question on property rights - Striper Talk Striped Bass Fishing, Surfcasting, Boating

BrianS · 09-25-2005, 12:23 PM

I am not entirely sure where my backyard ends and the neighbors begins. There is an old wire fence and a row of trees.

The neighbors in the back cut down several of the trees last summer, it annoyed the hell out of us but they appeared to be on "their side of the fence" even though the fence was nailed to them, we didnt question it.

They left about 4 foot stumps up because of the fence.. it basically looks like crap and the fence is falling down at 2 spots twords our yard.

Update, this week they put up a 6' stockade fence on the inside of the wire fence, basically so they didnt have to see the stumps and wire.

So my question is this - what are my rights?

If I ask them to do something about the wire fence, and they dont, do I have legal rights? Like can I toss the portions that are falling into my yard back into their yard?

I dont think this will happen because the wire fence surrounds their yard but if I find out the fence is in my property (and technically the tree's) can I sue them for chopping down the tree's?

Honestly, it may not even be a problem, this is a 60ish couple, and Ive never actually said more than "hi" to them. It may be a non issue and they will be happy to clean up their mess, but I dont think its fair for their crap to be in my yard.

capesams · 09-25-2005, 12:45 PM

got a plot plan of your property? if not the first thing I'd do is call in the surveyer's and get it done...or go to the town hall and see what and if anything is on record...Know what you own,,don't guess.

any tree's/ branche's over hanging onto your property from someone else's property can be cut . but Only to your line and no further.

BrianS · 09-25-2005, 01:03 PM

good idea.. never had that done.. there are fences surrounding my yard... only 1 is mine i think...

be good to know regardless

piemma · 09-25-2005, 01:08 PM

Capesam is absolutely correct. Even if you can resolve the issue with the old couple, get the survey done. No excuse for not knowing what you own. You also must have a deed with a property description. This description should list the boundries and the compass directions or coordinates of your property lines.

TheSpecialist · 09-25-2005, 04:18 PM

I am pretty sure if the trees are yours you can sue them for cutting the whole tree down.

Redsoxticket · 09-25-2005, 04:40 PM

Talk to your neighbor before hiring a surveyor because they may have done so already. Be nice.