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Old 10-21-2017, 05:52 PM
 
Location: Aliso Viejo, CA
392 posts, read 1,093,229 times
Reputation: 619

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Hello to all !

A mess of kitsch is exactly what it is. A hodgepodge mix of reflectors and spinning flower-shaped pinwheels elevated on poles, ceramic animals, gnomes, clay pots turned over on their sides, flowering plants - unless it has changed since the last time I was there in June - I am still waiting on pix from my dad.

I don't think the tree is as tall as their single-story house - but it might be close. It's decent sized for sure. I'm trying to think of the scale to describe it. If I remember correctly, it looks something like this - but not nearly this big.

Washingtonia Palm

If we can fence up to / around the trunk of it, that might work. I don't think new owners of my parents' house would care if the fronds were hanging over the yard but who knows. It would be great if it could be moved even if it was at our expense if it wouldn't hurt the tree.

I'll post the pix as soon as my dad gets them - looking forward to the survey results and seeing where the line is in relation to the tree trunk and the fence of spray-painted boards in the front yard. It would be really great if the art objects were all on our side of the line - then there would be no issue at all ! Right now I'm thinking we really need to get those out of there before listing - one way or another.


I am making another post in this forum asking about things that absolutely must be done to prep a 50 year old house for listing - sort of the must do, nice to do, wouldn't waste time doing type of thing - if any of you see it and have advice for us on this it would be great !
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Old 10-21-2017, 06:06 PM
 
28,115 posts, read 63,680,034 times
Reputation: 23268
To me a slightly eccentric retired person who likes kitsch would be of little concern... might even make the neighborhood more colorful...

Now gang bangers, drug dealers, police calls all the time with domestic disturbances or attack dogs that never let up are all much higher on my list of negatives... and yes, I have bought homes in neighborhoods with all of the above and all have worked all better than I could have imagined.
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Old 10-22-2017, 01:59 PM
 
Location: Raleigh
13,713 posts, read 12,439,565 times
Reputation: 20227
Quote:
Originally Posted by twingles View Post
I agree. Talk about over thinking things. Who's going to tell them you moved some garden gnomes? By the time that argument even became an issue the property hopefully would be sold.

But I tend to operate under "It's better to ask forgiveness than permission".
Right...and what’s the worst that could happen?what would the neighbors claim their damages were for moving the pots and gnomes?
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Old 10-22-2017, 02:15 PM
 
Location: Aliso Viejo, CA
392 posts, read 1,093,229 times
Reputation: 619
Right? They might not even return the whole time the house is listed (once we get it finished and ready).

I like the idea of finding the line on the survey, taking pictures to show the intrusion - I am sure they will be over the line - and then moving the stuff carefully to a safe area.

Especially because they know my parents are no longer living there - who's to say we were the ones that moved them. Although I would not like it if they did the same thing to us in reverse. And then if/when we plant the shrubs or put up the low fence or whatever, they would probably guess it was us.
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Old 10-22-2017, 10:06 PM
 
Location: Minnesota
2,609 posts, read 2,190,478 times
Reputation: 5026
Maybe the neighbors grandkids made the display for them and they don't have the heart to take in down, you don't know the reason for the odd display. If you do move the items to their backyard for safety maybe purchase a nice plastic tote with a lid to store them in so they are safe when you move them to their backyard. Maybe add a gift card to the box for dinner out at a local restaurant and a note your sorry you had to disturb the display but you didn't want to accidentally break something while installing new fence.

One of my parents neighbors have a odd display in their yard, in a otherwise normal landscaped yard. A fiberglass rock looking electric powered water fall, runs half the day, dozens of led color changing garden spikes, hummingbird, dragon flies etc. Funny sayings on little sign posts, fake silk flowers in cheap Mexican clay pots. A very colorfully painted falling apart antique looking lawn chair with a pot of fake flowers. They are otherwise normal people, no one can figure it out. Maybe they just think it lives up the neighborhood. We have stopped trying to figure it out.

Last edited by Izzie1213; 10-22-2017 at 10:23 PM..
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Old 10-22-2017, 10:45 PM
 
Location: San Francisco Bay Area
7,709 posts, read 5,458,616 times
Reputation: 16244
Quote:
Originally Posted by Freebird View Post
What to say (nicely and kindly) to neighbors to convince them to move their palm tree and move their menagerie of items - the tree and the items that are extending into my parents' property ?
I'll focus on just the tree, since I have a mature Canary Island Date Palm on my property, albeit totally legally and fully enclosed within my fully fenced backyard. Everyone who has seen it loves it and comments on it; however, I have had it professionally trimmed over the years and it is beautiful.

