Among Friends

[CrazyDaisy]

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@Plaid Pants2 wrote:

When person"A" shares a property line with person "B", and person "A" wants to put up a fence on that property line, legally, person "B" does NOT have to split the cost for the installation of that fence.

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Nor can they take it down once a neighbor has tied into it.  Most municipalities as part of the permit application require permission from all parties which follow all future owners.  

[Plaid Pants2]

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@jaxs mom wrote:

take him to small claims court to recover your deductible. 

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Legally, she is responsible for any and all branches, limbs that hang over the property line, whether that is one inch off of the ground or 1,000 feet off of the ground.

Also, did she have a trained arborist come out and inspect the trees, and make a written determination that the trees were diseased?

If so, was the neighbor given written notice that his trees were diseased?

These are all things that any judge would want to know, and ask the plaintiff.

Odds are, the defendant would win the case, and he would owe her nothing.

[Plaid Pants2]

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@bonnielu wrote:

Lost my post... hope this is not a double.... @RinaRina  Yes,  totally what I was told.  I had some issues.  About 10 years ago two neighbor trees came down and bashed in the tops of my two cars.  But the trees were alive and well and not visibly dead or decayed.  My insurance fixed my cars... Then a few years later on my other border my trees came down across my neighbors driveway.  My insurance company directed me to TELL HIM to call his insurance company.   He was not all that happy but I was right.  My tree--- but it was not dead, decayed visibly.  I felt bad but my insurance refused and his paid.

However I am told:  If an owner knowingly leaves a dead tree or a damaged tree and it  falls .... it is on his dime and his insurance company must do something. If if is not an act of God and someone is neglectful then it is on them. 

I am in the state of Maryland. Might vary from state to state. Not sure.

Lucky me I live in the woods so this can be ongoing. 

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Key word there is "KNOWINGLY".

[KingstonsMom]

@Nightowlz

That is what we're considering on that one side that he tied into, moving it in a couple of feet, although we're basically giving up a few feet of our own property (which irks me!).

But the problem is that DH has a big workshop built pretty close to that fence line and we're not sure that we have enough room to get around the roots behind his workshop.

His workshop's huge, floored and couldn't easily be moved!

BTW, he also had a huge tree in his front yard that he finally did cut down after it's limbs started falling on his own roof, but not before the roots to that tree broke up part of our concrete driveway!

And when he had the tree cut down, he didn't want to pay the extra to have the stump ground (and didn't give us the offer to pay for it), so those roots are still growing and the damage to our driveway remains.

Again, no point in trying to repair it, since the roots will keep growing and the damage will return.   

[millieshops]

I do not know the legalities (maybe they vary from place to place?) but I do know human nature a bit -  so I think we never know a neighbor or even a family member until we'd lived through a problem with them.

[KingstonsMom]

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@CrazyDaisy wrote:

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@Plaid Pants2 wrote:

When person"A" shares a property line with person "B", and person "A" wants to put up a fence on that property line, legally, person "B" does NOT have to split the cost for the installation of that fence.

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Nor can they take it down once a neighbor has tied into it.  Most municipalities as part of the permit application require permission from all parties which follow all future owners.  

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@CrazyDaisy

Not true in my area, but our fencing is 1 ft. inside our property line, so we can take it down completely if we want to, even though our neighbors on both sides have tied into it....they're legally 'encroaching'.

They would then be responsble to fence in that one side of their property.

[CrazyDaisy]

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@KingstonsMom wrote:

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@CrazyDaisy wrote:

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@Plaid Pants2 wrote:

When person"A" shares a property line with person "B", and person "A" wants to put up a fence on that property line, legally, person "B" does NOT have to split the cost for the installation of that fence.

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Nor can they take it down once a neighbor has tied into it.  Most municipalities as part of the permit application require permission from all parties which follow all future owners.  

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@CrazyDaisy

Not true in my area, but our fencing is 1 ft. inside our property line, so we can take it down completely if we want to, even though our neighbors on both sides have tied into it....they're legally 'encroaching'.

They would then be responsble to fence in that one side of their property.

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You may want to check with the city.  You would have had to have given permission for them to connect. It is considered a permanent structure.

[KingstonsMom]

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@CrazyDaisy wrote:

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@KingstonsMom wrote:

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@CrazyDaisy wrote:

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@Plaid Pants2 wrote:

When person"A" shares a property line with person "B", and person "A" wants to put up a fence on that property line, legally, person "B" does NOT have to split the cost for the installation of that fence.

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Nor can they take it down once a neighbor has tied into it.  Most municipalities as part of the permit application require permission from all parties which follow all future owners.  

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@CrazyDaisy

Not true in my area, but our fencing is 1 ft. inside our property line, so we can take it down completely if we want to, even though our neighbors on both sides have tied into it....they're legally 'encroaching'.

They would then be responsble to fence in that one side of their property.

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You may want to check with the city.  You would have had to have given permission for them to connect. It is considered a permanent structure.

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@CrazyDaisy

I don't live in a 'city', I'm in an unincorporated area and no permission was asked nor given to tie into our fence.

[qvcfreak]

During Hurricane Dolly, my neighbors tree fell into our yard. Immediately after the storm, they came and told us they would take care of it. They paid for clean up and replaced the two plants that were damaged. That is awful that your neighbor just shrugs it off.

And yes, I would apologize and offer to take care of the problem.

[KingstonsMom]

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@qvcfreak wrote:

During Hurricane Dolly, my neighbors tree fell into our yard. Immediately after the storm, they came and told us they would take care of it. They paid for clean up and replaced the two plants that were damaged. That is awful that your neighbor just shrugs it off.

And yes, I would apologize and offer to take care of the problem.

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@qvcfreak

As would I, that's what good people do!

Be thankful that you have 'good people' for neighbors!