Fence and questions

[RadarTech]

Folks, I was reading another post and I have a question or 3...

http://www.tractorbynet.com/forums/rural-living/126141-neighbor-fence-my-land.html


On my property the neighbor put up a split rail fence right on the property line...

Not a problem for me, I actually like it and may even hook into it and run it down the line a little farther!

He is a bad neighbor and put the fence up for spite as he did not like us building here. (It was woods since he bought and built his house.)

So for my question--

If a tree on his or my side falls over the line what is deal here?
My tree damages his fence-- whose responsibility or is it an act of God?
His tree falls, damages his fence- can I cut the portion of the tree over the line? (Our driveway runs almost parallel to the property line and a tree down would block the driveway to our house).

We live in the moutains, lots of trees and most of the property is just woods.


Whatcha think folks?

J

 

[whistlepig]

Folks, I was reading another post and I have a question or 3...

http://www.tractorbynet.com/forums/rural-living/126141-neighbor-fence-my-land.html


On my property the neighbor put up a split rail fence right on the property line...

Not a problem for me, I actually like it and may even hook into it and run it down the line a little farther!

He is a bad neighbor and put the fence up for spite as he did not like us building here. (It was woods since he bought and built his house.)

So for my question--

If a tree on his or my side falls over the line what is deal here?
My tree damages his fence-- whose responsibility or is it an act of God?
His tree falls, damages his fence- can I cut the portion of the tree over the line? (Our driveway runs almost parallel to the property line and a tree down would block the driveway to our house).

We live in the moutains, lots of trees and most of the property is just woods.


Whatcha think folks?

J

I run horses inside my fence. If a tree falls and damages this fence, no matter who's tree, I am going to remove this tree and fix my fence. I have a right as a landowner to maintain and take care of my fence. As far as crossing the property line I would never even think about doing this with out asking permission. I have good neighbors on both sides and they would understand if I crossed on to their property but I will always ask permission before doing so. There are some things you just don't do in the country.

 

[CurlyDave]

If a tree falls from either side you have the right to cut it at the property line and clear your part, especially if it is blocking your driveway.

As far as the split rail fence goes, if it is damaged by a tree falling on it I would look at that as a perfect opportunity to make friends. The material to repair it is lying there in the form of the tree, so go offer to help fix it. If he declines it is his problem, if he accepts you will get along a lot better after fixing the fence together.

If he wants you to pay for fixing it, tender it to your insurance company.

 

[J_J]

I run horses inside my fence. If a tree falls and damages this fence, no matter who's tree, I am going to remove this tree and fix my fence. I have a right as a landowner to maintain and take care of my fence. As far as crossing the property line I would never even think about doing this with out asking permission. I have good neighbors on both sides and they would understand if I crossed on to their property but I will always ask permission before doing so. There are some things you just don't do in the country.

Acts of God type of damages, are covered by your insurance. If he is cutting a limb, and it falls on your fence, he is liable. Where you have to be carefully is when you cut his tree roots that are encroaching under your patio or driveway. If you cut the roots and the tree dies, or the wind blows the tree down because you cut the supporting roots, you might be liable.

 

[Egon]

Where you have to be carefully is when you cut his tree roots that are encroaching under your patio or driveway.

Conversely if these roots are damaging your property he will be liable.

 

[J_J]

Conversely if these roots are damaging your property he will be liable.

Don't think so, but will check on this further.

 

[J_J]

Found out some more data. Acts of God, lightening wind, rain etc. If a tree falls in your yard/property, insurance does not cover that, the burden is on you. If the tree damages your house insurance will cover that. If your tree falls on your neighbors house, his insurance covers that. You have to remove the rest of the tree and root ball. If his tree roots are encroaching through the fence and under your side walk, driveway, house, you have the right to cut and remove them up to your property line. If doing that kills his tree, lawyers will argue that. If his tree limbs are gouging your roof, you can cut back to a reasonable distance. If your neighbor has a live tree or a dead tree leaning toward your house, and if it fell on your house, could cause loss of life and or damages, you should send a letter stating the situation, ask him to rectify the situation, and send it by certified mail. After that he is liable. If your neighbors kid climbs over your fence and drowns, your insurance will pay up to the limits, but if the limits are $300,000, and they sue for 1 million, you have to pay the difference. There is a lot of stuff out there to make one think, about dogs, pools, 4 wheelers, mini-bikes, You all do know that you are supposed to safeguard anybody on your property.

