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Old 05-22-2009, 07:45 PM
 
5 posts, read 146,682 times
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We are trying put a fence up, and the people behind me are not working with us.. The trees are on the boundry line - half on our and half on there property. They have called the police on us, and we are at a time we can not talk. Do anyon know the NC law on this? Our any suggestions? Please help!!!
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Old 05-22-2009, 07:51 PM
 
Location: On the plateau, TN
15,205 posts, read 10,580,760 times
Reputation: 9984
Quote:
Originally Posted by Catapano_j View Post
We are trying put a fence up, and the people behind me are not working with us.. The trees are on the boundry line - half on our and half on there property. They have called the police on us, and we are at a time we can not talk. Do anyon know the NC law on this? Our any suggestions? Please help!!!
Just go out and around the tree on your side. It's not worth getting upset over or starting a war with neighbors.....
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Old 05-22-2009, 08:19 PM
 
5 posts, read 146,682 times
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Well, it is to late for that! We are already in that stage. Now, we are just thinking of what we can do.
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Old 05-22-2009, 08:59 PM
 
Location: San Antonio, Texas
1,692 posts, read 3,418,396 times
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I take you have had a legal survey done. Next step is to assess the health and age of the tree, you will have to get real official on that as well. Not just any joe blow tree service can assess that legally. Can the tree be moved? Or if taken down can the another tree be planted nearby on the other property to replace it? Can you make the tree part of the fencing without fence damage later on? Who planted the tree? You or them or was it your prior home owners or theirs?

It might boil down to leaving the tree up and working around it. Personally I hate having trees cut down just to put up a fence. Really research you viable fencing options there are several different types you might be able to use just around the tree. it might be possible to have them pay half (for just the area around the tree) since they want to save the tree.
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Old 05-22-2009, 09:05 PM
 
Location: Out there somewhere...
39,435 posts, read 47,528,567 times
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Right now their half is their responsibility, your half is your responsibility. One cannot change anything without the permission of the owner.
There are some exceptions. When was the tree planted, who planted the tree. A lawyer would best be required to straighten the mess out. You may have eminent domain, you may not. You may have acquired rights that you are not aware of, or maybe the neighbors do instead. Has the property been surveyed to see if the boundaries are correct.
You can always fence out the tree, go around it, but then you may lose your tree rights, plus the tree roots could eventually interefere with the fence. Then if the fence is damaged by the tree's falling limbs or whatever it may be, whose going to be responsible.
Have you contacted a lawyer, county code compliance, zoning dept, or any other agency in your town, area, that can assist you. There are many free legal aide services too.
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Old 05-22-2009, 09:41 PM
 
5 posts, read 146,682 times
Reputation: 22
Yes, we had a legal survey done and we even got a second one done just to please them. The builders planted the trees through out the area in one section of the community. This all came down so late and been trying to get in touch with someone, but of course we are in holiday weekend. So, I see we will not be able to complete the task on hand till Tuesday when we speak to someone about it. That is why trying to get opinions so as soon as Tuesday morning comes I am ready. Trying to get all the numbers and we shall see. I even tried to offer to buy a new tree and pay for the planting. They are very stubborn.
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Old 05-23-2009, 03:10 AM
 
Location: Out there somewhere...
39,435 posts, read 47,528,567 times
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You sure seem to have a complicated situation here. If the builder of the subdivivision planted it on the property line, that builder may be liable. It's strange that they would not plant it on one or the others property. Is this a HOA community and the tree the responsibility of the HOA.
One important question, why is the neighbor being so stubborn and un-coperative. What is his/her argument. That's probably the first question a lawyer would ask.
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Old 05-23-2009, 05:08 AM
 
3,805 posts, read 3,152,775 times
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I sure hope it is a privacy fence, because after all this, you wont want to see those neighbors. I hope things can be fixed so you dont have ill feelings between the familys from here on out. Good luck to you.
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