What is the name of your state? Maine
Our property and our neighbors to one side of us are subject to a 10 foot ROW that benefits the neighbor's lot to the rear of us. As he has existing access to his lot already, he does not use this as a driveway..yet. He began work on the ROW this past spring, digging up the lawn..hauling away the fill (which he never returned despite a letter from our Atty) , and placing gravel down to make a "road bed". In the process he cut down a tree that had a 27" base at it's widest point.
The tree was completely on MY property, however, almost half of the tree grew within the 10' ROW. He did not seek our permission to cut down the tree, nor did he (as one would hope) inquire if we would consider moving the ROW for him to preserve the tree.
We have been to court over the ROW issue and have had several heated exchanges with this (and other issues..most of them dimissed because of his false accusations).
We were ordered NOT to obstruct the ROW, but what about him? He dropped this tree in May and it still sits within the ROW, which is yes his ROW, but still my property!
I have researched boundary tree law in the state of Maine and cutting a boundary tree without permission is something I could file...however, I have found no real answer on if that tree is a boundary tree for a ROW. I have consulted lawyers on this who are researching as well.
From what I've been told..he has the right to pass and repass but cannot "improve" the ROW, ex: he cannot pave it. Wouldn't cutting a tree down be considered "improvement"? Or would this tree likely be viewed as an obstruction of his 10' ROW? The tree encroached about 12" into the ROW, was over 100 feet tall and provided the only real shade to my backyard
Any ideas would be most appreciated
Our property and our neighbors to one side of us are subject to a 10 foot ROW that benefits the neighbor's lot to the rear of us. As he has existing access to his lot already, he does not use this as a driveway..yet. He began work on the ROW this past spring, digging up the lawn..hauling away the fill (which he never returned despite a letter from our Atty) , and placing gravel down to make a "road bed". In the process he cut down a tree that had a 27" base at it's widest point.
The tree was completely on MY property, however, almost half of the tree grew within the 10' ROW. He did not seek our permission to cut down the tree, nor did he (as one would hope) inquire if we would consider moving the ROW for him to preserve the tree.
We have been to court over the ROW issue and have had several heated exchanges with this (and other issues..most of them dimissed because of his false accusations).
We were ordered NOT to obstruct the ROW, but what about him? He dropped this tree in May and it still sits within the ROW, which is yes his ROW, but still my property!
I have researched boundary tree law in the state of Maine and cutting a boundary tree without permission is something I could file...however, I have found no real answer on if that tree is a boundary tree for a ROW. I have consulted lawyers on this who are researching as well.
From what I've been told..he has the right to pass and repass but cannot "improve" the ROW, ex: he cannot pave it. Wouldn't cutting a tree down be considered "improvement"? Or would this tree likely be viewed as an obstruction of his 10' ROW? The tree encroached about 12" into the ROW, was over 100 feet tall and provided the only real shade to my backyard
Any ideas would be most appreciated