Issues with Neighbors

We are having some issues with our neighbors. Years ago, they planted some trees quite close to the property line. And now, those trees are probably more on our property than on theirs. It hasn't been a concern because we love trees and we get along with our neighbors (or we did). We shared the mowing around the trees and such. Not a problem.

But my neighbor called over and read me the riot act about mowing around their trees. She was ranting that she would take care of them and we are to leave them alone. What happened was a walnut tree started growing out of one of the pine trees and it got huge. Just huge. To make it worse, that particular evergreen tree is way out along the road now and it's getting difficult to see around the branches when pulling out of our driveway.

About 15 years or so ago, we had three crabapple trees down by the road....they had been there forever, from the time we first bought the property and we had planned on taking them down anyway. But when the neighbors moved in next door, she started complaining that she couldn't see around the trees' branches and we needed to trim the trees. We would trim, the branches would grow and we would trim. And we did take all three trees down.

Well, after looking at this walnut tree sticking out of the pine tree for several years now (on our property, I might add), we took the walnut tree out. The tree looks so much better. When we push mow, we also lift the tree branches up enough that we can mow under the trees....it keeps the trees looking nicer. But that was enough to start the ball rolling. Hence the phone call from the neighbors. They don't want us to mow under the trees because that takes away habitat for the rabbits. And with all the cats in the neighborhood, the rabbits need all the help they can get. (I might add that they're the ones who were going to take Tabby for a "ride" last year and throw her out the car window into the woods when she was only about five weeks old, unless we took her in because they hate/fear cats so much. We did and Tabby lives with us.)

We went outside and, I'm telling you, some of those trees are actually more on our property than theirs. The property stakes are still in the ground; that was the first thing we checked out.

Now, I know that, if we wanted to? We could take a chain saw and cut each and every branch right off at the property line. It's our property and we can do that. But we don't want to, if we don't have to....we hate the thought of purposely killing beautiful trees.

But in order to set matters straight once and for all that it really is our property, we're thinking of installing a corner split-rail fence at each corner of the property line we share with these neighbors. And yes, that would mean, cutting the branches. But at this point, we're not sure what to do. Cutting those trees like that would surely kill them. And it would mean a feud with the neighbors that we really don't want. Yet, it is our property and if they don't want to maintain the trees, we have the right to do so.

Any ideas on how to handle this? What would you do?

Look up the property laws to make sure what you want to do is legal. Put it all in writing, including the specific laws, and the date you intend to commence. Send it, registered, signature required mail, so you have a record that they received it.

I have heard of an old law which states, if someone has been caring for a certain stretch of someone else's property for a certain number of years, they can claim that property. For instance, a neighbor suddenly starts mowing a two foot strip of your lawn that adjoins theirs, and you allow it, after a certain number of years, he can claim that 2 feet of lawn as his. I wonder if that is what your neighbor is concerned with.

If you are clear in your letter that your intention is NOT to encroach on their property, that may help.

Oooooo tough one.we had neighbor problems so bad at our last house that we ended up moving. Those people were just malicious and crazy!

Is the grass that you had been cutting on their property or yours?

Can you continue to mow around the trees right up to their property line and trim only on your side? That's what I would want to do regardless of what your neighbor's say.

We are staying solely on our own property, but yes, we are trimming the part of their trees that are on our property. We don't go over onto their property at all. They, on the other hand, mow on our property by as much as 8 to 10 feet simply because their trees are growing that much on our property.

We are continuing to mow around their trees right up to the property line and we trim the trees only on our side as Rockcat suggests. That's what we've been doing all along; we've never sat foot (or lawn mower wheel or anything else) on their property. Not once. That's why we were so angry when she called and yelled at me. We've only been on our own property, but yes we trim around the part of their trees that are on our property.

And Otto, I believe that in Pennsylvania, the limit is 20 years. Once you've maintained property for 20 years with the actual owner's implied permission, you can then file a quit claim to that portion of the property.(The key is the owner's implied permission; in other words, the owner must know what you're doing, but doesn't do anything to stop it.) But again, we've never mowed on their property (although they do ours) and we've never trimmed anywhere that's not on our own property. We have always been very careful.

Well, you know you aren't doing anything wrong. Try not to let them get to you. I know it can be difficult though.

if they are trimming the lawn on YOUR property, I'd tell them to leave YOUR property alone, their tree or not. They could twist said law to you and claim your property after 20 years if you keep letting them do so.

I'd also continue to do what you've been doing, maintaining your property, tree or no tree in the way. If it gets worse, I'd talk to them, tell them exactly what you feel, and tell them since the tree is on your property, you have the right to cut the branches off. That might scare them back a bit.

I like the fence idea. maybe you can begin and end the fence between the trees on property line, so the neighbor is aware how much of the tree is on your side and they can't access it with the fence in the way? a temporary 3 footer fence or something at least?

Well if you are cutting your own grass, where do they get off telling you not to??? Ridiculous! They need the property markers pointed out to them. I would ignore them for now, but if they continue to harass you then maybe consider something temporary as someone else mentioned, like maybe bamboo fencing even. :dk:

The whole thing is frustrating. I was out last night, push mowing around the trees (on our property only) and she came out and sat on her front porch and watched me the whole time. I was going to wave to her, but figured I'd better not push it. But honestly, last night, I came "this close" to telling Rick the heck with it, we could put up a 20-foot high fence for all I cared (do fences even come that high??? ).

We're going to price split-rail fencing this weekend, just two corners, one set at each corner of the property at that side. We're hoping that if we did split-rail, we might not even have to cut any branches (or very few), that they can just flow through the fence. But it's still a way to set a property line.

One of my friends is an attorney and she told me that our property is exactly that and that we can do whatever we want on our property (within zoning laws and such, that is), even to neighbors' trees. And in my work, I've been involved in cases such as this, where a neighbor's trees are on somebody else's property and they don't maintain them. There was a situation in town where the person did exactly what I had mentioned.....took a chainsaw and cut the branches right at the property line.....the neighbor who owned the trees was livid, but there wasn't anything he could do. 

We'll see how things go. Thank you for your input.

Sounds like the fence woud be the thing to do.

Oh -- since they were the ones that wanted to get rid of Tabby --- why don't you and Rick take the neighbors out on a ride to the country and dump them out of the car!!!!