Attorney and\or Realtor Question (Charleston: real estate, how much, lawyer)

[cape_fisherman]

We have a tree on the property line. I put up a No Trespassing sign on our side of the tree. Neighbor doesn't like it and asked that I remove sign since tree is on the property line.

I can't find anything about the legalities as it pertains to SC/Charleston County law (this is in the county).

Do I have to take the sign down?

(Sign is up partly because of the neighbor in question.)

[Neultra]

The legal answer is that you and your neighbor both own this tree as common property and neither of you should do anything to the tree without the other's consent. What you are describing is a "boundary tree." Generally speaking trees belong to whichever lot the trunk is on, but when a trunk is on the property line the entire tree is owned by both property owners. There is not a "your side" and "their side." You both have equal ownership of the entire tree.

The practical answer her is that you need to address whatever the larger problem is with your neighbor so that you aren't having stupid fights over no trespassing signs.

P.S. - I am a real estate lawyer. I am not your lawyer and this post is entirely general in nature. I have no idea what your specific situation is, if the tree is actually on the line, if a local law is on the books that overrides the general rule, etc.....

[cape_fisherman]

No worries...she took the sign down during the night. LoL

The "larger problem" is that she is a loon. Yells at us for looking in her direction (our driveways are side-by-side...sort of difficult not to look that way), yells at us if we speak or say hello to service people in her drive (did I mention our driveways border one another...we're friendly, we say hi to folks), and has yelled at my wife saying that I moved the property line closer to her (not sure how one goes about moving an invisible property line, but apparently I did it).

We are also having an issue with smaller trees in our yard being clipped/trimmed while we are away. One is a waist high pomegranate in the back yard which has clean cuts all over it. The other is an 8 foot plum that not only has had side limbs cut, but the main runner growing straight up...essentially the trunk. Again, clean cuts obviously made with clippers.

Yeah...thats the larger problem...and thanks for your insight. It does help. The sign will go at the base of the tree.

[thaifood]

I recommend baking bread and taking it to all of your neighbors once a month. I started doing this and it opened so many doors to my friendly neighbors that I can't recommend it enough.

Calling neighbors names does nothing but polarize you and your mind further away from them. Some people have mental issues and need help. it's much more enjoyable to unite with neighbors then to polarize with them. I've been invited and gone to cocktail parties and family functions with neighbors I haven't spoken to in years by just simply baking bread and giving it away. You never know what goes on behind your neighbor's walls until you reach out and show a little more tolerance.

I'm working on a gluten-free bread now for some specific neighbors that have children with gluten intolerance. Keep adding value to other people's lives and soon they will realize how much value you actually have.

Life is good

[Rocky21]

Originally Posted by thaifood

I recommend baking bread and taking it to all of your neighbors once a month. I started doing this and it opened so many doors to my friendly neighbors

Life is good

Now you're making me feel bad because my first instinct in these situations is to call the fence guy. LOL
Not sure what that says about me. I love your solution, I'm just not sure I have it in me.

[thaifood]

There is nothing noble in being superior to your fellow man; true nobility is being superior to your former self.

Be all that you can be!