V
valerie37
Guest
What is the name of your state? New York (upstate)
The issue is about an apr. 45 foot tall tree. We have always (since moving in back in 1991) beleived that the tree was partially on our property and partially on our neighbors (going by trunk). They have held the position that the tree is completely ours and have been very rude with comments all through the years. It is a Cottonwood and makes the normal mess when the cotton is blowing about (along with the cotton from the other zillions of area tress).
In good faith, we have, as completely as possible, maintained this tree for the past 11 years. We have had it inspected and sprayed for bugs, we have paid hundreds of dollars to have the tree topped off and trimmed for shaping and safety. We rake consistently, and for most rakings, have also done the neighbors property as well for the leaves - all to help downplay the constant animosity.
Now....11 yrs in, they seem to be taking the position that the tree is theirs - 3 inch wooden stakes were in the property when we came home last week and he has now started mowing as such - He had the stakes in a position that makes the entire trunk on his side. Although he has not yet approached us at all yet, our suspicion is that we will come home from work one day and the tree will be down (probably with the trunk left behind looking trashy!)
I'm having a hard time finding the best resource for our rights
1) Although a strict measurement from just our map looks to mostly agree with his stakes, I have been told that a real surveyor should be hired since maps are not always accurate - True? (which of course costs money)
2) Adverse possession - applicability here? We have incurred money and countless labor over the past 11 years (they even offered to split the cost of cutting it down with us in the past which further acknowledges their belief that the tree was ours).
3) If they just cut it down, do we have any rights? The shade this tree provides to our house cannot have a cost attached to it - also, with it gone, our view becomes wide open to their basketball hoop
4) How about use of our property while cutting it down and debris left behind?
It is terrible to have this kind of a neighbor issue
Thanks for any advice you can offer
The issue is about an apr. 45 foot tall tree. We have always (since moving in back in 1991) beleived that the tree was partially on our property and partially on our neighbors (going by trunk). They have held the position that the tree is completely ours and have been very rude with comments all through the years. It is a Cottonwood and makes the normal mess when the cotton is blowing about (along with the cotton from the other zillions of area tress).
In good faith, we have, as completely as possible, maintained this tree for the past 11 years. We have had it inspected and sprayed for bugs, we have paid hundreds of dollars to have the tree topped off and trimmed for shaping and safety. We rake consistently, and for most rakings, have also done the neighbors property as well for the leaves - all to help downplay the constant animosity.
Now....11 yrs in, they seem to be taking the position that the tree is theirs - 3 inch wooden stakes were in the property when we came home last week and he has now started mowing as such - He had the stakes in a position that makes the entire trunk on his side. Although he has not yet approached us at all yet, our suspicion is that we will come home from work one day and the tree will be down (probably with the trunk left behind looking trashy!)
I'm having a hard time finding the best resource for our rights
1) Although a strict measurement from just our map looks to mostly agree with his stakes, I have been told that a real surveyor should be hired since maps are not always accurate - True? (which of course costs money)
2) Adverse possession - applicability here? We have incurred money and countless labor over the past 11 years (they even offered to split the cost of cutting it down with us in the past which further acknowledges their belief that the tree was ours).
3) If they just cut it down, do we have any rights? The shade this tree provides to our house cannot have a cost attached to it - also, with it gone, our view becomes wide open to their basketball hoop
4) How about use of our property while cutting it down and debris left behind?
It is terrible to have this kind of a neighbor issue
Thanks for any advice you can offer