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Old 10-10-2009, 08:41 AM   #26 (permalink)
damaclese
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Default Re: Good neighbor but bad on fencing

Boy i hear every one on this issue i had a tree that was clearly on my property. its was over 24" away from my neighbors fences. this tree was well over 300 years old. there were no visible roots on his side of the fens. he asked me to trim the tree several time each time i did. its was a magnificent tree. i went away on vacation for 2 weeks and when i cam home he had hired an arborest to cut my tree to the ground. i was not only incised but was so sad this three provided a wonderful back drop to my yard. needles to say this is what i did.

one i filed a trespassing complaint against my neighbor.r i subpoenaed him for the name of the Co that did the work. i filed trespassing complaints against the Co. they had to pay a hefty fine. the Neighbor got all belligerent on the judged. he went to jail for 90 days. the judge also awarded me 10,000.00 for the tree. a mature tree is worth any were from 5000 to 10000 depending on age. as i said this tree was over 300 years old considered irreplaceable legally. the Neighbor refused to pay the fine. so i made a motion to the Court to seize his bank account. he didn't like that cam to my door at 10 at night drunk as a skunk took a swing at me. I called the police he then took a swing at the cop and ended up with a rather severe beating for resisting arrest. he went to jail for 5 years. i went back to court and asked for a motion to place a lean for the rest of the money for the unpaid potion of the diet he owed me was granted. mean wail the bank that held the mortgage on his house foreclosed. i then filed a motion to seas the house for non payment of the lean was granted based on the fact that it was 2 years older then his mortgage deliquesce. he really pissed of the judge again in that appearance was fined again for mouthing off. i was able to send his House to action i got my money the Bank got the leftovers and he went to jail!

the point to all this is be a good Neighbor and do the right thing. it can turn ugly really fast and ones the courts get involved things can spiral out of your control. you can loose every thing over a silly fence. is is worth it i say no the money i got just covered my legal fees for the hole thing. in the end i had no tree it took up an enormous amount of time this all happened over a 3 year period and pretty much a life got ruined over a fence a tree and a lack of respect for others

which brings up the last point no mater what You have legal rights the law is on your side if you are preforming you duties as a good Neighbor you can fours any one living on an adjacent property to trim maintain or pay for 50% to 100% of the cost to fix maintain or replace a fence or water way if they are not preforming there Co-Duties most of which if you are a well prepared you can do with out a lawyer in small clams Court i say this if all civility has passed with no avail then seek advice from an attorney its worth it to resolve most of the time a simple letter out lining your position and explaining the consequences of inaction will resolve it
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