Trimming (removing palm fronds and the fruit pods) alone tends to cost between $800 and $1,000, and at the size my tree is now, and being located in a backyard that is not on a corner (thus, has no access to it by crane), I doubt I would ever remove the tree, unless it were to die. As it is, it adds value to my property. It is visually stunning, shades the hot, sunny backyard, and if it were not in such a difficult place to access, I could have sold it for a great deal of money when they were landscaping some areas of the SF Bay Area with mature palm trees.

In your case, regarding the palm tree alone, if it is a fully mature (i.e. HUGE) palm tree, and you have not done anything about it or the property line issue until now, I don't see how you could force the issue of them removing the tree. At best, they might share the cost of removal, but certainly they should not have to bear the burden of the entire tree removal, if you let the property line issue go for so long.

How large is the tree? What variety is it? Could it be professionally moved to another location fully within their property line if they want to keep the tree? Or do they agree to your paying to remove the tree?

I think you may have to bear the cost, since you or your parents have "sat on" your rights, if I understand the situation correctly.

Last edited by SFBayBoomer; 10-22-2017 at 11:25 PM..
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Old 10-22-2017, 11:17 PM
 
Location: San Francisco Bay Area
7,709 posts, read 5,458,616 times
Reputation: 16244
Quote:
Originally Posted by dblackga View Post
I think you're making this more complicated than it is.

3. Fence in backyard. See #1 above. :-) Assuming the tree IS on the line as you surmise:

a. Personally, I'd hate to chop down a tree, especially if it is an attractive tree that would be considered an asset to the landscaping. You could bring the fence line to the tree, stop it, and then continue it on the other side of the tree.
I agree that it's not good to chop down trees indiscriminately, and I agree also that the "tree in a fence" picture you posted looks nice; however, the tree variety matters. Your photo was not of a palm tree.

Quote:
Originally Posted by dblackga View Post
b. Cut your side of the tree down and install the fence. Keep in mind that this will probably kill the tree, which means the neighbors are going to have to get rid of it anyway.

c. Explain "3.b", above, to your neighbors, and offer to split the cost of removing the tree.

Problem solved.
No way this would be right, fair or helpful to the neighbor or to the neighborhood in general.

Most California cities have tree ordinances that are tied into the circumference of the tree. A mature tree would fall into the "leave it alone" category, unless it's one of those spindly, skinny palm varieties that has a small circumference.

One does not have the right to cut into the trunk of a neighbor's tree, just to trim the overhanging branches, and even that would be cruel on a mature palm tree, which more than all other tree varieties depends upon the upper crown of the tree.

Last edited by SFBayBoomer; 10-22-2017 at 11:25 PM..
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Old 10-24-2017, 01:10 PM
 
Location: Aliso Viejo, CA
392 posts, read 1,093,229 times
Reputation: 619
Quote:
Originally Posted by Izzie1213 View Post
Maybe the neighbors grandkids made the display for them and they don't have the heart to take in down, you don't know the reason for the odd display. If you do move the items to their backyard for safety maybe purchase a nice plastic tote with a lid to store them in so they are safe when you move them to their backyard. Maybe add a gift card to the box for dinner out at a local restaurant and a note your sorry you had to disturb the display but you didn't want to accidentally break something while installing new fence.

One of my parents neighbors have a odd display in their yard, in a otherwise normal landscaped yard. A fiberglass rock looking electric powered water fall, runs half the day, dozens of led color changing garden spikes, hummingbird, dragon flies etc. Funny sayings on little sign posts, fake silk flowers in cheap Mexican clay pots. A very colorfully painted falling apart antique looking lawn chair with a pot of fake flowers. They are otherwise normal people, no one can figure it out. Maybe they just think it lives up the neighborhood. We have stopped trying to figure it out.

I was visiting my parents (staying with them) on the day that the display went up. I was cutting trees/shrubs in the front yard and the neighbor lady came over and nicely asked "do you think your dad would mind if I put a plant in that triangle shaped area out by the street" (which was a patch of dirt at the time).

I was picturing a sago palm or something else - in retrospect I should've said I don't know, let's ask him - but I said "no I don't think he would mind !" I really didn't - because that patch had bothered him for awhile because the dirt washed out in the street when it rained.

