…… New Neighbor-want to cut down Trees.

Satanta

Satanta

Stone Cold Crazy
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Seems everyone here has clear-cut their properties leaving one or two trees.

I like trees.

New neighbor-havy accetn Latin American.

He is clear cutting a nice stand of trees at the back of his property-basically leavinh him looking at an open field and the road that comes down which our street meets.

Why anyone wants to leave their Six open to be seen from a distance is anyone else guess but not my property.

However, he was asking about the Pines on the property line-wants to cut them too.

Nope but there is one that seems to ride the property lines-straight up the middle of it as far as I can tell.

How does one handle that situation?
 
Satanta

Satanta

Stone Cold Crazy
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Intestinal Fortitude said:
Look and see if there are survey markers in the corners to mark the property line
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Last survey the could not even find the markers that are supposed to be there.

The tree was not there when the property was bout 14 years ago. It is now a good-sized Pine.

Once again-if it sit diereclty on the property line-let's say 50/50 or more to one side or the other what Options?
 
Dobbin

Dobbin

Faithful Steed
How about a "Solomon's decision?"

Split the tree.

If its on the line, allow him to remove the branches on HIS side of the line.

Meanwhile, you get to keep yours.

Doubtless this will affect the tree. You may lose it in the end.

Maybe a better solution would be for you to let him have the tree? Meanwhile it will clear sunlight to make your trees grow better. Trees do compete for nutrition, sunlight, space. And removal of one tree can frequently allow the others better growing condition.

Meanwhile allow him no "cede" on the boundary. Although you let him remove your half of the tree - never let him forget it.

This may allow you room for negotiation on other matters. The battle of getting along with your neighbors is not won or lost in a single skirmish - and you have all your trees on your side of the battleline as part of your ever growing "army."

His army he is furloughing.

Dobbin
 
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Old Gray Mare

TB Fanatic
How about a call to the state's attorney's office for a clarification of state law on the subject? May be cheaper than a lawyer.

It's been over a decade since I've done a timber harvest and it wasn't in your state. I would not take the word of locals because the laws can and do change over time. In MD tradition was to leave every other tree with decent timber on the property line for the other owner. That changed to "No cutting timber on the line!". Don't know what the law is now.

Have you checked your deed? The state/county may frown on cutting down a tree being used as a survey marker on a deed. In older surveys it happens... a lot.
 
Satanta

Satanta

Stone Cold Crazy
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MissionBend said:
I do know that all he can cut is what hangs over onto his property and that's it. (At least here in OK) So, yeah survey then lawyer might be best course of action here.
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While not this situation let's pretend it's one of those tree that grow along a windy coastline and it starts growing on one side of the property line but the wind causes it to for a sideways 'U' over the other before it continues it's growth and the original side-could they cut the U?
 
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Publius

TB Fanatic
Shooter said:
survey to make sure where the line is, then a lawyer ,
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Are there any survey markers as some states require a survey marker monument on each corner.
This marker can be a rebar pounded into the ground and can be found with a medal detector sometime it's a 4X4 cement post or a mound of cement that sticks up out of the ground a few inches with a dimple like dent in it.
Now if you can find any of these you can put a stake in the ground and measure how far to the side away from the marker it is and go find the other marker and do the same at the same distance then run a string line and you can see and knowing how many inches way from these markers where that tree is and if it's on your property or on his. Now if it right on the property line you have a problem and not sure what the laws are in your state.
 
kyrsyan

kyrsyan

Has No Life - Lives on TB
If he's really insistent, let that one tree go. The reason I say this is because in every state I know of he'll be free to trim all the limbs from his side if he wants to. The end result is that the tree will be unbalanced and come down in a good wind storm. And possibly take more trees with it as well as other damage. But in this case, I would accept only that tree and he has to pay for the removal. Get it in writing up front. Because you'd be more than happy for that tree to remain.
But if it's part of a line of trees already there, not really a reason to take it. He can't take the rest of them. So I'd try for the leaving it alone first. If he pushes, gets a survey done or gets a lawyer, then I'd look at other steps.
To your question - yes, the owner of the section of property where the U ends and the tree continues to grow would be allowed to cut it up to the property line. Or that's been my experience.
 
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Publius

TB Fanatic
Publius said:
Are there any survey markers as some states require a survey marker monument on each corner.
This marker can be a rebar pounded into the ground and can be found with a medal detector sometime it's a 4X4 cement post or a mound of cement that sticks up out of the ground a few inches with a dimple like dent in it.
Now if you can find any of these you can put a stake in the ground and measure how far to the side away from the marker it is and go find the other marker and do the same at the same distance then run a string line and you can see and knowing how many inches way from these markers where that tree is and if it's on your property or on his. Now if it right on the property line you have a problem and not sure what the laws are in your state.
Click to expand...

