hatrack or flush cut?
- Thread starter hl_tree
- Start date
- Location
- Austin, TX
[ QUOTE ]
Well things just took an interesting turn. The neighbors are worried about me pruning the trees and then seeing the trees die in a few years... so rather than cause problems, they are going to hire somebody to come in and do whatever work needs to be done. Best of luck to them, because a "neighborly" price factoring in the use of my parents' driveway is roughly $2,500 for the removal of the trees. Non neighborly without the use of the driveway... well over $4,000
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Have I read this right? It sounds like you are saying your parents will refuse to allow the use of the driveway.
So, you asked the neighbors to let you cut the trees and they agreed, with limitations. Then they thought better and agreed to hire their own crew to do the work--even better for you, no? And you consider taking steps to penalize them?
Just who are the real "hieffers" here?
FWIW, my understanding of the law (notwithtanding any local ordinances I don't know about) is that you are trespassing if you reach across the line to cut a branch. I would say your best bet, if you are bound and determined to cut these trees, is to hatrack and let them finish the job as they see fit.
k
Well things just took an interesting turn. The neighbors are worried about me pruning the trees and then seeing the trees die in a few years... so rather than cause problems, they are going to hire somebody to come in and do whatever work needs to be done. Best of luck to them, because a "neighborly" price factoring in the use of my parents' driveway is roughly $2,500 for the removal of the trees. Non neighborly without the use of the driveway... well over $4,000
[/ QUOTE ]
Have I read this right? It sounds like you are saying your parents will refuse to allow the use of the driveway.
So, you asked the neighbors to let you cut the trees and they agreed, with limitations. Then they thought better and agreed to hire their own crew to do the work--even better for you, no? And you consider taking steps to penalize them?
Just who are the real "hieffers" here?
FWIW, my understanding of the law (notwithtanding any local ordinances I don't know about) is that you are trespassing if you reach across the line to cut a branch. I would say your best bet, if you are bound and determined to cut these trees, is to hatrack and let them finish the job as they see fit.
k
- Location
- New Fairfield, CT
The kind of stuff I saw today is the kind of thing that aggrivates me and others in the neighborhood. I go outside this morning to get the paper, theirs is just blowing all over the neighborhood. Nobody else has their paper going into the neighbors' yards. They are the only ones. Just like when they were doing full time construction, their garbage would blow into our yard. One time in particular a tarp blew over from their property. First time I took it back. Second time (maybe an hour later?) I kept it for myself.
Just out of curiosity, if you had offered to help your neighbors out by cutting down a few trees for next to nothing (they claimed poverty to me) and they chose to hire somebody you don't know / get along with to do the work instead for full price... would you be willing to help the guy getting full price?
Just out of curiosity, if you had offered to help your neighbors out by cutting down a few trees for next to nothing (they claimed poverty to me) and they chose to hire somebody you don't know / get along with to do the work instead for full price... would you be willing to help the guy getting full price?
Ahhh, Bingo, found you some ammo on the net right in your own back yard.
http://query.nytimes.com/gst/fullpage.html?res=9D0CE0DA143CF930A35752C1A967958260
I draw your attention to one great paragraph ...
"The right to trim trespassing branches is so ingrained in law that failure to take action to preserve one's property in the face of a threat can absolve the tree owner of liability. In the 1985 case of Loggia v. Grobe, a homeowner in Centereach, L.I., could not recover $1,500 in damages after his concrete patio had been ruined by the roots of a neighbor's tree. The Suffolk County judge ruled he was not eligible for damages since he had failed to take any prudent steps to protect his patio after the threat became apparent."
http://query.nytimes.com/gst/fullpage.html?res=9D0CE0DA143CF930A35752C1A967958260
I draw your attention to one great paragraph ...
