04-17-2022, 11:33 PM
C(-)ris wrote:
[quote=Rolando]
If a neighbor's tree ie Roots in neighbor's plot, falls on your house, then they are responsible. Do you have a picture of the new planting for reference.
That is very state specific. In WI it would be the opposite unless the owner was grossly negligent in clearing a dead tree and was warned/cited previously to clear it.
Same in my state. Any part of the tree extending to our property is ours to deal with. If a branch falls on our house, our problem. Same deal with negligence.
A neighbor planted a tree on our property and one straddling the property line. This happened because we didn’t stake the lot corners. Our cable company (Charter) had come in years before and laid cable and installed pods. As time passed, we all erroneously used the pods as lot corners.
Eventually the one neighbor decided to build a detached building on his lot. This required a survey because he wanted his building to be as close as allowed to the edge of his lot (10 feet, I think). Up went the surveyor’s stakes on his lot and ours which I paid no particular attention to (stakes can go on non-builder’s property for various reasons).
Then one day shortly after I saw he had a sprinkler company pull up his sprinkler system and move it. Very odd. I asked him why he moved his sprinkler system and he explained that it was on our property. We gained about 15 feet on his side - but lost about 10 feet on the corner we share with our other neighbor. We also gained one tree and another half of a tree that sat half on our property from the first neighbor.
However, the neighbor who had gained 10 feet of ‘our’ property had planted a whole row of conifers on his neighbor’s lot (yep, our neighbor lost land on his lot on the far side away from us) which were also left. Fortunately that final neighbor (who gained all the conifers) lived on a corner lot and the screwups stopped.
Now we have one stake which we all use to determine our corners (the original survey marker from before any homes were built is iron and is buried under several inches of added soil and has been lost again). The end result was that our neighbor on the side away from the neighbor who did the survey ‘lost’ land to the neighbor on the far corner who gained land. Nobody particularly complained.
A dozen years later we had a sprinkler system installed and paid about $600 for a new survey. After that, once again the original marker’s location became lost as the years passed.