Edit Add: I'm trying to help and bring in a surveyor is going to cost you more $$$ than you want to spend.
 
Satanta

Satanta

Stone Cold Crazy
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Old Gray Mare said:
How about a call to the state's attorney's office for a clarification of state law on the subject? May be cheaper than a lawyer.

It's been over a decade since I've done a timber harvest and it wasn't in your state. I would not take the word of locals because the laws can and do change over time. In MD tradition was to leave every other tree with decent timber on the property line for the other owner. That changed to "No cutting timber on the line!". Don't know what the law is now.

Have you checked your deed? The state/county may frown on cutting down a tree being used as a survey marker on a deed. In older surveys it happens... a lot.
Click to expand...

Out here they don't give a crap-seen four Subdivisions go in up and down the raod and they plow it to the substrata leaving no trees. The main reason we have trees here is because FL's was the sthird house here-they had not even started this Sub and she told them to leave the trees because there were Deer and such-she was buying her first house and tickled pink and they did not mention it was going to be a Sub in ten years.

A lot of locals are upset as they watch the farms being turned into Subdivisions and the crime is sreadilly increasing.
 
Satanta

Satanta

Stone Cold Crazy
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mecoastie said:
If you dont have markers how do you know that the tree is on the line?
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Survey Map=overhead view. Lays out the property boundries measured from the house.

Straight line out from the corner gives the side boundry about 28' [[IIRC. Straight line from the back, which I do not recall the measurements but the back fence is on that line-the side fences were build [[supposedly]] 4' inside the boundry ;ine but my measurement said two on the side. Use a compass and walk a stright line up the side to intersect with the back kine and that should be the property line for one side and corner. Run a string between those two points and build the fence on the line. The tree is right in the middle of that.
 
Intestinal Fortitude

Intestinal Fortitude

Have Faith
Satanta said:
Last survey the could not even find the markers that are supposed to be there.

The tree was not there when the property was bout 14 years ago. It is now a good-sized Pine.

Once again-if it sit directly on the property line-let's say 50/50 or more to one side or the other what Options?
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Well - if it comes down -- tell him you want 1/2 of the wood.....:cool: and build a fence (I don't like him already)
 
Raggedyman

Raggedyman

Res ipsa loquitur
let him have the tree sat - not worth the hassel and the horse is (as usual) correct - better for your trees in the long run. big tall pines are lightning rods anyway
 
M

mecoastie

Veteran Member
Honestly its a 14 yo pine. You can fight it with a lawyer and a surveyor but that isnt going to come cheap. I would just let it go.
 
Walrus Whisperer

Walrus Whisperer

Hope in chains...
An official survey makes better neighbors. With the GPS stuff they use now, if there's ANY data for the boundary lines, they can find corners pretty fast. A lax county may not have even any old blueprints you could get copied. And watch out for old rights of way. Don't ask. If it comes to the tree goes, try for ALL the wood at least. I had to have my place surveyed, bank wanted it. Plus I worked in a survey office using their programs for doing this stuff. The boss did all the septic work, but I had to draw them, the other guys guy did the survey stuff and I finished the maps off. He would sometimes have to go to court over how surveying is done cause someone thought their line should be farther over or whatever.
 
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seraphima

Veteran Member
I would not replant trees on the boundary lines. Neighbor would still be able to trim any branches on his side, and you will get a poor lopsided tree. Let this tree go, redetermine the boundary lines, plant trees inside your boundary if you want to screen your property. lawyers are expensive. so are surveys. trees grow, you can replant. if your neighbor wants to prove it is his tree, let HIM pay for a survey.
 
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Wildwood

Veteran Member
If the neighbor recently bought the property, there's good chance he had it surveyed. I'd ask him and nicely tell him you understood the tree was most likely on your side of the line. You'll find out quickly if he actually had it surveyed because if he did and the tree is his, he'll be anxious to present his evidence.
 
Illini Warrior

Illini Warrior

Illini Warrior
invest that $$$ you'd be wasting on BS surveys & lawyers >> into long term landscaping that will benefit YOUR property - sounds to me like you might be needing some substantial sight & sound blocking from that new neighbor - make damn sure anything you plant on that mutual border is stood off enough that the vast majority of the mature tree/bush/planting stays on your side ....
 
CaryC

CaryC

Has No Life - Lives on TB
If he's cutting the timber for money, those limbs cutting comments don't hold water. He's not cutting to beautify the land.

Second it would be costly to survey/lawyer.

Just tell him no with an attitude (knit eyebrows). One tree will not break him, so don't let it break you.

