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Old 10-01-2005, 05:25 PM
Michelle C
 
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Default Legal/Ethical Dilemma?

Three years ago, my neighbors were storing a canoe up against the chain link
fence that separates our backyards. It was an eyesore. My opinion is that I
have no right complaining to my neighbors about what they do on their own
property, so I took a pro-active approach instead. I planted some Silver
Lace vines on the chain link fence. This worked very well and by the end of
summer it hid the canoe, and it looked really nice.

The following year, they got rid of the canoe and planted a flower garden in
its place. Even though I no longer needed the vines, they looked so
beautiful that I kept them.

Now, three years later, they are a magnificent backdrop to the rest of my
flower garden. It's a backdrop to their flower garden too, and they didn't
even have to pay for it.

During the Christmas holidays, I invited these neighbors over for a holiday
drink, and James said "Michelle, you're going to have to do something about
those vines." When I asked him what he meant, he said that the vines were
growing into their yard and are strangling their plants.

I told him that it's a vine, and all vines need trimming occasionally. I
told him I trim my side of the vine every two or three weeks in the summer,
and it only takes about five minutes each time. I said that's a small price
to pay for having such a beautiful plant that is covering what was an ugly
chain link fence.

He told me that he and his wife shouldn't have to trim it at all, because it
was my vine. He said if I were willing to trim it on their side of the fence
from now on, they wouldn't have a problem with it, but if I don't do this,
I'd have to "do something about my vines". He of course means I should kill
the plants to make him happy.

I changed the topic and wasn't the same for the rest of the evening. I was
insulted that they would come into my home, drink my wine, and use it as an
opportunity to criticize me. Plus, it's winter! Why is he bringing that up
in the middle of winter?

I have already decided that I will trim the vines on their side of the
fence. But now I'm wondering who is right, and who is wrong, in this
situation? Am I right to think my neighbors are cranky? Does the law
obligate me to trim vines that enter my neighbors yard? Should they accept
the minor chore of vine trimming in return for having such a beautiful
backdrop (their words) to their garden?

TIA!
Michelle


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Old 10-01-2005, 06:08 PM
Kay
 
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In article , Michelle C
writes

I have already decided that I will trim the vines on their side of the
fence. But now I'm wondering who is right, and who is wrong, in this
situation? Am I right to think my neighbors are cranky? Does the law
obligate me to trim vines that enter my neighbors yard? Should they accept
the minor chore of vine trimming in return for having such a beautiful
backdrop (their words) to their garden?

Where are you posting from? Your frequent use of 'yard' suggests it
might not be the UK, in which case our advice will not be of much use to
you.
--
Kay
"Do not insult the crocodile until you have crossed the river"

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Old 10-01-2005, 06:20 PM
Michelle C
 
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I'm in the USA. I realize that our laws are often different, and what
applies in the U.K. may not apply here. I'm just curious.

(You don't call them "yards" in the U.K.?)


Where are you posting from? Your frequent use of 'yard' suggests it
might not be the UK, in which case our advice will not be of much use to
you.




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Old 10-01-2005, 06:34 PM
Sacha
 
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On 10/1/05 17:25, in article , "Michelle C"
wrote:

snip
I have already decided that I will trim the vines on their side of the
fence. But now I'm wondering who is right, and who is wrong, in this
situation? Am I right to think my neighbors are cranky? Does the law
obligate me to trim vines that enter my neighbors yard? Should they accept
the minor chore of vine trimming in return for having such a beautiful
backdrop (their words) to their garden?

IMO, your neighbours are in the right. What you have planted is one of the
most vigorous plants known and it will indeed strangle theirs in days, let
alone weeks and you have planted more than one. As time goes on the problem
will get very much worse and you will be lucky to have many plants still
visible in your own garden!

I'd say they have the right to enjoy their garden and what they have planted
without having it intruded upon by your taste in planting on *their* side of
the fence. I'm afraid I think this is a classic case of the wrong plant in
the wrong place and that your neighbours have been pretty patient about it.
I don't think telling them they didn't even have to pay for a plant they
don't want and which is a nuisance to them is going to help your case much,
BTW! And the canoe they had which annoyed you has now been removed, so is
no longer an excuse that you can legitimately use for the vines. If you
removed the vines would it be possible to replace the current fence with a
more attractive one and if so, whose responsibility would that be? Perhaps
you could agree to share costs with your neighbours?

I think too, that what they did was exactly what is so often advocated on
this group - they made a polite, pleasant and friendly approach to you
personally when the opportunity arose, instead of turning it into a
confrontation once the problem starts again next summer. Even *thinking*
about it as a potential legal problem is starting you down the road of
making enemies out of what seem to be reasonable people. After all, as it
is their garden being invaded and their plants being harmed, it is *they*
who could have threatened you with legal action. Much better to avoid that
route!

