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Neighbor angry I had his vines cut down, what can he do? (1 Viewer)

M

menobrown

Footballguy
Got a neighbor who has lived behind me for 18 years and we don't get along, don't really bother each other so much as we just ignore each other. Until now.

We each have our own fence which runs side by side. This guy planted a massive vine about 15 years ago which has grown onto my fence and in between our fences, just no longer on the top of his fence.  It's a huge vine which hastened the lifespan of my fence as that vine grew in between both fences and the roots would tangle in between my fence and start tearing it up and eventually the weight of this vine buckled my fence. Because again, the vine was just growing along the top of my fence, in between both but only on top of mine so my fence was bearing the full weight.

So I had to get a new fence and when the installers came and asked me what to do with the vine I told them to do whatever they wanted or needed to do get it out of the way, no need to hesitate to cut it down.

So this neighbor I've not spoke with in years just stormed over pissed I screwed up the "aesthetic" of his back yard.

My questions would be does he have legal recourse? Can he sue me for damaging his property-the vine? If so can I counter sue him for his human hand planting a vine which trespasses on my property and caused property damage and maintenance? I'm not a sue kind of guy, only asking that second part to make this all go away should he try and sue or press me for damages?

 
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You can cut/remove anything on your property.   You can't touch what is on his side.   So if the vine is on your property you can cut it up to the line but not onto his.

 
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IC FBGCav said:
You can cut/remove anything on your property.   You can't touch what is on his side.   So if the vine is on your property you can cut it up to the line but not onto his.
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this is probably the letter of the law for sure... but why didn't you just tell him you needed to replace your fence and that something had to happen with the vine?

 
El Floppo said:
this is probably the letter of the law for sure... but why didn't you just tell him you needed to replace your fence and that something had to happen with the vine?
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:goodposting:

A little notice would have been the classy move here. "Hey, just wanted to let you know that I'm replacing the fence, so you might want to make sure that your precious vine doesn't get damaged in the process."

 
IC FBGCav said:
You can cut/remove anything on your property.   You can't touch what is on his side.   So if the vine is on your property you can cut it up to the line but not onto his.
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I'm not a lawyer, but I believe this is correct. I believe he is also liable for any damage caused by his plants/trees.

Pretty sure he could sue you for it if he could prove it, but if the vine grows back, I'd spray everything on my side with RoundUp and watch the whole thing wither and die.

 
if i have learned anything in the past couple of days what you do is start calling him vine boy and threaten to totally destroy the vine and then make his wife have sex with the vine while the landscaper watches take that to the bank bromigo 

 
I'm an architect- so I get dragged into the middle of all of these kinds of neighbor skirmishes all the time. trees/plants (that grow over both properties) and fences/walls (there's two-sides to every wall and fence) are the regular call to arms. letter of the law usually dictates one answer or another... but even when it goes against the neighbor, I always try to offer them as much control- or at least illusion of control- as possible over what is essentially a powerless situation for them. people hate losing power and like even the illusion of it.

 
GroveDiesel said:
I'm not a lawyer, but I believe this is correct. I believe he is also liable for any damage caused by his plants/trees.

Pretty sure he could sue you for it if he could prove it, but if the vine grows back, I'd spray everything on my side with RoundUp and watch the whole thing wither and die.
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:no:

If his trees fall in your yard or on your house, it is on you to clean up or your home owners to pay.

 
Just curious. How much space is there between your fence and his? And is the center of that space the actual property line?

Also, are you saying the vine is planted on his side of his fence but has grown under, over and through his fence over to your side? Or is the vine planted between your 2 fences (perhaps on his property still, depending on the answer to my above question)? 

 
Nathan R. Jessep said:
Just curious. How much space is there between your fence and his? And is the center of that space the actual property line?

Also, are you saying the vine is planted on his side of his fence but has grown under, over and through his fence over to your side? Or is the vine planted between your 2 fences (perhaps on his property still, depending on the answer to my above question)? 
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and listen the good colonel is trying to be coy and not ask it but is there any chance you can just hug it out with the neighbor and if so can jessup come and do some of the hugging for you or what take that to the bank brochacho

 
good fences make good neighbors.  nobody ever said anything about vines.    and i could really use a visual.   are we talking a chain link fence where he can actually see the vine through the fence?  if there's already a fence with a reasonable looking vine, why go through the trouble of putting up a redundant fence?

