The_RANDy_Corporation
03-10-2001, 02:18 PM
TheKellyCrew
Host ConservaMommy
posts: 501
(2/26/01 9:56:07 am)
Reply
Incredibly stupid question
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Heres the question...(unless there are attorney fees for answering )
Does my neighbor (total asshole btw) have the right to come on MY property and cut down HUGE portions of my maple tree because it gives his livingroom too much shade?
I came from grocery shopping one evening in Sept. to find this guy (drunk mind you) along with 3 of his buddies in my tree...hacking it to peices. I could hve killed the guy.
Anyway...to keep the peace ..I let it go...But I can guarantee you come spring..he will once again have delusions of doing more "pruning".
Just curious to know...if he has any rights here.
Some...not all of the limbs were over his property. This tree is HUGE. Also...If this asshole falls on his head doing such a thing....Am I liable?
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To be in your children's memories tomorrow, you have to be in their lives today. -- Unknown
Stranglehold
Forum Moderator
posts: 112
(2/26/01 11:46:12 am)
Reply Re: Incredibly stupid question
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I'm not a Lawyer, but I play one on T.V.
My take is, he can trim your tree from his property all he wants to. He can also hire a Professional to do this. He can make sure that your tree is not a danger to his house. I think that within reason, what is hanging over his property, is his. But if something happens and the limb falls on his house, that is probably your responsibility. If that seems contradictory, don't blame me.
If he climbs your tree, it seems like he is imposing because he is too cheap to buy the tools to trim the tree properly from his property or have someone do it Professionally that would not only save both of you liability but would save the tree from being butchered.
This opens up another can of worms, he might be able to force you legally to pay for that service as well.
And yes, if he falls out of your tree, even though he was not invited, you are probably going to be liable for that, even though his being intoxicated is contributory negligence to any accident he might have.
I'm interested in hearing from the Vultures on this one.
Hottjohn
Gold Star Member
posts: 91
(2/26/01 7:42:14 pm)
Reply Great question
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Your neighbor is a trespasser. He has entered your property without your permission. The language you are looking for is an invasion of your land with intent to bring about a physical invasion. He also has caused damage to your property (a prized maple tree). This is the kind of stuff that lawsuits were invented for. Why have private property if you can't keep it private? As for trimming the tree, he probably has the right to trim the tree as it is hanging on his side of the fence, under a nuisance theory, but nothing gives him the right, without your permission, to come on your property in the absence of an emergency. By the way, he will probably be held liable for any damages done to your property while there. However, as for a trespass cause of action, generally you don't have to have damages. The main question is, do you think it is worth it to choose this as one of your battles with everything else going on in your life?
TheKellyCrew
Host ConservaMommy
posts: 524
(2/26/01 8:22:09 pm)
Reply
Re: Great question
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Forgive me...But this guy...(my neighbor) is a total asshole (scary dude too)..
Anyhow...the branches that are over his property are a good 50 feet off the ground.. And i think I'm underestimating that height. So...I really can't understand how they are a problem to him.
Im just looking for a way to teach this guy some "boundry issues"
-----------------------------------------------------------
To be in your children's memories tomorrow, you have to be in their lives today. -- Unknown
AtomicLibSmasher
TaskMaster
posts: 1453
(2/26/01 8:59:32 pm)
Reply
Re: Great question
--------------------------------------------------------------------------------
Maybe he just wanted to LQ¿QK in your window....
``I tried to walk a line between acting lawfully and testifying falsely, but I now recognize that I did not fully accomplish this goal" - Slick Clinton
TheKellyCrew
Host ConservaMommy
posts: 530
(2/26/01 10:40:53 pm)
Reply
Re: Great question
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Ha! Could be. AN even better reason..to kick his tush
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To be in your children's memories tomorrow, you have to be in their lives today. -- Unknown
Muleracer
Forum Host Paladin
posts: 56
(2/27/01 6:38:31 am)
Reply
Re: Great question
--------------------------------------------------------------------------------
Hey, wait till you git your gun. THEN invite his ass over to discuss that tree.
Your handgun is for shootin you way to you rifle, that you should have with you in the first place.
TheKellyCrew
Host ConservaMommy
posts: 541
(2/27/01 8:18:03 am)
Reply
Re: Great question
--------------------------------------------------------------------------------
TRUST me...as far as he knows...I HAVE A GUN. (aimed at his house )
I planted the seed with his wife when i first moved here.
The guys is genuinely a NUTcase.
He is the kind of guy that one wonders about. The kind of guy you read about in a paper going "postal" (he ironically IS a postman)...but always wondered where such a dude lives.
HE is the dude.
He had an argument a few months ago with a little old lady a few houses down.. So this asshole stood on his lawn..pulled down his pants and started waving his little manhood all over the place telling this lady to "bite' him.
Now mind you...this is all while HIS kids and MY son were outside playing.
my husband about killed the SOB.
Hes a DEFINATE french-fry short of a happy-meal.
We have re-named our neighbors the "Bundys". Absolute epitomy of white trash.
