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Neighbor Refuses access to cut trees

Discussion in 'Other Ownership, Use & Privacy Issues' started by RichH, Jun 5, 2017.

  1. RichH

    RichH Law Topic Starter New Member

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    Hi,

    I own a large property that has trees all along the perimeter. Over the years I have been cutting down trees that I feel are a threat to mine or my neighbor's property.

    One neighbor has asked me to cut down ALL the trees that line her property - even though none of them are unhealthy. She just wants all evergreens surrounding her property. I like my trees and do not want to cut them down. They are all healthy and except for those in question are medium and small trees - they do not pose any threat of damaging anyone's property.

    Two clusters of trees that border her property are HUGE. I feel that even though they are healthy trees, someday they may fall and cause considerable damage. I decided to have them cut down and had a contractor give me a quote. The neighbor in question has told me that she feels her property is threatened by these trees.

    At first my neighbor agreed to allow access. I even agreed to cut down an additional tree that she asked for.

    However, yesterday she told me that if I did not cut down all the trees along the property line she would refuse access to allow to cut down any trees.

    I told her that if that was her condition, I would not cut down any trees.

    I would like to get legal proof that she refuses to allow access. I feel that if she will not allow access she assumes any liability for damage caused by these trees in the future.

    The access required is that the contractors equipment would have to locate within 30 ft. of the main road, and only on her paved driveway.

    Could you please advise me on the best way I can obtain legal proof that she refuses access? I would greatly appreciate it.

    I believe that if she realizes that her refusal to allow access means that she is solely liable for any damage caused by these trees in the future, she will quickly change her mind about allowing access.

    Thanks,
    Rich
     
  2. mightymoose

    mightymoose Moderator

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    The trees are on your property? Access the trees from your property. It might not be as easy, but it is your remaining option.
    She does not have to give you permission so there is no need to document her refusal.
     
  3. RichH

    RichH Law Topic Starter New Member

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    The trees are on my property, but due to the fact that they're on a steep hill, it's not feasible to cut them down from my side.

    I was thinking in terms of sending her a registered (certified?) letter asking her permission to access from her property and stating that if I do not receive her permission in writing, I will understand that she has refused.

    Otherwise, I could ask the city engineer to talk to her.

    I just want some proof or a witness to the fact that she has refused.

    Is there any way to obtain that?

    Other than that I could have the contractor go to her so she can deny him access.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    You can do that but it would be "legally" meaningless.

    You can do that, too, but would have no "legal" weight.

    Then trick her into refusing in front of witnesses or whatever. You're barking up the wrong tree here (pun intended). NOTHING that you get from her will have any "legal" meaning to you at all.

    Again, meaningless.

    No matter what you do, you'll still be left with the ultimate responsibility of figuring out how to get the trees cut down from your side.

    I suggest you work on that rather than kvetching about her recalcitrance.
     
  5. mightymoose

    mightymoose Moderator

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    Steep hill or not... Why can't someone just walk up with a chainsaw and let them fall? Leave them where they land if you have to.
     
  6. army judge

    army judge Super Moderator

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    That usually results in tit for tat, this and that, back and forth, south and north.
     
  7. mightymoose

    mightymoose Moderator

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    Maybe so, but sounds to me like it's out of sight and out of mind.

    Really, if the trees are healthy there isn't much of a need to do anything at all.
     
  8. army judge

    army judge Super Moderator

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    I agree, people tend to see the same monsters in their closets at age 10, as they do at age 40.

    Evil monsters follow you for your entire life.
     

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