 

[Egon]

If his tree roots are encroaching through the fence and under your side walk, driveway, house,

In Alberta if those encroaching roots damage your property the owner of the tree is liable.

 

[J_J]

In Alberta if those encroaching roots damage your property the owner of the tree is liable.

Have your insurance agent call my insurance agent and they can discuss the merits of the insurance world.

 

[Egon]

Why?

I am talking about an actual situation that did happen, it's long since over and done with.

 

[J_J]

Why?

I am talking about an actual situation that did happen, it's long since over and done with.

Rules are rules, and laws are laws, and ours may be different than yours.

 

[Egon]

Yes I know that.

 

[RadarTech]

Folks,
I once again am grateful for all the knowledge and wisdom here....

I am going to fix the fence.. But since the neighbor is not at his "vacation home much" and won't even answer phone calls..
I need to let him see it broke and then let him see me fix it..
Gotta plan it when he is in town.... This should be fun timing.....

Jim

 

[schmism]

Ive always understood that any tree branches, bushes etc that extend over the line of your property can be trimmed by you to the property line. If this means slicing off half the side of the tree your within your rights to do so.

if the line splits the tree you can still trim your side, but can NOT cut it down as you do not own ALL of the tree.

 

[CurlyDave]

I am going to fix the fence.. But since the neighbor is not at his "vacation home much" and won't even answer phone calls...I need to let him see it broke and then let him see me fix it..

Well don't just keep us in suspense, show us a few pictures. I always love to see pix of fallen trees.

 

[QRTRHRS]

Folks, I was reading another post and I have a question or 3...

http://www.tractorbynet.com/forums/rural-living/126141-neighbor-fence-my-land.html


On my property the neighbor put up a split rail fence right on the property line...

Not a problem for me, I actually like it and may even hook into it and run it down the line a little farther!

He is a bad neighbor and put the fence up for spite as he did not like us building here. (It was woods since he bought and built his house.)

So for my question--

If a tree on his or my side falls over the line what is deal here?
My tree damages his fence-- whose responsibility or is it an act of God?
His tree falls, damages his fence- can I cut the portion of the tree over the line? (Our driveway runs almost parallel to the property line and a tree down would block the driveway to our house).

We live in the moutains, lots of trees and most of the property is just woods.


Whatcha think folks?

J

Check with your locals. Some places require a setback from the property line. Not that it is an immediate concern but this could be some thing to keep in mind for future problems.

Fence placement can be a means of annexing someone elses property over time.

 

[J_J]

Ive always understood that any tree branches, bushes etc that extend over the line of your property can be trimmed by you to the property line. If this means slicing off half the side of the tree your within your rights to do so.

if the line splits the tree you can still trim your side, but can NOT cut it down as you do not own ALL of the tree.

I don't believe you are correct in your statement. You can not arbitrarily trim a tree because tree limbs extend over your property. If they are causing damages, then you can trim to a certain degree. Say you had a beautiful 80 ft red oak on/next to your property , would you mind if the neighbor trimmed all the limbs extending over to his yard, and took all the limbs all the way to the top, and left you with sort of a half tree? And no, you can not cut half a tree because it is on the property line.

 

[J_J]

Folks,
I once again am grateful for all the knowledge and wisdom here....

I am going to fix the fence.. But since the neighbor is not at his "vacation home much" and won't even answer phone calls..
I need to let him see it broke and then let him see me fix it..
Gotta plan it when he is in town.... This should be fun timing.....

Jim

Definitely take pictures before and after, and have them notarized with a letter or statement.

You can cut and remove the part of the tree on your property, but you should not go on his land and touch anything with out his permission.

 

[J_J]

Acts of God definition and law.

http://www.newmantools.com/machines/drillpoint.html

 

[SuperDuty335]

In theory property lines run forever and ever in a vertical plane. You have rights to the air above you and the earth beneath you. If a tree is halved by a property line the two neighbors each own their share of the tree...theoretically. In reality, if one were to trim their share of said tree and it caused a problem with the neighbor, the resolution would more than likely exceed a general "rule of thumb" and require litigation; In my opinion