Cutting Neighbor's Trees Over Property Lines

[gl55]

Does anyone here on OSA do tree trimming?

 

[1shott]

I bought my house from the neighbors mother and father. This house was built first on a couple of acres then part of the property was deeded off and they built their house about 8 years later. I'm sure a lot of things were done because her mom and dad lived next door. Well guess what. Mom and dad haven't lived here in 15 years and I'm tired of a lot of their crap. There was never a fence in the back yard between the properties because of that. Well a couple of years ago I got tired of looking at their mess in their back yard and put up a fence. They got all but hurt over that because thay lost some access to their back yard on that side of their house because they planted a Bradford Pear tree 2 feet off the property line on that side of the house. Had they not planted that tree they would have had the same access thay had before the fence went up. They never once offered to share some of the cost of the fence but they had no problem putting up gates that butt up to their new free fence.

Did they completly enclose the back yard now? If so, and they abbuted their new fences with yours, they now assume half the value of your fence, and owe you the money. IIRC thats in Oklahoma fence law. Now if they dont completly enclose the yard, then you dont have a claim, IIRC.

 

[beast1989]

1shott if that turns out to be true that would be a god send for gl55. I'm going to put that tid bit of advice away somewhere in my brain where I can find it again later on.

 

[Super Dave]

Nothing trims better than fire. Burn it to the ground.... once the ban is lifted, that is.

 

[xnavychief]

My neighbor has one that overhangs my AC unit, that get's clogged twice a year from leaves. Once naturally in the fall, and once about the 30th day of 100 plus degree weather when the tree nearly dies. I've trimmed it back as far as the fence line, but with OK winds, no help at all.

 

[1shott]

1shott if that turns out to be true that would be a god send for gl55. I'm going to put that tid bit of advice away somewhere in my brain where I can find it again later on.

I beieve this is the information,

OKLAHOMA ANIMAL AT LARGE
AND FENCE STATUTES
Oklahoma Statutes
Title 4 Animals
Chapter 5 Herd Law

§ 143. Owners Not Required to Fence-Lands Enclosed or Used Not in Commons-
Duty to Fence.
Any person not wishing his land enclosed, and not occupying or using it otherwise than
as commons, shall not be compelled to contribute to erect or maintain any fence between
him and an adjacent owner; but when he encloses or uses his land otherwise than as a
commons, he shall contribute to the partition fences as in this article provided.
§

§ 146. Payment for Fence Between Adjoining Lands.
When land which has lain unenclosed is enclosed the owner thereof, before he join to any
partition fence, already erected, shall pay for one-half (1/2) of each partition fence
between his lands and the adjoining lands, the value to be ascertained by the fence
viewers, and if he neglects for thirty (30) days after notice and demand to pay the same,
the party to whose fence he joins may recover as before provided, or such person,
enclosing such land, may, at his election, rebuild and make one-half (1/2) of the fence,
and if he neglects so to do for two (2) months after making such election, he shall be
liable as above provided.