JNJ wrote:
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?

Find out what your local laws are. Around here, you need a permit to cut
down trees with trunks larger than a certain diameter, but getting the
permit isn't a major deal. Changing the topography in such a way that
run-off adversely affects a neighbor is usually a big no-no, but some
places if you change the elevation of an area bigger than x by more than
y inches you may need a permit. If this activity is part of developing
the property, parts of the plan may be allowed by the development plan,
but in other areas separate permits and plans need approval from
different bodies.

In general I doubt that you'll find anywhere with an ordinance that will
address windbreaks, or sun vs. shade issues, or aesthetic issues. But
you never know. Those things may be addressed by a HOA or in the CC&R's.

You say he's a tough neighbor to deal with, but that may be because of
the way people approach him. Do you know *why* he's clearing them out?
Could part of his plan be good for you? Maybe if you help him with the
parts that will be good for you, you might be able to talk him into a
compromise on the parts that aren't.

Before you entrench yourself too much into the position that what he's
doing will adversely affect your property, think about how you'd feel if
a neighbor came to you with nothing but complaints about what you're
doing on your property. While you want to protect your property, and
your rights to enjoy it the way you see fit, your neighbors want the
same thing. They don't want to have to get your approval to make changes
to their property any more than you want to get approval before you do
something on yours.

Of course we do have laws that govern the use of our property, but as
I'm sure you already realize, they don't cover everything, and even when
the subject is something covered, dealing with a neighbor on a personal
level ultimately results in better solutions than going strictly by the
law.

To sum up my rambling, try to understand *why* your neighbor is doing
what he's doing is the first step. And if his plans adversely affect you
too much, your best route is to come up with a plan that meets his
objectives, and adversely affects you less. (And offering to help in
implementing it may be your key to success.)

Either that, or just learn to live with it.

--
Warren H.

==========
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