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Dec 24, 2017, 03:47 PM
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Member Since: Apr 2014
Location: Home
Posts: 8,406
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Quote:
Originally Posted by Artchic528
Well, the house is the property of the Salvation Army, so it's basically bought and paid for to house the current general of the organization or some arrangement like that. The previous occupant, the previous general or what have you, had the fence built to let his dogs out and get fresh air in the yard.
Thing is, he built the back end of the fence a bit closer to his house than where the property line lies, so his dead tree sits on our side of the fence. Granted, we have a portion of his property on our side giving us a bigger back yard, but the dead tree is his to remove.
When mom still lived here she suggested we split the expense of having it removed, but Dad wouldn't have it. It's on the neighbor's property, thus it's his responsibility to take down.
The tree in question was about 50 feet tall, but like I said previously, the top broke off last night so it's more like 40 feet tall now.
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And the Salvation Army was okay with you putting a fence on their property? I think you've muddied the waters here by putting a fence on his property. I can't imagine any property owner who wouldn't have a problem with that. You know he could demolish your fence and not have to give any kind of restitution to you for it because it's on his property? I would be pretty pissed if someone put a fence on my property, regardless of where I decided to put my fence on my property. I mean, just because I put my fence closer to my house does not then give my backside neighbor the right to put their fence on my property.
I could potentially see a judge saying that because you put your fence around it, that makes it yours...
But, like I said, property lines usually rule the day here. Just go get a copy of the property records and show him that it is indeed his responsibility. Or just wait for it to fall on his house and when his insurance tries to come after you, they won't because they'll look at the property lines and realize it's on his property.
It is a problem that you put a fence around it. How are they supposed to get to it to cut it down if it's inside your fence?
Seesaw
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Primary Dx: C-PTSD and Severe Chronic Treatment Resistant Major Depressive Disorder
Secondary Dx: Generalized Anxiety Disorder with mild Agoraphobia.
Meds I've tried: Prozac, Zoloft, Celexa, Effexor, Remeron, Elavil, Wellbutrin, Risperidone, Abilify, Prazosin, Paxil, Trazadone, Tramadol, Topomax, Xanax, Propranolol, Valium, Visteril, Vraylar, Selinor, Clonopin, Ambien
Treatments I've done: CBT, DBT, Transcranial Magnetic Stimulation (TMS), Talk therapy, psychotherapy, exercise, diet, sleeping more, sleeping less...
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