-----------------------------------------------------------
To be in your children's memories tomorrow, you have to be in their lives today. -- Unknown
Host ConservaMommy
posts: 501
(2/26/01 9:56:07 am)
Reply
Incredibly stupid question
--------------------------------------------------------------------------------
Heres the question...(unless there are attorney fees for answering )
Does my neighbor (total asshole btw) have the right to come on MY property and cut down HUGE portions of my maple tree because it gives his livingroom too much shade?
I came from grocery shopping one evening in Sept. to find this guy (drunk mind you) along with 3 of his buddies in my tree...hacking it to peices. I could hve killed the guy.
Anyway...to keep the peace ..I let it go...But I can guarantee you come spring..he will once again have delusions of doing more "pruning".
Just curious to know...if he has any rights here.
Some...not all of the limbs were over his property. This tree is HUGE. Also...If this asshole falls on his head doing such a thing....Am I liable?
-----------------------------------------------------------
To be in your children's memories tomorrow, you have to be in their lives today. -- Unknown
Stranglehold
Forum Moderator
posts: 112
(2/26/01 11:46:12 am)
Reply Re: Incredibly stupid question
--------------------------------------------------------------------------------
I'm not a Lawyer, but I play one on T.V.
My take is, he can trim your tree from his property all he wants to. He can also hire a Professional to do this. He can make sure that your tree is not a danger to his house. I think that within reason, what is hanging over his property, is his. But if something happens and the limb falls on his house, that is probably your responsibility. If that seems contradictory, don't blame me.
If he climbs your tree, it seems like he is imposing because he is too cheap to buy the tools to trim the tree properly from his property or have someone do it Professionally that would not only save both of you liability but would save the tree from being butchered.
This opens up another can of worms, he might be able to force you legally to pay for that service as well.
And yes, if he falls out of your tree, even though he was not invited, you are probably going to be liable for that, even though his being intoxicated is contributory negligence to any accident he might have.
I'm interested in hearing from the Vultures on this one.
Hottjohn
Gold Star Member
posts: 91
(2/26/01 7:42:14 pm)
Reply Great question
--------------------------------------------------------------------------------
Your neighbor is a trespasser. He has entered your property without your permission. The language you are looking for is an invasion of your land with intent to bring about a physical invasion. He also has caused damage to your property (a prized maple tree). This is the kind of stuff that lawsuits were invented for. Why have private property if you can't keep it private? As for trimming the tree, he probably has the right to trim the tree as it is hanging on his side of the fence, under a nuisance theory, but nothing gives him the right, without your permission, to come on your property in the absence of an emergency. By the way, he will probably be held liable for any damages done to your property while there. However, as for a trespass cause of action, generally you don't have to have damages. The main question is, do you think it is worth it to choose this as one of your battles with everything else going on in your life?
TheKellyCrew
Host ConservaMommy
posts: 524
(2/26/01 8:22:09 pm)
Reply
Re: Great question
--------------------------------------------------------------------------------
Forgive me...But this guy...(my neighbor) is a total asshole (scary dude too)..
Anyhow...the branches that are over his property are a good 50 feet off the ground.. And i think I'm underestimating that height. So...I really can't understand how they are a problem to him.
Im just looking for a way to teach this guy some "boundry issues"
-----------------------------------------------------------
To be in your children's memories tomorrow, you have to be in their lives today. -- Unknown
AtomicLibSmasher
TaskMaster
posts: 1453
(2/26/01 8:59:32 pm)
Reply
Re: Great question
--------------------------------------------------------------------------------
Maybe he just wanted to LQ¿QK in your window....
``I tried to walk a line between acting lawfully and testifying falsely, but I now recognize that I did not fully accomplish this goal" - Slick Clinton
TheKellyCrew
Host ConservaMommy
posts: 530
(2/26/01 10:40:53 pm)
Reply
Re: Great question
--------------------------------------------------------------------------------
Ha! Could be. AN even better reason..to kick his tush
-----------------------------------------------------------
To be in your children's memories tomorrow, you have to be in their lives today. -- Unknown
Muleracer
Forum Host Paladin
posts: 56
(2/27/01 6:38:31 am)
Reply
Re: Great question
--------------------------------------------------------------------------------
Hey, wait till you git your gun. THEN invite his ass over to discuss that tree.
Your handgun is for shootin you way to you rifle, that you should have with you in the first place.
TheKellyCrew
Host ConservaMommy
posts: 541
(2/27/01 8:18:03 am)
Reply
Re: Great question
--------------------------------------------------------------------------------
TRUST me...as far as he knows...I HAVE A GUN. (aimed at his house )
I planted the seed with his wife when i first moved here.
The guys is genuinely a NUTcase.
He is the kind of guy that one wonders about. The kind of guy you read about in a paper going "postal" (he ironically IS a postman)...but always wondered where such a dude lives.
HE is the dude.
He had an argument a few months ago with a little old lady a few houses down.. So this asshole stood on his lawn..pulled down his pants and started waving his little manhood all over the place telling this lady to "bite' him.
Now mind you...this is all while HIS kids and MY son were outside playing.
my husband about killed the SOB.
Hes a DEFINATE french-fry short of a happy-meal.
We have re-named our neighbors the "Bundys". Absolute epitomy of white trash.
-----------------------------------------------------------
To be in your children's memories tomorrow, you have to be in their lives today. -- Unknown