Hey gang -- a question. I have a neighbor who is clearing out a bunch of
trees. Depending on which trees he decides to pull out, this could have a
substantial affect on my property both in terms of drainage/erosion as well
as wind breaks.

I know there are typically laws/ordinances about doing these types of things
so I wanted to see if anyone had any tips on what to look and where to look.
Naturally, I'm going to talk to him about it before I go the legal route but
I need to have my p's and q's together with this guy -- he's a tough
neighbor to deal with on just about anything.

Suggestions?

James

Before talking to him, go to your city, county, or other local governing body
and ask to see tree cutting & land clearing regulations/ordinances. You need
ammunition in the gun before pulling the trigger, so to speak.
Your neighbor may have every right to do what he is doing, or may not. If he
has already taken out trees that violates local regulations/ordinances, he may
have to replace what was removed.

Tom J

"JNJ" wrote in message
...
Hey gang -- a question. I have a neighbor who is clearing out a bunch of
trees. Depending on which trees he decides to pull out, this could have a
substantial affect on my property both in terms of drainage/erosion as well
as wind breaks.

I know there are typically laws/ordinances about doing these types of things
so I wanted to see if anyone had any tips on what to look and where to look.
Naturally, I'm going to talk to him about it before I go the legal route but
I need to have my p's and q's together with this guy -- he's a tough
neighbor to deal with on just about anything.

Suggestions?

James

In article , "Tom J"
wrote:

Before talking to him, go to your city, county, or other local governing body
and ask to see tree cutting & land clearing regulations/ordinances. You need
ammunition in the gun before pulling the trigger, so to speak.
Your neighbor may have every right to do what he is doing, or may not. If he
has already taken out trees that violates local regulations/ordinances, he may
have to replace what was removed.

Tom J

"JNJ" wrote in message
...
Hey gang -- a question. I have a neighbor who is clearing out a bunch of
trees. Depending on which trees he decides to pull out, this could have a
substantial affect on my property both in terms of drainage/erosion as well
as wind breaks.

I know there are typically laws/ordinances about doing these types of things
so I wanted to see if anyone had any tips on what to look and where to look.
Naturally, I'm going to talk to him about it before I go the legal route but
I need to have my p's and q's together with this guy -- he's a tough
neighbor to deal with on just about anything.

Suggestions?

James



I think Tom offers good advice, as you should know specifically what your
"legal" rights might be in the matter. But by & large, there are not apt
to be ordinances that permit you to stop someone from taking trees off
their own property. The best thing would be if you could talk to the guy
in a totally friendly way & ask if he would permit you to have some input
into what is removed & what remains, for reasons of erosion, windbreak, &
beauty in the neighborhood. If he's a good egg he'll let you help in the
decision making. If he seems reluctant you could get SLIGHTLY tougher
about it, perhaps suggesting that it would awful if a year or two years
down the line predictable erosion damage forced a legal suit that could
end up driving a wedge between otherwise friendly neighbors. If he's dead
set against you sticking your nose into decisiosn about his property, then
write a polite letter (so that everything is in writing) noting what trees
you hope he decides to leave, because they are protecting your property
from erosion & to remove them would have a predictable adverse affect on
both properties. That way, if it does end up in court with you trying to
get damages after the erosion, or stop a clear-cut before it happens,
there'll be no way he can argue that it was unpredictable or that he
didn't know there could be an adverse effect. Obviously it's going to work
out much better for everyone if without threats or illwill you can agree
what is best for both properties before anything's taken down. Healthy
beautiful trees on a property with landscaping beauty increases property
value; he harms even himself if he takes away something that is impossible
or expensive to replace.

-paghat the ratgirl

--
"Of what are you afraid, my child?" inquired the kindly teacher.
"Oh, sir! The flowers, they are wild," replied the timid creature.
-from Peter Newell's "Wild Flowers"
See the Garden of Paghat the Ratgirl: http://www.paghat.com/

On Sun, 9 Nov 2003 14:30:50 -0500, "JNJ" wrote:

Hey gang -- a question. I have a neighbor who is clearing out a bunch of
trees. Depending on which trees he decides to pull out, this could have a
substantial affect on my property both in terms of drainage/erosion as well
as wind breaks.