For what it's worth, we usually ask people buying this plant from us if they
are aware of its thuggish tendencies and warn them against buying it if they
have any doubts about its final location. In my old house, I had a 12'
granite wall against which my neighbours had planted a Polygonum
baldschuanicum and every year I had to cut it back every two days to stop
it destroying a Clematis montana and a Rosa Albertine. It was a blasted
menace and they're really quite lucky I didn't dip the ends in weed killer!
I think you have Polygonum aubertii and an American site I found says this
should not be planted among or near other plants and that in one season it
can grow 15 feet or more.

This is a UK oriented gardening group BTW, so you may get different
responses on rec.gardens which is US oriented.
--
Sacha
www.hillhousenursery.co.uk
South Devon
(remove the weeds to email me)

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Old 10-01-2005, 07:13 PM
Alan Gould
 
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In article , Kay
writes

Where are you posting from? Your frequent use of 'yard' suggests it
might not be the UK, in which case our advice will not be of much use to
you.


You may take that view of your own advice if you wish Kay, but many non
UK gardeners have been very grateful for help given to them by urglers,
and long may they continue to do so. Gardening is a global activity and
the Internet is a global means of communication. Any mailing about UK
recreational gardening is welcome here.
--
Alan & Joan Gould - North Lincs.


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Old 10-01-2005, 07:40 PM
Michelle C
 
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Thanks for your reply, Sasha,

Maybe the growing conditions are not as good in my yard, but the Silver Lace
vines only require trimming every 2-3 weeks, as I said.

I disagree with you though about how "patient" these neighbors are. They
have no trees of their own, and two years ago installed a above-ground
swimming pool in their yard. Since then they've complained numerous times
about my trees (mature oaks and elms) blocking the morning sun from their
pool, and the westerly neighbor's trees (oaks) of blocking the the afternoon
sun. They actually asked him if he would cut his oak tree down because of
this!

I only asked about the legality of their complaint out of curiousity. I have
no intention of taking them to court. I'll trim the vines, and if they
persist in being cranky, I'll cut them down and install a privacy fence -
one of my own choosing - and ask nothing of them in way of renumeration.

Thanks,
Michelle



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Old 10-01-2005, 07:48 PM
Duncan Heenan
 
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"Michelle C" wrote in message
...
snip


As you are an American, I suggest that as someone has upset you, you bomb
the hell out of them, invade their garden, occupy it, take their natural
resources to pay for the damage, and then insist that they thank you for
showing them the American Way.
Have a nice day y'all.


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Old 10-01-2005, 07:52 PM
Michelle C
 
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I forgot to mention, these same neighbors complain about the leaves my trees
drop into their yard each fall.

I wonder if they will ask me to rake their yard for them? :-0


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Old 10-01-2005, 08:17 PM
Michelle C
 
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Thanks for your warm welcome, Duncan.


"Duncan Heenan" wrote in message
...


As you are an American, I suggest that as someone has upset you, you bomb
the hell out of them, invade their garden, occupy it, take their natural
resources to pay for the damage, and then insist that they thank you for
showing them the American Way.
Have a nice day y'all.






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Old 10-01-2005, 08:28 PM
Phil L
 
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Default

Duncan Heenan wrote:
:: "Michelle C" wrote in message
:: ...
::: snip
::
:: As you are an American, I suggest that as someone has upset you,
:: you bomb the hell out of them, invade their garden, occupy it,
:: take their natural resources to pay for the damage, and then
:: insist that they thank you for showing them the American Way.
:: Have a nice day y'all.

Just like Britain did with India, Burma, Australia, America, Canada etc etc
etc.

--

http://www.blueyonder256k.myby.co.uk/


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Old 10-01-2005, 09:22 PM
Nick Maclaren
 
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Default

In article ,
Janet Baraclough wrote:
The message
from "Michelle C" contains these words:

I'm in the USA. I realize that our laws are often different, and what
applies in the U.K. may not apply here. I'm just curious.


(You don't call them "yards" in the U.K.?)


No, we went metric.


I deny that my yard has ever been metricated.


Regards,
Nick Maclaren.
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Old 10-01-2005, 09:36 PM
Kay
 
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Default

In article , Michelle C
writes
I forgot to mention, these same neighbors complain about the leaves my trees
drop into their yard each fall.


The law over here is that if your trees overhang my garden, I can cut
them back as far as the boundary, but what I cut off remains your
property and I have to offer it back to you.

The more neighbourly approach is to discuss trimming beforehand, and not
to just sling the trimmings back over the fence.
--
Kay
"Do not insult the crocodile until you have crossed the river"

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Old 10-01-2005, 09:43 PM
Richard
 
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Default

Hello Janet,

Monday, January 10, 2005, 9:22:54 PM, you wrote:

JB No, we went metric.

When? OK fuel and things in shops are sold metrically but there are
still Miles, feet yards and inches or have things changed in the two
months since I've been living in France (where I'm about to change my
bike computer from miles to kilometers) ;-)

--
Best regards,
Richard (remove NS to reply)
mailto:richard.wakeford@wanadoNS/fr

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