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Old 12-01-2005, 02:50 AM
Salty Thumb
 
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"James" wrote in
:


"Salty Thumb" wrote in message
news:iSZEd.2135$SS6.938@trnddc07...
"Michelle C" wrote in
:

Even when their canoe was leaned
against my fence, I did not complain. My opinion is that they can
do whatever they wish on their property.


Super Salty Seer says: Optimistic idealists like yourself will never
get along with short-sighted pragmatists.

Since it has been determined that you are the owner of the fence, it
is your prerogative or not to tell the other party to bugger off.
However, they do have right to trim encroaching parts of the vine in
a manner that does not result in the death of your vine and if they
can show that your vine is damaging their property (and not just
being a nuisance) they may be able to take action against you. Since
you have indicated that you are not adverse to trimming both sides,
you may choose that solution until it becomes odious for whatever
reason at which time you will enact the contigency plan that you had
prepared in the interim.


Sorry, but I have to side with Michelle C. From the moment the
neighbors mentioned the vine, it was apparent they were petty
individuals. To bitch about a 5 minute job every 2 - 3 weeks while
much more time is spent tending their own garden is petty and doesn't
even deserve a serious discussion IMO. If Michelle does not agree to
trim their side of the fence, I expect some repercussion from the
petty ones like butchering the entire vine as trimming or killing it
as some kind of challenge. Such behavior is childish. So rip out the
fence Michelle and put up a board one. And make it high enough the
*******s can't see what you are doing. And if you invite them over in
the spirit of the holidays again, make sure they get the rot gut
liquor.



Well that's pretty much what I said but anyway, regardless of whether the
neighboors are assholes or not, legally, if the vines are damaging their
property, they can take legal action. It may not be cost effective to do
so, but they can do it. Likewise if Michelle can show that they caused the
death of her vine or maybe even cause any damage to the vine (on Michelle's
property) then she can take action against them. Since I guess Michelle is
not the litigious type and if in fact trimming twice as much vine is not a
big deal then why not? Of course I also think that any guest who utters
"your name here, you're going to have to do something about blah blah"
has about as much tact as a feces throwing monkey, to the end that any
amount of trimming will eventually become unsatisfactory, additional
demands will probably be made and Michelle will decide to effectively tell
the neighbors to bugger off and put up a solid fence or enact some other
suitable solution that obviates the original problem.

Ethically, if Michelle were the neighbor, having different circumstances
and different values, would doubtless not want somebody else's vines pretty
or no encroaching on her own flowers. So ethically, you would think
Michelle would want to do something about it. Now normally, I don't think
people go willy nilly into other people's yards to trim their own plants,
but as that solution has been presented as suitable to both parties at
least in temporarily, then it seems the best interim solution. I also
think that Michelle finds the neighbors in some way irksome, so I guess she
might get tired of the double trimming and enact a more permanent solution,
such as a new fence or moving the vine x distance inside her property onto
a trellis or some kind.