping everyone's advice / bookmarking.

MADem

(135,425 posts)
36. I hope this works out for you. If your neighbors are McMansion people, they may not
Sat Jul 12, 2014, 09:17 PM
Jul 2014

be locals. They might be uppity folk from away. If you have any friends in the town who are wired into the local government, pick their brains, find out who's who in the zoo, who's approachable, who has attitude, that kind of thing. If you don't know anyone who can help you in that regard, find your local paper (online), pay for an online subscription if you must, and start reading up on who has clout in the town, who are the real civic-minded types. Use flattery if necessary.

Whatever you do, don't let your allies in the town become aware of your political leanings unless you are entirely convinced it is safe to reveal this information. You don't want to get into a blue-red debate when the one thing you can agree on is that the grade of your neighbor's lawn is wrong, that they aren't doing their part to mitigate run-off onto a public road, and that they need to do that AND leave those frigging trees alone!

Is your town on the stupid little TREE CITY lists? These are pretty meaningless lists--it's supposed to signify towns that do a lot of planting of trees, but some of them are assholes who take down perfectly good old growth and put up shitty little saplings. That's why I'm not thrilled with 'em...but hey, it's an argument to make if they are proud of their designation!

I know a bit about these issues because I had to research some of them myself. I managed to resolve my issues but it's never easy. It does help when the jerk neighbor moves away and is replaced by a gem!

pipi_k

(21,020 posts)
29. Good lord!!!
Sat Jul 12, 2014, 10:37 AM
Jul 2014

This is exactly why I love living where I am now.

Nearest neighbor is at least 1000 feet away down a steep hill.


I honestly don't know if I could ever deal with neighbors being closer than that again.

My sympathies for all the aggravation you're having...

JonLP24

(29,322 posts)
22. In my state
Sat Jul 12, 2014, 04:03 AM
Jul 2014

if the owner of private property tells someone to get off and not come back but they do come back then it is criminal tresspass (most likely 3rd degree in your case).

Unless there is a no trespassing sign within 50 ft of where ever whoever is trying to get to then the sign counts as their warning so if caught it then becomes criminal trespass.

I recently kinda beat a 3rd degree trespass charge in fact just a few days ago. Pled guilty to no jail time or no fine, not worth the risk fighting it. (the sign was covered in graffiti so it was basically unreadable) So I know the law pretty well.

 

magical thyme

(14,881 posts)
38. I filed a trespassing and harassment complaint with the police against my problem neighbor
Sat Jul 12, 2014, 09:42 PM
Jul 2014

I've also posted my property with no trespassing signs. Ugly, but necessary.

Get to the police and get it on the record. As others have said, get photos of your trees so if he does further damage, you have some evidence. Post your property. And if you can come up with a couple hundred dollars, put up some surveillance cameras. Game cameras I think are cheaper than surveillance cameras, and they do the same thing.

Also, can people just re-grade their property in such close quarters without permits? Find out if he broke any laws or ordinances. You can't just allow your runoff to go anywhere you like.



These kinds of stories are why I know that rural home ownership will someday come back in favor...

Response to DebJ (Original post)

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