The next thing we knew, she was bringing in her gnomes and rabbits and pinwheels and putting them in the spot. There are some crotons planted there too - now dead. And some rocks- and some birds. And THEN she erected that 6-8" high board down the length of the driveway and spray painted it with that black circular swirling pattern and then put more "yard art" on the other side of it, all the way down.

It sounds like your parent's neighbor's yard. I walk through the garden section at Home Depot and see things like this and always think of my parents' neighbor and wonder what she will pick up next to put in those areas.

As far as the fence goes - our real estate agent said he wouldn't fence it at all - that takes care of the problem with the palm tree being on the fence line. It is a beautiful tree - I would not want to destroy it. My parents last night said it has been there since the ex-neighbors (the people who lived there before this couple) lived there - it started as a volunteer, very small tree, and grew to this extent over so many years.

Our agent said better to let a buyer choose their own fencing - I mentioned in another thread that I was / am concerned about buyers with children and/or pets who might want an enclosed yard. He said the lack of a fence would not impact a sale. I guess worst case we could give them a fencing credit at closing if it came down to that. But if we put in chain link for consistency with the other two sides of the yard (and the gates leading from front to back yard), the buyers might rip that out anyway.

It looks like a trip to Florida is in my immediate future (less than a week) and I will post some pictures after I get there and see what's up - since my dad hasn't gone back to the house yet !

Last edited by Freebird; 10-24-2017 at 02:07 PM..
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Old 10-24-2017, 01:51 PM
 
Location: Finally the house is done and we are in Port St. Lucie!
3,487 posts, read 3,338,908 times
Reputation: 9913
Quote:
Originally Posted by Freebird View Post
I was visiting my parents (staying with them) on the day that the display went up. I was cutting trees/shrubs in the front yard and the neighbor lady came over and nicely asked "do you think your dad would mind if I put a plant in that triangle shaped area out by the street" (which was a patch of dirt at the time).

I was picturing a sago palm or something else - in retrospect I should've said I don't know, let's ask him - but I said "no I don't think he would mind !" because that patch had bothered him for awhile because the dirt washed out in the street when it rained).

The next thing we knew, she was bringing in her gnomes and rabbits and pinwheels and putting them in the spot. There are some crotons planted there too - now dead. And some rocks- and some birds. And THEN she erected that 6-8" high board down the length of the driveway and spray painted it with that black circular swirling pattern and then put more "yard art" on the other side of it, all the way down.

It sounds like your parent's neighbor's yard. I walk through the garden section at Home Depot and see things like this and always think of my parents' neighbor and wonder what she will pick up next to put in those areas.

As far as the fence goes - our real estate agent said he wouldn't fence it at all - that takes care of the problem with the palm tree being on the fence line. It is a beautiful tree - I would not want to destroy it. My parents last night said it has been there since the ex-neighbors (the people who lived there before this couple) lived there - it started as a volunteer, very small tree, and grew to this extent over so many years.

Our agent said better to let a buyer choose their own fencing - I mentioned in another thread that I was / am concerned about buyers with children and/or pets who might want an enclosed yard. He said the lack of a fence would not impact a sale. I guess worst case we could give them a fencing credit at closing if it came down to that. But if we put in chain link for consistency with the other two sides of the yard (and the gates leading from front to back yard), the buyers might rip that out anyway.

It looks like a trip to Florida is in my immediate future (less than a week) and I will post some pictures after I get there and see what's up - since my dad hasn't gone back to the house yet !
I wouldn't volunteer a credit for anything. Maybe if they ask ? Definitely do not put it out there in the beginning of negotiations.

Try not to over think this. I know, easier said than done
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Old 10-24-2017, 03:10 PM
 
Location: Aliso Viejo, CA
392 posts, read 1,093,229 times
Reputation: 619
Yes yes - absolutely not offering a fence credit up front !

There is nothing at all for sale in my parents' area right now except for one foreclosure that is trashed (according to our agent). We are hoping for more than one offer if we price it right and make it super clean inside with everything working, no repairs needed, exposing original hardwood and tile - I'll stop there to avoid overlapping into my other thread on this house sale.

The curb appeal thing is huge though -no matter how nice I can make it inside, if it looks crummy from the front then people aren't going to want to see the inside ! Here's hoping once we get the survey and know the exact property line, we can reason with the neighbor (who is almost never there to enjoy all of the things she laid out -the things that were supposed to be "a plant" in an isolated area out by the street !)
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