 
NutterButter said:
good fences make good neighbors.  nobody ever said anything about vines.    and i could really use a visual.   are we talking a chain link fence where he can actually see the vine through the fence?  if there's already a fence with a reasonable looking vine, why go through the trouble of putting up a redundant fence?
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I can at least relate to the last question:  We had to put up our own fence along the back of our property despite the neighbors behind me already having one.  They wouldn't let us link up to it.  We get along with the couple fine and they are friendly , but the lady is extremely cheap, said they had put it a foot inside their property, and claimed they would eventually be taking it down.  :rolleyes:   Yeah, right whatever.  We now have a 18 inch across "alley" between the two fences which looks stupid and is a bit of a PITA to mantain, but I wasn't going to get into a fight over it.

 
Uwe Blab said:
I can at least relate to the last question:  We had to put up our own fence along the back of our property despite the neighbors behind me already having one.  They wouldn't let us link up to it.  We get along with the couple fine and they are friendly , but the lady is extremely cheap, said they had put it a foot inside their property, and claimed they would eventually be taking it down.  :rolleyes:   Yeah, right whatever.  We now have a 18 inch across "alley" between the two fences which looks stupid and is a bit of a PITA to mantain, but I wasn't going to get into a fight over it.
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I would totally only trim the 6 inches on my side

 
Uwe Blab said:
I can at least relate to the last question:  We had to put up our own fence along the back of our property despite the neighbors behind me already having one.  They wouldn't let us link up to it.  We get along with the couple fine and they are friendly , but the lady is extremely cheap, said they had put it a foot inside their property, and claimed they would eventually be taking it down.  :rolleyes:   Yeah, right whatever.  We now have a 18 inch across "alley" between the two fences which looks stupid and is a bit of a PITA to mantain, but I wasn't going to get into a fight over it.
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Jesus.  What reason did they give for not letting you link up?  I probably would've just attached some chicken wire between the side fence and their back fence; just something to keep the dog and kids in.   Throw an otishorvitaeTM in each corner corner so it doesn't look like an eyesore.   

 
NutterButter said:
Jesus.  What reason did they give for not letting you link up?  I probably would've just attached some chicken wire between the side fence and their back fence; just something to keep the dog and kids in.   Throw an otishorvitaeTM in each corner corner so it doesn't look like an eyesore.   
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"Oh we hate that fence and we were going to take it down pretty soon."  They aren't going to take it down.

Even better is they, of course, did the same the same thing with their next door neighbors who they do NOT get a long with.  Those neighbors just put up a fence 2 weeks ago that is "redundant" with no room for a kinda lawn maintenance alley on that side and now it REALLY looks stupid for the cheapo couple.

 
Uwe Blab said:
I can at least relate to the last question:  We had to put up our own fence along the back of our property despite the neighbors behind me already having one.  They wouldn't let us link up to it.  We get along with the couple fine and they are friendly , but the lady is extremely cheap, said they had put it a foot inside their property, and claimed they would eventually be taking it down.  :rolleyes:   Yeah, right whatever.  We now have a 18 inch across "alley" between the two fences which looks stupid and is a bit of a PITA to mantain, but I wasn't going to get into a fight over it.
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This is exactly why I asked for clarification above. I've seen this happen a few times to friends. People, man. SMH

 
SWC said:
and listen the good colonel is trying to be coy and not ask it but is there any chance you can just hug it out with the neighbor and if so can jessup come and do some of the hugging for you or what take that to the bank brochacho
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well, now that you mention it... :wub:  

 
menobrown said:
Got a neighbor who has lived behind me for 18 years and we don't get along, don't really bother each other so much as we just ignore each other. Until now.

We each have our own fence which runs side by side. This guy planted a massive vine about 15 years ago which has grown onto my fence and in between our fences, just no longer on the top of his fence.  It's a huge vine which hastened the lifespan of my fence as that vine grew in between both fences and the roots would tangle in between my fence and start tearing it up and eventually the weight of this vine buckled my fence. Because again, the vine was just growing along the top of my fence, in between both but only on top of mine so my fence was bearing the full weight.