I know there are typically laws/ordinances about doing these types of things
so I wanted to see if anyone had any tips on what to look and where to look.
Naturally, I'm going to talk to him about it before I go the legal route but
I need to have my p's and q's together with this guy -- he's a tough
neighbor to deal with on just about anything.

Suggestions?

James


I would be surprised if there exists a law to prevent him from cutting
down a few trees. He should be responsible to control erosion, but
that is easily fixed by growing grass.

Generally speaking, any act that negatively affects the value of your
property is potentially illegal or at the very least open to civil
litigation. This might include things you wouldn't necessarily think of
immediately, such as increased run-off of storm water into your lot, or
changes in protected ecosystems such as wetlands or riparian zones.

Depending upon where you live and how enviormentally aware your local
government is, the clearing of trees above a certain girth on private
residential land may require a permit process or review. You should
investigate and make sure your neighbor is conforming to the letter of the
law. If you tell us the city or county, I'm sure we can find the pertinent
info.

You're wise to try to strike up a dialogue with the goal of reaching a
mutually agreable course of action.

Dave

"JNJ" wrote in message
...
Hey gang -- a question. I have a neighbor who is clearing out a bunch of
trees. Depending on which trees he decides to pull out, this could have a
substantial affect on my property both in terms of drainage/erosion as
well
as wind breaks.

I know there are typically laws/ordinances about doing these types of
things
so I wanted to see if anyone had any tips on what to look and where to
look.
Naturally, I'm going to talk to him about it before I go the legal route
but
I need to have my p's and q's together with this guy -- he's a tough
neighbor to deal with on just about anything.

Suggestions?

James

"JNJ" wrote in message ...
Hey gang -- a question. I have a neighbor who is clearing out a bunch of
trees. Depending on which trees he decides to pull out, this could have a
substantial affect on my property both in terms of drainage/erosion as well
as wind breaks.

I know there are typically laws/ordinances about doing these types of things
so I wanted to see if anyone had any tips on what to look and where to look.
Naturally, I'm going to talk to him about it before I go the legal route but
I need to have my p's and q's together with this guy -- he's a tough
neighbor to deal with on just about anything.

Suggestions?

James

grow your own trees

"JNJ" wrote in message
...
Hey gang -- a question. I have a neighbor who is clearing out a bunch of
trees. Depending on which trees he decides to pull out, this could have a
substantial affect on my property both in terms of drainage/erosion as
well
as wind breaks.

I know there are typically laws/ordinances about doing these types of
things
so I wanted to see if anyone had any tips on what to look and where to
look.
Naturally, I'm going to talk to him about it before I go the legal route
but
I need to have my p's and q's together with this guy -- he's a tough
neighbor to deal with on just about anything.

Suggestions?

James

Other comments you have received appear appropos, but don't discount how the
removal of trees and/or associated disturbance of soil and topography may
affect drainage. In most municipalities, adversely impacting drainage or
altering drainage so that runoff transverses someone else's property is a
serious no-no. If land is flat and drainage is not a concern, proceed with
whatever course of action you feel appropriate - if not, check with whatever
city officials oversee those issues first.

pam - gardengal

Although what you can or can't dop is up to individual city county
state laws, ordinances, here were I am from I do anything i darn well
desire with anything on my propery no matter what my neighbor thinks.

He may be able to cut overhanging limbs from "my" trees, but only I if
I choose can cut "MY" trees without any permision from anyone. I guess
having the "permission" to do this is all about living in a non-nazi
type state unlike Kalifornia and some others.

I wonder why he a tough cookie to deal with......perhaps its from
having folks that don't pay his mortgage payments and such try and
tell him what he can and can't or should not do on his own property.

Plant your own trees and have total control and not have such
problems.

