Neighbor put up a fence and expects me to maintain my side of it otherwise he'll sue.

[Theo G]

What is the name of your state (only U.S. law)? Washington State

In 2002 an elderly couple planted 10 cottonwood trees in their back yard.
In 2003 they subdivided their property and sold a parcel just on the other side of the cottonwoods (which at this point were about 10-15 feet tall).
In 2004 the new neighbor guy built his home and began asking the elderly couple to cut down the cottonwoods because the leaves were blowing into his yard.
In 2005 the elderly couple sold their home to my mother.

Every year since 2005, the neighbor guy has asked my mom to cut down the cottonwoods because he's fed up with the leaves that blow into his yard. The trees have never been cut down.

Last summer (2012) he put up a fence on the property line and every time the wind blew during autumn, the leaves (and ALL debris blowing through the yard) would pile up against the fence. My mother (due to age) is unable to take care of big yardwork tasks so I did everything that I was personally able to do with the riding mower to get rid of the leaves, but they were too much. The neighbor guy told me it was my responsibility to maintain that side of HIS fence and if the leaves caused any rotting to his $5000 wooden fence, he'll take me to court for repairs. Just to keep the peace, I hired some guys to haul the leaves away which cost me personally $100.

Fall is quickly approaching and I want to know if this neighbor guy has the right to force my mom into maintaining the fence (whether personally or financially), especially when the historical record can prove that he KNEW leaves would eventually be piling up against it before he built it.

If this went before a judge, would they rule in favor of my mom or the neighbor guy?

 

[OHRoadwarrior]

Let mom pay for a professional property survey. She is responsible for cleaning up to the legal property line. You do realize the hypocrisy of saying it was okay for moms leaves to make work for him, however, when he pushes her leaves back, you are all over it. If mom is to old to maintain her house it is time to sell.

 

[Theo G]

You do realize the hypocrisy of saying it was okay for moms leaves to make work for him...

No, I never said that, nor did I imply that, nor has it ever been "work" for him. The leaves might blow into his yard, but then they keep on blowing through. They don't stop once they get on his property, not to mention it's not only my mom's tree leaves that were blown over. It was all sorts of yard debris (leaves, tumbleweeds, hay) from neighbors on the other side of her.

...however, when he pushes her leaves back, you are all over it.

No, I'm not. I could care less that the leaves are in the yard. I thought I explained pretty specifically that maintaining the fence is the concern here. This guy knew with 110% certainty that leaves (from trees that were there even before he bought his property) would be piled up against the fence and he built it anyway.

If mom is to old to maintain her house it is time to sell.

Mom, is not too old to maintain the house, nor did I say that. She maintains the house wonderfully. It's just now there's a burden of dealing with all the leaves and the fear of being legally responsible for the well-being of this guy's fence. THAT'S THE PROBLEM. This guy put up a structure and is expecting someone else to provide the finances/labor to maintain it.

 

[OHRoadwarrior]

You are wearing rose colored glasses.

 

[Mass_Shyster]

She is responsible for cleaning up to the legal property line.

Where does this duty to clean arise?

Unless there is some town ordinance requiring the removal of leaves, I'm not aware of any legal duty to remove leaves or other debris that was not placed there by the property owner.

 

[LdiJ]

Where does this duty to clean arise?

Unless there is some town ordinance requiring the removal of leaves, I'm not aware of any legal duty to remove leaves or other debris that was not placed there by the property owner.

I agree.

In addition, leaves degrade, therefore they would dry out and not remain piled up against the fence anyway...therefore they would not rot the fence. The Dude just wants the trees removed because he doesn't want to deal with the leaves in his yard, and he is trying to scare mom into removing them.

 

[ecmst12]

If he built the fence entirely on his property as is proper, then there is no "her side" of it. Both sides are on his property.

 

[Antigone*]

Heck if the leaves are on her side of the fence, then I'd tell the neighbor to pound sand.

The man can cut the tree branches that overhand on his side of the line if he wants to reduce the number of leaves that blow onto his yard. You and your mom have no duty to appease this man.