"The right to trim trespassing branches is so ingrained in law that failure to take action to preserve one's property in the face of a threat can absolve the tree owner of liability. In the 1985 case of Loggia v. Grobe, a homeowner in Centereach, L.I., could not recover $1,500 in damages after his concrete patio had been ruined by the roots of a neighbor's tree. The Suffolk County judge ruled he was not eligible for damages since he had failed to take any prudent steps to protect his patio after the threat became apparent."
homeoner is responsable to contain his property and in some states maintain it too.. i would hack trees back 2 line throw all debrees in his yard and send a bill for the how ya like me now servises.
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Besides, we have been here almost 20 years, they have been here not even 3.
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While it sounds to me like your neighbours are a bunch of heifers, this statement bothers me. I've only lived in my house since June. I don't care how long I've been here I own my property (along with the bank) and regardless of how long its been mine, its mine and my neighbours have no right to dictate what I must do with it just because they have lived here longer than me. Thats just silly.
Besides, we have been here almost 20 years, they have been here not even 3.
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While it sounds to me like your neighbours are a bunch of heifers, this statement bothers me. I've only lived in my house since June. I don't care how long I've been here I own my property (along with the bank) and regardless of how long its been mine, its mine and my neighbours have no right to dictate what I must do with it just because they have lived here longer than me. Thats just silly.
- Location
- New Fairfield, CT
Actually I call them heiffers because the two ladies who own that house are both very large.
- Location
- New Fairfield, CT
Ok, my mother spoke with the lead heiffer earlier and the cow had an attitude with her. FYI my mother is a very nice lady. So the heiffer said that she had a few arborists over, both said that it would be thousands of dollars to remove the trees, and they wouldn't shave off half because of destabilization of the trees. They supposedly also had a town employee come over and say we need permits for the trees. Meanwhile I've already spoken with the town attorney (he wants me to come cut some trees at his house) he said that there are no permits required for such a situation. On top of that they've claimed poverty. But they still said not to touch the trees, not even what overhangs the property line. They also suggested covering up the cars (Yeah right!) with the amount of times we go in and out each day... not gonna happen.
Go and see a lawyer and get a Private Nuisance letter drafted stating to remedy the nuisance withing 30days and hand it to them.
Also give them a bid on the treework, cutting to fenceline.
Inform them that they should get other bids for the same, total 3 perhaps and proceed to alleviate the nuisance.
If nothing happens after say 30 days then inform them that if you proceed to do the work you will sue them for payment via the small debts court and also add in the lawyers letter fees.
If nothing happens do the work and sue them, you'll win hands down for a few bucks. Then stick one of those lein thingos on their house so when they decide to piss off they have to pay you with interest before they can sell.
Problem solved, no need to fight, and it's easier to reason with the magistrate.
Also give them a bid on the treework, cutting to fenceline.
Inform them that they should get other bids for the same, total 3 perhaps and proceed to alleviate the nuisance.
If nothing happens after say 30 days then inform them that if you proceed to do the work you will sue them for payment via the small debts court and also add in the lawyers letter fees.
If nothing happens do the work and sue them, you'll win hands down for a few bucks. Then stick one of those lein thingos on their house so when they decide to piss off they have to pay you with interest before they can sell.
Problem solved, no need to fight, and it's easier to reason with the magistrate.
- Location
- New Fairfield, CT
My dad just called up the heiffers to say "WTF you fat cows?" but not in those words. He said that the lead heiffer threatened to sue if I so much as cut the branches which overhang the property line. So... he is going to go and speak with the town code enforcement officer to see what can be done, and then he will go before the town board which will either force the cattle to cut the trees, or let us cut the branches.
"Why can't we all just get along???"
"Why can't we all just get along???"
- Location
- New Fairfield, CT
Alright, today it was snowing and rather than come out in the morning to find the pine branches drooping down on our cars I went and cut the tips off of 3 branches. The lead hieffer comes out yelling at me that their lawyer has a cease and desist order on cutting the branches. I should really start a fertilizer factory over here with all the bull [censored] that comes out of her mouth, because we haven't seen any order from them at all.. also found out that the code enforcement officer has never been out here to look at those trees like the hieffers claimed.
