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Old 05-13-2009, 03:20 PM
 
Location: Cary
237 posts, read 983,424 times
Reputation: 376

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Quote:
So, here's my problem. We have a privacy fence between our backyards. He has a Mulberry tree that is leaning onto our fence. It puts pressure on the fence and some of the planks are loose. Our 6 month old Fox Terrier figured it out and evidently squeezed through into his yard. We have to repair the fence, but part of his tree has to come down so it doesn't completely destroy the fence.
First, you are to be applauded for your restraint and composure.
Second, if the neighbor's tree has caused damage to your fence, politely inform him and ask that he address the issue. In almost every jurisdiction, there is an imaginary plane that extends along the border of your property from the ground into the air (some areas name this height limit and specify a number)
Any encroachment of a tree trunk (or branch of a tree) that breaks this plane belongs to you; and you may do to it as you wish. (Our experience comes from advising municipalities, homeowner's, and insurance companies for tree removals and fence construction conflicts.) Some severe pruning or limbing may be detrimental to the health of the tree. Consultation from an experienced tree surgeon or certified arborist may be desirable if the owner wishes to save the tree.
Once the encroachment issue is resolved it will be much easier to affect repairs to the fence to allow proper containment of your dog. There are some folks that you just cannot reason with to an amicable result.
Hope this info is helpful in your resolution of this conflict.

 
Old 05-13-2009, 04:22 PM
 
Location: Cary, NC
696 posts, read 3,603,389 times
Reputation: 1035
Calling the police seems a little out of line but the fact is your dog was not properly contained. If you know that the fence won't contain your dog (for whatever reason) and you continue to let the dog outside, then this is your problem and not anyone else's. You should definitely try to talk to your neighbor about removing the tree and getting the fence fixed, but I think the burden is on you since it's your dog that is getting out. Good luck!
 
Old 05-13-2009, 04:26 PM
 
228 posts, read 667,861 times
Reputation: 99
Totally sympathize with the OP. I do not have advice but a sympathetic story. We moved into our condo in 1997. Several families came through, eventually a young black woman and her dog. The dog was a very hyperactive large dog that she would leave in a crate for 12 or more hours a day. The dog would howl and bark literally all day long, and all night long. We always knew when she went over to her boyfriends because the dog would bark literally for 24 hours straight. We talked to her many many times. She did nothing. We checked out the laws in our area, we had no recourse except a noise violation. Sadly my wife and the boyfriend were co-workers, and she didn't want to escalate based on it being a small field. So we sucked it up, for a full year. We thought she would move out to live with her boyfriend. Oh no, boyfriend moved in, and they had a kid. We miraculously sold the unit to a person who never bothered to visit it first (she was moving from China). We felt bad but not too bad. We thank God every day we got out of that situation. If we had to stay in that area, we would have definitely moved, even if it was down the block. Not being able to sleep more than an hour at a time every single week was driving us crazy. And the poor innocent dog! We felt so sorry for it that it was stuck in a prison for days at a time.
 
Old 05-13-2009, 04:31 PM
 
Location: Wake Forest, NC
94 posts, read 217,019 times
Reputation: 85
Quote:
Originally Posted by dedratermi View Post
Calling the police seems a little out of line but the fact is your dog was not properly contained. If you know that the fence won't contain your dog (for whatever reason) and you continue to let the dog outside, then this is your problem and not anyone else's. You should definitely try to talk to your neighbor about removing the tree and getting the fence fixed, but I think the burden is on you since it's your dog that is getting out. Good luck!

Agree here. I sure would like to hear both sides of the story here before calling anyone a jerk.
 
Old 05-13-2009, 06:00 PM
 
446 posts, read 1,234,196 times
Reputation: 434
You can't make your neighbor be cool or nice....maybe he's just a miserable jerk. Did you ever have a good relationship with him, or did this just spring up?
 
Old 05-13-2009, 06:12 PM
 
7,618 posts, read 12,485,344 times
Reputation: 9392
We had a neighbor that shot our dog with a BB for crossing into his yard because his invisible fence collar battery has gone dead without us realizing it.

I would "feed" the tree weed killer every day until it dies....
 
Old 05-13-2009, 07:26 PM
 
15,732 posts, read 16,771,554 times
Reputation: 12722
Quote:
Originally Posted by dedratermi View Post
Calling the police seems a little out of line but the fact is your dog was not properly contained. If you know that the fence won't contain your dog (for whatever reason) and you continue to let the dog outside, then this is your problem and not anyone else's. You should definitely try to talk to your neighbor about removing the tree and getting the fence fixed, but I think the burden is on you since it's your dog that is getting out. Good luck!

I agree with this statement as well.

Also, while it may seem extreme, the police dept. may actually be animal control in Garner.

I know here in Holly Springs and other surrounding towns the police dept. employ animal control officers and when you call animal control it is the police department that fields those calls.

From the Garner Town website:

Town of Garner, NC - Directory of Town Services - "A"

"Animal Control:
For general questions, call the Garner Police Department at 772-8810 or contact Garner's Animal Control Officer at 662-5058. For questions about dog licenses, call the Finance Department at 772-4688. To report a loose or barking dog or other type of animal nuisance, call 911."
 
Old 05-13-2009, 07:32 PM
 
Location: Wake Forest
2,805 posts, read 6,345,869 times
Reputation: 1925
Quote:
Originally Posted by PDXmom View Post
I get your life is too short reasoning. But really? Why should the OP uproot her family because her neighbor is a jerk? Not to mention the expense and PAIN of selling and moving. Selling is not so easy these days.
Pain is the key word. If its painful to live near a 'Jerk' than move. If that means the Jerk wins so be it. Peace of mind and heart is more important to some. Sure its not easy to sell a house today but they eventually sell.

But it was just an opinion that I did not see mentioned in the thread. There are always options when dealing with a slightly off the normal HOA payee than to just live with it.
 
Old 05-13-2009, 08:42 PM
 
Location: Durham, NC
1,094 posts, read 2,134,554 times
Reputation: 691
I would "feed" the tree weed killer every day until it dies....

I don't agree with this, but I find it a funny statement. I'm sure a resolution can be found without the tree being killed.
 
Old 05-13-2009, 08:46 PM
 
3,651 posts, read 7,985,470 times
Reputation: 2740
Quote:
Originally Posted by GarnerMama View Post
My neighbor called the police this morning because my dog got out of our fence and into his yard. He said that he destroyed his garden. I checked it out and his garden is fine. I even took pictures just in case. He isn't exactly a dog lover. Last year another neighbor had a problem with him...their dog got loose and was roaming around, not getting into trouble...just waiting for his owner to get home. He called the police on them too.
That is extreme and pretty stupid.....

Quote:
He has a Mulberry tree that is leaning onto our fence. It puts pressure on the fence and some of the planks are loose. Our 6 month old Fox Terrier figured it out and evidently squeezed through into his yard.
People have mentioned HOAs but you didn't say there was one in your neighborhood-? But anyway, I would (in a polite way which he may or may not deserve) simply state as much and at that point bring up the tree issue.

Quote:
We have been very neighborly to him
You mean by pretending he doesn't exist? Don't get me wrong, maybe he asked for it, but as a few others said, I'd like to hear both sides of this story.

Quote:
I don't know what the laws are regarding fences and trees and neighbors, and such.
Contact the local/state gov'ts on this; they should be able to guide you.
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