Show him the property lines via sat. And remind him, if he cuts, he opens himself up to a lawsuit. Better yet, show the timber cutters, they won't go to court over one tree. They will leave it, not worth the trouble.
 
lakemom

lakemom

Veteran Member
Millwright said:
Tell him that you think the tree is on your property.

Make him pay for a survey.

Then you can lay out the other pins from the two on that boundary, if you want to.
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Wildwood said:
If the neighbor recently bought the property, there's good chance he had it surveyed. I'd ask him and nicely tell him you understood the tree was most likely on your side of the line. You'll find out quickly if he actually had it surveyed because if he did and the tree is his, he'll be anxious to present his evidence.
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This.
 
R

raven

TB Fanatic
14 year old pines are not small so,
a) he is not going to cut a tree that is definitely on your property.
b) he can cut limbs that hang over even if it creates an unsightly tree.
c) trees that are on the property line must be cut in a way that they do not fall on or damage your property
d) and when he is done and grades it with a cat, he can't disturb your property

the fella let you know what he was doing and he asked as opposed to demanded.
be nice, you know amiable,
say no. and any tree that is questionable, let him have it with the understanding that you do not want it felled into your tree stand.
PS. you might get some good BarBQ out of it and maybe even some free dirt work (he is going to have a cat out there to grade it after cutting) or help with a brush hog next spring.
turn it into an opportunity
 
CaryC

CaryC

Has No Life - Lives on TB
Dennis Olson said:
I haven’t seen it discussed yet: who planted the trees? Whenever foliage is planted, it’s important that it be back at least a foot from the property line.
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Not disagreeing with you, however in "country" country, they just come up on their own. And if you just leave 'em they grow big. I noticed it was said the new owner is cutting the trees, so the old owner just let the natural course, take it's course. No harm, no foul.

It's when new owners come it, and want to change the course of history that problems come up.

Just guessing the new owner is probably cutting the trees to pay for the property. A guy down the road cut all his timber, so he could get to the dirt, and sell it. Talk about UUUUggggly. Now all his dirt is washing off during rains and filling in my buddies pond.

New neighbor's are about like new wives: Can't live with 'em, can't kill 'em. (True Lies) No offence to wives, but it was a cool saying in the movie, and applies to neighbor's.
 
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summerthyme

Administrator
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CaryC said:
Not disagreeing with you, however in "country" country, they just come up on their own. And if you just leave 'em they grow big. I noticed it was said the new owner is cutting the trees, so the old owner just let the natural course, take it's course. No harm, no foul.

It's when new owners come it, and want to change the course of history that problems come up.

Just guessing the new owner is probably cutting the trees to pay for the property. A guy down the road cut all his timber, so he could get to the dirt, and sell it. Talk about UUUUggggly. Now all his dirt is washing off during rains and filling in my buddies pond.

New neighbor's are about like new wives: Can't live with 'em, can't kill 'em. (True Lies) No offence to wives, but it was a cool saying in the movie, and applies to neighbor's.
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I dunno... with the price of timber, he's gonna need a whole lot more trees than I've ever seen on a suburban lot!

Summerthyme
 
CaryC

CaryC

Has No Life - Lives on TB
summerthyme said:
I dunno... with the price of timber, he's gonna need a whole lot more trees than I've ever seen on a suburban lot!

Summerthyme
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My bad, the OP didn't sound like a suburban lot, more like country.

And as you say the price of timber may be down. I haven't checked lately. But out in the sticks when they clear cut, it's mostly to go a long way, maybe not all, to pay for the land.
 
Satanta

Satanta

Stone Cold Crazy
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raven said:
14 year old pines are not small so,
a) he is not going to cut a tree that is definitely on your property.
b) he can cut limbs that hang over even if it creates an unsightly tree.
c) trees that are on the property line must be cut in a way that they do not fall on or damage your property
d) and when he is done and grades it with a cat, he can't disturb your property

the fella let you know what he was doing and he asked as opposed to demanded.
be nice, you know amiable,
say no. and any tree that is questionable, let him have it with the understanding that you do not want it felled into your tree stand.
PS. you might get some good BarBQ out of it and maybe even some free dirt work (he is going to have a cat out there to grade it after cutting) or help with a brush hog next spring.
turn it into an opportunity
Click to expand...

We were both Amiable. He still has a lot to go thru on his back line so I asked him to wait on that/Those trees until we could get the lines figred out.

His place does not need Catting-it is already done and all except the trees at the back and the one or two in question are away from the cleared area. He is planning on a Pool and some such.

I don't see the need to clear the trees but, again, not my property-just never understood Developments and people who wanto Zero Trees-those close to the house, sure if they are a danger to the building if they fall but just to live on an open field and have to Mow it and....look at grass? Nah.
 
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