OT Who is responsible

I just received in the mail a letter from our neighbor down at the farm. We have about 80 acres ,almost all woods. The neighbor put up an old log cabin almost on the property line. The trees do drop branches in wind storms, and drop dead limbs naturally. they are now wanting us to trim trees and remove trees because they are afraid that if they might fall they will hit the cabin. What do you guys think? Am I responsible or are they since they decided to build that close to the woods? Your thoughts on the subject will be helpfull. Thanks Bob

call your lawyer. is there a zoning code as to how close one can build to property line? somebody might have goofed up bad.

My understanding is that they have the right to trim the tree if the branch overhangs the property line. I doubt they can force you to, but if they're jerks (probably) they'll try to get you the do their bidding.

Yeah, I'll bet there is a "set back" provision in building codes. Usually NO LESS than 75 feet. Check the code if the area is zoned. You might be able to make him move his cabin!
If not, He is allowed to trim overhanging branches. Tell him to "Cut Away"

Gordo

GW

How good a neighbor would you like them to be? If you go the extra mile for them, maybe they will be good to you in the future. Or you can tell them "That is what insurance is for!"

What do you think the right thing is for you to do. Do you like being Mr. Nice Guy. Or would you rather tell them to take a hike?

Either way it is your call. Do what your instincts tell you to do. You have to live with yourself reguardless of what the laws or regulations say.

I bet that the cabin can be moved too.
Steve

My neighbor just went through this and he cut all overhanging branches. Good advice from those that said to check the setback. Hal

Remove trees? Don't let him do it. Remember the logger's slogan; "Sure I got your trees but you still have the land."

I would think there would be a setback requirement... but from what I envision... there probably wasn't a permit to begin with, so they're not really going to push this too far now are they?
If you're nice about it I spose you could tell them they might cut some limbs off that they feel are risky. If you don't want to be nice I guess you could report the building, tell them to pound sand, etc...
I guess my reaction in that situation would depend on how much the peeved me at the time.

Rod

Sounds like "down at the farm" is a fair distance away from your home. You will have to decide if you want to have angry neighbors able to run wild at your place when you're not there. They shouldn't have built that close to your property. I'd also be concerned they will start using your property as if it were theirs if they aren't already. Might be a good idea to trim the trees and put up a barb wire fence.

Be very careful. Here in Wisconsin if there is a set back by county, state, or local and they built closer to the line after 10 years they can then claim the land along your whole piece for a distance of the set back from their building. You could loose a good chunk of land.

Sounds like they need to go stick it.Fly a KITE.sounds if it were closer they need a new PIG or CHICKIN FARN Real Close ???

Your "Neighbor" has no consideration of you.Building on the property line demonstrates this. Call "Now" the local Building Code Enforcement Dept.or what ever it is called there and make a complaint and request authentification of proper permits applyed for and granted and compliance with the set back law.Wait to long and it may be to late. Check to be sure the "Fence" Law has been followed exactly. Otherwise this not so social a "Neighbor" will be your worst enemy. Good Fences make good Neighbors.

Check your state laws but in WI, if a person contacts you about trees being in danger of falling and you do nothing AND they do fall which causes damage, you are responsible. If they do not contact you and they fall, that is an act of god and you are not at fault. Of course, if you knew about it and did nothing and they fell, you are at fault but thats hard to prove so thier letter is notice to you.

Any limbs that overhang the property line are free to cut as long as it dont endanger the life of the tree. Maybe you can offer that to them or give them rights to cut anything they want in exchange they are responsible for any future trees that come down. You might lose a few trees but better than having your insurance get hit for a tree on the cabin.

I've recently concluded that a nuisance neighbor has the high potential to cause a lot of aggravation, situations requiring law enforcement that can result in the tables being turned backwards on you as well as becoming a costly liability to resolve.

Maybe it was an honest mistake or afterthought, or maybe there are other motives besides tree limbs.

The best thing you can do, is have that line surveyed, establish the line and see exactly what you are dealing with. They can do the same, contesting your survey. They might own 1/2 of the tree, therefore not your responsibility. The setback and local laws, codes, you should check and be diligent about educating yourself on same. You can decide based on the demeanor of that neighbor whether action is warranted, if can be done in the first place, say there is a local law that defines the distance an occupied dwelling ( building line) must be from a property line, maybe it's in compliance, no harm to check.

