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Hello, I live in Nesconset NY, town of Smithtown. I'm trying to resolve an issue with a neighbor.
Recently a person bought the house next to mine, that was not lived in the last 16 years. The
original owner had put up a wood privacy fence on their property, appoximately 6 inches from the
property line. At that time we had put up a fence that continued from hers in the same style, around the rest of our property.
Also there was a small tree on her side that over the years grew and ended up pressing against the
fence and bowing it out at the bottom of the fence.
The new owner replaced the wood privacy with a vinyl one. Her mother did inform me that she was doing that a week prior to them doing it. At the time i showed her where the marker was for the property line and informed her the fence was completely on their property.
Now the tree that once was on their side of the fence is on my side of the fence, along with all the vines hanging from the tree. They boxed the fence around the tree. They also left the wood that they used to cover where their dogs would get through to my yard. I had called and knocked on her door to try and discuss why they did that and maybe clean up what they left on my side. She will not answer her door to me or take my call.
I do not want the tree on my side. It doesn't look healthy, and has large vines hanging from it.
My questions are, if anybody knows;
What is my recourse? Can I make her change where the fence lies?
Who is responsible for that tree? How can I get her to clean up the vines and wood that is on my side
now? This still is all her property but on my side of the fence.
Thank you in advance for any help anybody can give me.
Its still her tree, so its not your problem unless it falls down on your side. A fence does not change the property survey lines. You are responsible for cleaning any mess the tree makes on your side, even if the fence was on the proper side.
A few months ago, a tree on my property fell onto the neighbors house causing minor damage. Neighbor never even contacted me, and they took care of everything, because thats the rule. I would've chipped in if they asked just out of courtesy, but they didnt even bother.
The fence is 100% on her property. There is no 'your' side of the fence.
Put up your own fence on your own property, and feel free to box around the tree like your neighbors did. Problem solved, you don't have to look at the tree and leftover wood either.
This was a post I was looking forward to seeing your reply.
I'm a little disappointed. I expected more.
That's just the lead in. A neighbor vs fence vs trees thread will easily be 5 pages, probably more.
Somewhere it will get derailed and be all about property taxes, corruption, and cops and teachers.
Its still her tree, so its not your problem unless it falls down on your side. A fence does not change the property survey lines. You are responsible for cleaning any mess the tree makes on your side, even if the fence was on the proper side.
A few months ago, a tree on my property fell onto the neighbors house causing minor damage. Neighbor never even contacted me, and they took care of everything, because thats the rule. I would've chipped in if they asked just out of courtesy, but they didnt even bother.
Yup. OP, if the tree is bothering you, have it trimmed back where it is overhanging your property. Accidents with trees are considered an "act of God" and as such you are on your own if that tree falls on your house - maybe talk to the neighbor and see about going in halfsies to get rid of it altogether.
As far as the wood on your property - I just had a conversation at work today with a (very young) co-worker about people who just get stuck on "who's job it is" - and they can't/don't/won't get anything done in their life because they don't just want to get the job done themselves. The wood is bugging you? Get rid of it. Yeah, it's not your job but you want it gone so make it gone. When we bought our first house the people left behind some crap in the basement. In the time it would take me to call our attorney and make a stink about it we were able to bring it to the dump and put it behind us. Homeownership can be sucky, welcome to the real world. Generally the good outweighs the bad.
You could have a neighbor like me who refuses to put up a fence because I know I will not get a dime from you and I'll be damned if you get any benefit from my hard earned money, knowing full well that should I put up a new fence you will waste no time tearing down what is left of that rickety ghetto stockade fence that looks like it was put up with the house in 1951.
Sorry but no.
I agree. Most homeowners want as much of the backyard as possible, but that said if I only wanted to fence in 1/3 of my yard, that is my right. It does not, however, absolve me from maintaining the entirety of my property.
I'd write a demand letter, telling them to redo the fence around their tree and clean up their mess, or you will take them to court and sue them for what it costs if you have to do it. Mail it return receipt requested, and save a copy. It might work.
Make sure to take before and after pics.
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