So I had to get a new fence and when the installers came and asked me what to do with the vine I told them to do whatever they wanted or needed to do get it out of the way, no need to hesitate to cut it down.

So this neighbor I've not spoke with in years just stormed over pissed I screwed up the "aesthetic" of his back yard.

My questions would be does he have legal recourse? Can he sue me for damaging his property-the vine? If so can I counter sue him for his human hand planting a vine which trespasses on my property and caused property damage and maintenance? I'm not a sue kind of guy, only asking that second part to make this all go away should he try and sue or press me for damages?
Click to expand...
No

 
IC FBGCav said:
:no:

If his trees fall in your yard or on your house, it is on you to clean up or your home owners to pay.
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Yup - happened with us a few years back in an ice storm - our tree fell on a neighbors house - and it was their homeowners insurance that had to cover the damages to their house.  Our insurance covered the minor damage to our house.

 
Sinn Fein said:
Yup - happened with us a few years back in an ice storm - our tree fell on a neighbors house - and it was their homeowners insurance that had to cover the damages to their house.  Our insurance covered the minor damage to our house.
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Hmmm, that does not seem fair.  I guess that's what insurance is for. 

 
tell him to get over it.  also tell him you are planning on sending him half the bill for your fence as your nasty vine destroyed it

 
IC FBGCav said:
:no:

If his trees fall in your yard or on your house, it is on you to clean up or your home owners to pay.
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A twist to that is that I believe its not so cut and dry if the tree had seen better days and your neighbor asked you to take it down.   I'm not sure how that plays out if you don't agree with your neighbor that it needs to be taken down.   

 
sbonomo said:
Hmmm, that does not seem fair.  I guess that's what insurance is for. 
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My neighbor did not think it was fair either.  

At the time, I wasn't sure - I notified our insurer and explained there were damages to both house, and they assured me that any damages to the neighbor's house was her responsibility.  

 
NutterButter said:
A twist to that is that I believe its not so cut and dry if the tree had seen better days and your neighbor asked you to take it down.   I'm not sure how that plays out if you don't agree with your neighbor that it needs to be taken down.   
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If there was a paper trail asking the neighbor to take down the tree and neglected removing a dead tree you would win if the neighbor failed to act and tree did damage.

 
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menobrown said:
Got a neighbor who has lived behind me for 18 years and we don't get along, don't really bother each other so much as we just ignore each other. Until now.

We each have our own fence which runs side by side. This guy planted a massive vine about 15 years ago which has grown onto my fence and in between our fences, just no longer on the top of his fence.  It's a huge vine which hastened the lifespan of my fence as that vine grew in between both fences and the roots would tangle in between my fence and start tearing it up and eventually the weight of this vine buckled my fence. Because again, the vine was just growing along the top of my fence, in between both but only on top of mine so my fence was bearing the full weight.

So I had to get a new fence and when the installers came and asked me what to do with the vine I told them to do whatever they wanted or needed to do get it out of the way, no need to hesitate to cut it down.

So this neighbor I've not spoke with in years just stormed over pissed I screwed up the "aesthetic" of his back yard.

My questions would be does he have legal recourse? Can he sue me for damaging his property-the vine? If so can I counter sue him for his human hand planting a vine which trespasses on my property and caused property damage and maintenance? I'm not a sue kind of guy, only asking that second part to make this all go away should he try and sue or press me for damages?
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Sue him first.  He ruined your fence.  

 
today it is all about being trendy so every time he mentions the word vine you hit him with two mentions of snap chat and that my friend is how he will know that you are hep cat and bee bop right on outta there take that to the bank brochacharino 

 
IC FBGCav said:
:no:

If his trees fall in your yard or on your house, it is on you to clean up or your home owners to pay.
Click to expand...
Not entirely true, at least not in my state (WA). 

My neighbor had an enormous cottonwood that was starting to fall apart and was leaning towards our home.  Had a conversation with him about it and he wasn't sure who was responsible.I notified him in writing (email) of the danger. He removed the tree. We get along well and it wasn't a big deal. He told me that he looked into it and that once I gave him a written notice that he would have responsible after some form of reasonable time. Not sure of all the details, but I wasn't too worried about it after he took the tree down. 