On Sun, 9 Nov 2003 14:30:50 -0500, "JNJ" wrote:

===Hey gang -- a question. I have a neighbor who is clearing out a bunch of
===trees. Depending on which trees he decides to pull out, this could have a
===substantial affect on my property both in terms of drainage/erosion as well
===as wind breaks.
===
===I know there are typically laws/ordinances about doing these types of things
===so I wanted to see if anyone had any tips on what to look and where to look.
===Naturally, I'm going to talk to him about it before I go the legal route but
===I need to have my p's and q's together with this guy -- he's a tough
===neighbor to deal with on just about anything.
===
===Suggestions?
===
===James
===

Visit my website: http://www.frugalmachinist.com
Opinions expressed are those of my wifes,
I had no input whatsoever.
Remove "nospam" from email addy.

On Sun, 9 Nov 2003 14:30:50 -0500, "JNJ" wrote:

Suggestions?

James


Regardless of the tree hugger I am, my first reaction is mind your
own! It's his land. Perhaps you have an enlightened local government
and have a place to complain and affect a change in strategy for
removal. Bee has the best advise yet..."palnt your own trees", David
as usual hasn't a clue, as if hiring an attorney is an affordable
solution! *VBG*

JNJ wrote:
Hey gang -- a question. I have a neighbor who is clearing out a bunch
of
trees. Depending on which trees he decides to pull out, this could
have a
substantial affect on my property both in terms of drainage/erosion as
well
as wind breaks.

I know there are typically laws/ordinances about doing these types of
things
so I wanted to see if anyone had any tips on what to look and where to
look.
Naturally, I'm going to talk to him about it before I go the legal
route but
I need to have my p's and q's together with this guy -- he's a tough
neighbor to deal with on just about anything.

Suggestions?

Find out what your local laws are. Around here, you need a permit to cut
down trees with trunks larger than a certain diameter, but getting the
permit isn't a major deal. Changing the topography in such a way that
run-off adversely affects a neighbor is usually a big no-no, but some
places if you change the elevation of an area bigger than x by more than
y inches you may need a permit. If this activity is part of developing
the property, parts of the plan may be allowed by the development plan,
but in other areas separate permits and plans need approval from
different bodies.

In general I doubt that you'll find anywhere with an ordinance that will
address windbreaks, or sun vs. shade issues, or aesthetic issues. But
you never know. Those things may be addressed by a HOA or in the CC&R's.

You say he's a tough neighbor to deal with, but that may be because of
the way people approach him. Do you know *why* he's clearing them out?
Could part of his plan be good for you? Maybe if you help him with the
parts that will be good for you, you might be able to talk him into a
compromise on the parts that aren't.

Before you entrench yourself too much into the position that what he's
doing will adversely affect your property, think about how you'd feel if
a neighbor came to you with nothing but complaints about what you're
doing on your property. While you want to protect your property, and
your rights to enjoy it the way you see fit, your neighbors want the
same thing. They don't want to have to get your approval to make changes
to their property any more than you want to get approval before you do
something on yours.

Of course we do have laws that govern the use of our property, but as
I'm sure you already realize, they don't cover everything, and even when
the subject is something covered, dealing with a neighbor on a personal
level ultimately results in better solutions than going strictly by the
law.

To sum up my rambling, try to understand *why* your neighbor is doing
what he's doing is the first step. And if his plans adversely affect you
too much, your best route is to come up with a plan that meets his
objectives, and adversely affects you less. (And offering to help in
implementing it may be your key to success.)

Either that, or just learn to live with it.

--
Warren H.

==========
Disclaimer: My views reflect those of myself, and not my
employer, my friends, nor (as she often tells me) my wife.
Any resemblance to the views of anybody living or dead is
coincidental. No animals were hurt in the writing of this
response -- unless you count my dog who desperately wants
to go outside now.
Blatant Plug: Every Trading Spaces fan
needs an official Trading Spaces smock:
http://www.holzemville.com/mall/tradingspacesgear.html

On Sun, 9 Nov 2003 14:30:50 -0500, "JNJ" wrote:

Hey gang -- a question. I have a neighbor who is clearing out a bunch of
trees. Depending on which trees he decides to pull out, this could have a
substantial affect on my property both in terms of drainage/erosion as well
as wind breaks.

What kind of area are we talking about here? A suburban lot? An rural
acre or more?

I know there are typically laws/ordinances about doing these types of things
so I wanted to see if anyone had any tips on what to look and where to look.
Naturally, I'm going to talk to him about it before I go the legal route but
I need to have my p's and q's together with this guy -- he's a tough
neighbor to deal with on just about anything.