- Location
- Boulder County, CO.
A certain mother-in-law I may or may not know, used to throw gasoline over the fence to try and kill her neighbor's perfectly beautiful apple tree.
Escalate fights with your neighbors
(although, admittedly, they seem to be bad neighbors) and disfigure their trees (which are part of your environment!) OR: Live in relative peace and harmony, have normal looking trees on your boundary line, come up with a plan for the sap.
Escalate fights with your neighbors
- Location
- New Fairfield, CT
They're bad neighbors alright... we got served today with the cease and desist order. My father is going to call their lawyer on Monday and he'll go from there... if need be he'll get his own lawyer. All this over some stupid branches which obviously fall under the tresspassing laws or statutes or whatever they are called.
- Location
- New Fairfield, CT
Found out some more stuff here. The cease and desist order was sent by a lawyer friend of theirs. It has no weight seeing as how it never went before the judge. Also found out that the lawyer wrote the letter for free. We wrote a certified letter back to him stating that we hold his client responsible for any and all damage caused by the trees in question. Now the neighbors have taken to harrassing us. I mentioned to my father that it's strange how the one cow is on disablity for about 10 years and needs a nurse... but she is somehow able to move a wheelbarrow filled with soil and shovel snow. We're gonna start taking pictures when we see something like that, and if need be we'll report her to the proper authorities. Figure they'll lose the house and the one will go to jail. Problem solved. Also we are going to have the sap cleaned off the cars professionally and will take them to small claims court in order to get our money back.
TC
Participating member
What about building a carport?
- Location
- New Fairfield, CT
That idea isn't fiesable because of how the driveway is set up.
guymayor
Branched out member
- Location
- East US, Earth
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Also we are going to have the sap cleaned off the cars professionally and will take them to small claims court in order to get our money back.
[/ QUOTE ]I've seen all kinds of carports on all kinds of driveways.
Before you pursue this inspired course of action, consider the cost of filing (($85. plus more per defendant), plus the cost of appearing, plus the uncertainty of what the magistrate might think or say--might be sympathetic to the ladies--plus the escalation of ill will--o wait, that would be a plus for you since you are bent on war.
All this because of sap on cars? Autophilia leads to madness--is this a corollary syndrome to road rage?
Note to self--do not move to NY--people are crazy there. sounds more like Baghdad than the USA I know.
Also we are going to have the sap cleaned off the cars professionally and will take them to small claims court in order to get our money back.
[/ QUOTE ]I've seen all kinds of carports on all kinds of driveways.
Before you pursue this inspired course of action, consider the cost of filing (($85. plus more per defendant), plus the cost of appearing, plus the uncertainty of what the magistrate might think or say--might be sympathetic to the ladies--plus the escalation of ill will--o wait, that would be a plus for you since you are bent on war.
All this because of sap on cars? Autophilia leads to madness--is this a corollary syndrome to road rage?
Note to self--do not move to NY--people are crazy there. sounds more like Baghdad than the USA I know.
- Location
- New Fairfield, CT
Guy, I'm not bent on war, however if it's war that they want then it's war that they shall get.
Today their lawyer called again. Apparently the fat cows claim that I have been climbing their trees in order to cut branches (I've used a polesaw a few times and that's it). They also claim that I have been mennacing? them with my chainsaws. I take my saws from inside the house out to my car or truck and that's it. Then they claimed that my sister and I have been cutting branches on their trees at all hours of the day and night. We come and go at all hours of the day and night... I severely doubt that we are cutting branches at 1:00 AM.
Today their lawyer called again. Apparently the fat cows claim that I have been climbing their trees in order to cut branches (I've used a polesaw a few times and that's it). They also claim that I have been mennacing? them with my chainsaws. I take my saws from inside the house out to my car or truck and that's it. Then they claimed that my sister and I have been cutting branches on their trees at all hours of the day and night. We come and go at all hours of the day and night... I severely doubt that we are cutting branches at 1:00 AM.
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