 
Enforcer said:
Not entirely true, at least not in my state (WA). 

My neighbor had an enormous cottonwood that was starting to fall apart and was leaning towards our home.  Had a conversation with him about it and he wasn't sure who was responsible.I notified him in writing (email) of the danger. He removed the tree. We get along well and it wasn't a big deal. He told me that he looked into it and that once I gave him a written notice that he would have responsible after some form of reasonable time. Not sure of all the details, but I wasn't too worried about it after he took the tree down. 
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Yep, we get into this later in the thread.

 
i tell you what if this guy likes vines so fn much maybe just go totally the other direction i have been watching the vietnam documentary and they had vines there so just turn your backyard in to little cambodia with flora and fauna that would most likley be found in southeast asia and here is the kicker you make sure to get you some asiatic wildcats chinese mountain cats snow leopards and a couple a tigers and you just let them roam around back there i bet that guy never once says another damned thing about his vine that is all i am saying take that to the get your rear end eaten by a clouded leopard bank brohans 

 
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we used to have this neighbor growing up named finegan and the guy was a real jagbag my dad could not stand this guy his yard looked like a salvage operation most of the time with garbage everywhere he was like a horder or whatever anyhow my old man would just take our trash out and throw it right over our fence in to his yard and i would say dad what did you just do and my old man would just get another beer from the garage fridge and say eeeeeh dont worry about it and finegan never noticed that guy was a total slobasaurus rex take that to the bank bromigos 

 
Uwe Blab said:
I can at least relate to the last question:  We had to put up our own fence along the back of our property despite the neighbors behind me already having one.  They wouldn't let us link up to it.  We get along with the couple fine and they are friendly , but the lady is extremely cheap, said they had put it a foot inside their property, and claimed they would eventually be taking it down.  :rolleyes:   Yeah, right whatever.  We now have a 18 inch across "alley" between the two fences which looks stupid and is a bit of a PITA to mantain, but I wasn't going to get into a fight over it.




3
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If that's the case I don't blame them for not wanting a neighbor to link up to it.  If they allow you to link up on to their property down the road it could get ugly legally.  

 
the moops said:
Why are there two fences back to back? That sounds dumb. One of you could have saved a bunch of money
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crazy ivan on this add a third fence and just blow this guys mind up and then bam cover the third fence with dead vines you cut down sort of like a warning to other vines swc thinking outside the box to win vine war take that to the bank brochacho

 
Someone else might own your land if they use it long enough

A little-known rule of law says that if you use someone else’s land for a long enough period of time, you can actually acquire legal title to it.

This rule is called “adverse possession.” In order to claim adverse possession, a person must use someone else’s property for a period of years. In some states, it’s just a few years, but other states require up to 20 years or more. During that time, the person’s use of the property must meet several criteria:

They must demonstrate actual possession by changing the land in some way – building a fence, cutting trees, mowing – as opposed to just walking on it.

Their use must be so open that it would be obvious to an observer that they’re using the property as their own.

They must act without the owner’s permission, to the exclusion of the owner and in a way that’s contrary to the owner’s interests.

They must use the land relatively continuously – as opposed to cutting a few trees once a year, say, and then leaving the property alone at all other times.

In a recent case, a vacant lot on a resort island on Lake Erie was owned by a real estate investment company that became defunct. For years afterward, three families whose property bordered the lot used it as their own. They cleared paths across the lot, used it to access a beach, harvested firewood there, rode bicycles and motorcycles on it, and otherwise treated it as common property.

An Ohio appeals court ruled that as a result, they could claim ownership of the lot.

This rule might seem unfair. However, its original purpose was to prevent disputes over land ownership. The idea was the no one should be allowed to upset everyone’s settled idea of who owns what by suddenly showing up with documents from 100 years ago that nobody knew about.

You can think of adverse possession as a kind of “statute of limitations” on claiming property rights.

The fact that this rule exists means that it’s important to be vigilant about asserting your property interests. Suppose you have a neighbor who builds a fence that encroaches onto your land. Or suppose you own some woods, and a neighboring family or business regularly uses part of the woods as its own. You might not want to make trouble by complaining or suing them for trespassing, but in certain cases, if you don’t act to preserve your rights, you might find that the land your neighbors are using no longer belongs to you.

 
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