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Old 09-11-2003, 09:02 PM
paghat
 
Posts: n/a
Default Neighbor clearing trees, affects on property

In article , "Tom J"
wrote:

Before talking to him, go to your city, county, or other local governing body
and ask to see tree cutting & land clearing regulations/ordinances. You need
ammunition in the gun before pulling the trigger, so to speak.
Your neighbor may have every right to do what he is doing, or may not. If he
has already taken out trees that violates local regulations/ordinances, he may
have to replace what was removed.

Tom J

"JNJ" wrote in message
...
Hey gang -- a question. I have a neighbor who is clearing out a bunch of
trees. Depending on which trees he decides to pull out, this could have a
substantial affect on my property both in terms of drainage/erosion as well
as wind breaks.

I know there are typically laws/ordinances about doing these types of things
so I wanted to see if anyone had any tips on what to look and where to look.
Naturally, I'm going to talk to him about it before I go the legal route but
I need to have my p's and q's together with this guy -- he's a tough
neighbor to deal with on just about anything.

Suggestions?

James



I think Tom offers good advice, as you should know specifically what your
"legal" rights might be in the matter. But by & large, there are not apt
to be ordinances that permit you to stop someone from taking trees off
their own property. The best thing would be if you could talk to the guy
in a totally friendly way & ask if he would permit you to have some input
into what is removed & what remains, for reasons of erosion, windbreak, &
beauty in the neighborhood. If he's a good egg he'll let you help in the
decision making. If he seems reluctant you could get SLIGHTLY tougher
about it, perhaps suggesting that it would awful if a year or two years
down the line predictable erosion damage forced a legal suit that could
end up driving a wedge between otherwise friendly neighbors. If he's dead
set against you sticking your nose into decisiosn about his property, then
write a polite letter (so that everything is in writing) noting what trees
you hope he decides to leave, because they are protecting your property
from erosion & to remove them would have a predictable adverse affect on
both properties. That way, if it does end up in court with you trying to
get damages after the erosion, or stop a clear-cut before it happens,
there'll be no way he can argue that it was unpredictable or that he
didn't know there could be an adverse effect. Obviously it's going to work
out much better for everyone if without threats or illwill you can agree
what is best for both properties before anything's taken down. Healthy
beautiful trees on a property with landscaping beauty increases property
value; he harms even himself if he takes away something that is impossible
or expensive to replace.

-paghat the ratgirl

--
"Of what are you afraid, my child?" inquired the kindly teacher.
"Oh, sir! The flowers, they are wild," replied the timid creature.
-from Peter Newell's "Wild Flowers"
See the Garden of Paghat the Ratgirl: http://www.paghat.com/