Gone are the days of upstanding and honest neighbors, which is unfortunate, but often times true. Gone are the days where trusting a neighbor is a worthy cause, law says to be diligent about these things so do what is necessary to protect your interest, at minimum, anything beyond that is your call, to be quite frankly, better to be safe then sorry when it comes to a situation like this, if there is a legitimate concern about future problems, especially if they are legal matters.

Every state & county has different laws. I assume Ohio, what county?

Here is one interpitation what your neighbor can do - unless your county has it's own laws:

http://answers.google.com/answers/threadview/id/52994.html

(You don't have to; he may trim to the property line; he is to deliver the branches to you if you want them as they are yours.)

Since they gave notice of impending damage from your trees, that will hold some legal issues if indeed a tree hits their building. In most cases a healthy tree falling down is an act of god; but now they set liability issues in motion, and you likely need to follow up with your own lawyer's interpitation of it all. Are there any dead, cracked, or weakened trees in that area? Perhaps a meeting with your insurance company, if that doesn't stir up a can of worms would bring some laws/ rules to light as well.

I sense you are a bit miffed by this letter. I would be as well. As others say, there are 2 directions to go with this, and whatever you set in motion will be around for 20 years or so.

Looking into county setback laws and building a fence (some states & counties require both landowners to pay 1/2 for the fence when one is built.....) might not be a bad idea. It seems you got one of the special neighbors. We all get one or 2 of those in a neighborhood....

--->Paul

Survey and a lawyer.
Make certain the municipality knows about your neighbor who likely built without a permit & official plan. The county or state may make your neighbor tear down or move his shack. It wouldn't surprise me that his building was on your property.

Bob, help us out with a little more information. What do you mean "almost on the property line"?, how many feet back are they? What kind of fence do you have? Do you have posted signs, no trespassing signs? Do any limbs of your trees stick over the fence aboove the neighbor's land? Hard to give advice without knowing more, but, as a start I would. 1. build good tall,fence. 2. post signs in accordance with local laws. 3. cut all limbs on trees growing on you side of the fence which hang over the neighbors land. 4. Have your attorney check them out for set-back compliance, building permits, septic system approval by county, etc. Dont sit on you hands and do nothing or you will regret it down the road. Tom

One of the things not mentioned by other is the waste disposal from theat cabin. Does it have a permitted Septic system or is it an illeagle one. Make sure the drain field is not near tour property line stc. Henry

This story goes along with your tree problem. A land owner has 2 acres next to the fire dept. I disc his field every year to remove the fire hazard consisting of weeds. He just received a letter from the fire dept. to remove branches from trees hanging on the ground on his property which is also a fire hazard. Only problem is 1/4 of the trees are on the fire dept side hanging over the fence on his ground. I don't know how this is going to turn out, but I don't think the land owner is responsible. Stan

Check with your attorney or your farm owners liability carrier. They have the exposure if there is damage and you are at fault, or if you are not at fault and get sued anyway. You can be right and still have a lot of headaches but if it was me, here, under Kentucky laws, I'd ignore them. What the ins adjuster I live with tells me is limbs on their side of the line are theirs and up to them to deal with. When she gets claims on this kind of stuff, and she gets them daily, she sends them a polite T.S. letter and a copy of the statute. Only once has their been a suit and that was when a limb off a dead tree fell onto the highway in a windstorm. Took 10 years and a trip through the court of appeals but ultimately the land owner prevailed. Didnt cost him anything but time, ins company spent right at 250K defending him though.

1 match 5 gallons fuel= no more cabin???

Interesting. Setbacks and the other issues are all in play. If it's a possibility where you are, I'd be concerned about them taking enough of your land by adverse possession to cover their setback.

How would you characterize their property? Is it also/mostly woods, or is it more open field and they built up alongside your woods for the ambience?

If they get snarky about it, and where you have 80 acres mostly wooded, I'd be tempted to tempted to harvest and sell some wood and clear cut an acre right next to them on my side, and leave them with a view of the stumps.

Take some pictures of the fence/property line to help establish the current location. Just in case they try removing it or using your side.