In urban/suburban situations, there typically *aren't* laws about
changing your landscaping, particularly about safely *removing* trees.
There may be local regs about what kinds of trees you can plant, and
how much brush and weeds consitute a nuisance and must be cleared.
This is covered locally by the "Codes & Compliance" division my city's
gov't.

Just because your neighbors' trees have been providing a nice
windbreak or other incidental benefits doesn't require him to keep
them for your convenience.

You appear to be anticipating problems (other than wind) which you
don't actually know will occur. If it can be demonstrated/documented
that similar action in a similar area has resulted in significant
damage to surrounding properties, you may have some sort of a case.

If he is a tough cookie, do you want to go to the trouble and expense
of legal proceedings? I'm sure it's possible, but *I* wouldn't want to
live next to a neighbor I'd brought into court. It couldn't hurt to go
over and express your concerns in a reasonable and friendly way.

In article ,
Phisherman wrote:
On Sun, 9 Nov 2003 14:30:50 -0500, "JNJ" wrote:

Hey gang -- a question. I have a neighbor who is clearing out a bunch of
trees. Depending on which trees he decides to pull out, this could have a
substantial affect on my property both in terms of drainage/erosion as well
as wind breaks.

I would be surprised if there exists a law to prevent him from cutting
down a few trees. He should be responsible to control erosion, but
that is easily fixed by growing grass.

That really depends on your area. Several places that I've lived n have
very strict ordinances about not cutting down trees. The original poster
doesn't mention if he's in a rural or urban setting - but it might be
worth contacting the local forestry department, to see if there are any
applicable regulations.

cheers!
--
================================================== ========================
"A cat spends her life conflicted between a deep, passionate and profound
desire for fish and an equally deep, passionate and profound desire to
avoid getting wet. This is the defining metaphor of my life right now."

Hey gang -- a question. I have a neighbor who is clearing out a bunch of
trees. Depending on which trees he decides to pull out, this could have a
substantial affect on my property both in terms of drainage/erosion as well
as wind breaks.
I live on 20 mostly wooded acres. The property next to me (26 acres) was sold
last year to a man that owns an excavating company. The 26 acres that sold has
a small river that winds through most of the property with many areas of
wetlands. There is not much clear, dry land in the entire property that is
suitable for building. The man proceeded to put a driveway (road) in from the
main road to the very back of the property which totals a little more than a
quarter mile. We have an open field to the west of our property which enabled
us to watch his progress. He had to remove many trees and used a huge machine
to tear them out of the ground and a dozer to haul them to the giant burning
pile which was burning all day & night for days. He hauled in large piles of
stone and broken concrete for fill.
We figured he knew what he was doing because this was the business he was in
and that he had contacted the right agency and obtained the proper permits.
When he progressed farther towards the back of his property we noticed that he
was driving on our property to get to the rear of his. We spoke with him at
this time, showed him where the property line was and asked if he'd had his
property surveyed. He had not. In order for him to get to the back of his
property without driving on ours, he had to fill in a large area of wetlands.
He decided to have his property serveyed. We called the agency (DEQ) in our
area to see if he had obtained the permission to re-route some smaller creeks
and fill in wetlands and he had not. They came out and saw all the damage he
had done and posted a "Stop Work" order on his property. He has not done any
further work on his driveway for almost a year now. He made the comment to us
that he was barely keeping his hind end out of jail.
He has destroyed what was once a beautiful piece of property.
Sue in Mi. (zone 5)

"SAS567" wrote in message
...
He has destroyed what was once a beautiful piece of property.
Sue in Mi. (zone 5)

That's your opinion.

On Wed, 12 Nov 2003 13:44:04 -0500, "Hermione Contrara"
free.french.fries@McDonalds wrote:


"SAS567" wrote in message
...
He has destroyed what was once a beautiful piece of property.
Sue in Mi. (zone 5)

That's your opinion.



Well, it sounds like a righteous opinion, anyway, and it sort of goes
without saying that the writer's opinion is the writer's opinion. are
you really a Hermione or are you just having it on with me?

hermine isabel bauml-stover