Uht Ohhh. My neighbor is cutting down OUR trees

[Maine Mary]

I can see him and he's clearly on on our property. SO might possibly be pissed when he gets home from hunting. What should I do? BTW I've never had a problem w/this guy in the past. I don't particularly like the fact that he picks off birds that eat his grass seed but it's really none of my business so I stay away.

Ironically, we've been wanting to do away w/those trees and brush that he is cutting. It's all Alder and Birch crap. But my concern is the fact that he is doing it on our land. Oh Good Lord, is it time for a surveyor?

[maine_raptor]

1. Get it surveyed fast Mary.......

Document with photos what he is doing right now.

He is in clear violation of the law. I think you might be able to collect damages and court costs.

Cutting someone else's trees without permission is a big No-NO here in Maine

[Maine Mary]

5. Camera is ready

I hope he doesn't see me. I wish I had a camcorder...... Will update later.

[Kamika]

7. lol good luck

Be sure to talk to him afterwards though

[maine_raptor]

8. Good

Make sure you can timestamp and date the photos.

I think the law is such that you can collect triple the tree's stumpage value.

[The Backlash Cometh]

16. He may be trespassing, sure, but the law is funny that way.

Adverse possession laws actually reward bad neighbors. If your neighbor takes over your yard, and say, builds a hedge and maintains it for the state prescribed number of years, he can take it over through an adverse possesion action.

So, yes, survey the property and let him know that the property is yours. The funny thing about adverse possesion is that you can defeat a claim if you tell the person you give them permission to use it.

[maine_raptor]

17. You're right about Adverse possession, but

here in Maine, it's 20 years. And it does not continue with new owners.

[The Backlash Cometh]

20. Florida is a predator's dream come true.

It's only seven years, and it does "tack on" between owners.

Frankly, I believe it's Florida's adverse possesion laws which creates the instability and distrust in our communities. You never know who is going to take over common grounds, or your own property. People can take over other people's property in the time that it takes to be a transient Floridian. Worse, well-lawyered developers can take over property, build on it, and know they only have 7 years to sweat it out.

[La_Serpiente]

2. Give him a warning if it offends you

and if he refuses to get off of your property, call the cops.

[Don_G]

3. If He's A Friendly Neighbor

Just go out and check to make sure that your SO gave him permission to clear the trees and brush on your land. Otherwise, discuss it with your SO, check your deed for the origonal survey and go from there.

[amazona]

4. i would call the police

You can't confront a man with a chainsaw in his hand by yourself. I would call local law enforcement and get the cutting stopped for now.

Call the surveyor on Monday and get the ball rolling to identify what is and what is not your property. You could even be wrong about the exact boundaries, it has been known to happen. But once the trees are cut, they can't be uncut. Even if you planned to cut the trees yourself, presumably you had plans for selling or using the timber. It can be quite valuable in some areas.

[Zomby Woof]

6. wow! talk about dilemma!

He is doing this without permission, BUT you all need it cleared anyway.

I am not really qualified, not being a property owner, but yes, a surveyor is a good idea, and perhaps your SO should wrangle the chopped down trees for firewood for YOUR house. Or charge him if he makes use of it. :D

Um, consider this useless reply a kick! :kick: :hi: :donut:

[Rabrrrrrr]

9. Maybe go out and remind him that this is your property, but that

you don't mind if he clears everything away.

But wait until he's about 80% done. :evilgrin:

Then you'll have your stuff cleared, and you'll also find out if he thinks that's his land and whether you need to get a surveyor out, etc., to make sure.

He might very well know its your land, but decided to take those trees down anyway. Who knows. I'd never go on someone's property and start cutting stuff down without permission.

[bahrbearian]

10. Call the Police

to stop it Now !

[Nay]

14. Agreed. Call the police now.

[elfin]

11. Thank him for clearing YOUR trees

and say nothing else needs cutting. Ask if he indeed thought it was HIS property - if yes, then tell him you will get a surveyor so both of you can be sure from now on.

[slackmaster]

18. Excellent suggestion

Very diplomatic.

:toast:

[RebelOne]

12. You sure do seem to be having a lot of problems

with hunters today. First, the bullets whizzing past your house and now a hunter cutting your trees.

[Skittles]

13. your hubbie is hunting

but it bothers you that your neighbor picks off birds? Whatever

[Maine Mary]

19. Ummm. Even if the feeling is not mutual, I luv ya hun.

I won't go into the details, but as a State Rep. whose legislative Comm is Inland Fisheries and Wildlife, I deal w/wildlife biologists on a daily basis. Maine's hunting practces are based on what is best for the animals. Ummm... what is a better death? A hunter's clean shot or starvation and/or being ripped apart by coyotes?

My neighbor's shooting of birds pisses me off but it is hard to change the law because it may hurt farmers who need to protrect their crops from birds.

And though I am not a big meat eater (not for any particular reason- just don't like it) I know a good hunt helps poor families have some decent meals.

[Blue_Chill]

23. not trying to be an ass but

Being ripped apart by coyotes is the natural way. If not the coyotes suffer the consequences of your mercy.

[gardenista]

15. Thank him for clearing YOUR trees

I like that idea. Sounds like you live in a community where the calling of police, etc., would be a very bad idea unless life and limb are threatened. You've gotta live next door to this guy for a long time...

The survey is expensive, but a good idea if there's any ambiguity. He could claim that he's been "maintaining" the property, which could give him legal rights to it.

As for confronting a guy with a chainsaw, don't worry about it, I do it all the time! LOL! They're heavy, and you can probably run faster than he can with a big ol' chainsaw. Seriously, I chewed out my landlord's "gardener" in my underwear on the day after Christmas when he decided (AT 8:00AM!!) to start hacking away at our beautiful specimen Michellia doltsopa (a fragrant, gorgeous relative of the magnolia). He didn't even know what kind of tree it was, he just throught it should be turned into a giant lollipop with his new toy. This was a 30 year old tree that had NEVER been pruned, and never should be, to preserve its beautiful shape. Thank God the sight of me in my underwear was scarier than him with a chainsaw!

When he had the nerve to say "This ain't your fucking tree", I just about belted him. He was fired by the landlord within days, after I got a letter signed by all of the tenants.

Now that I look back on it, I can't believe I was out there screaming at this (very scary looking, like one of the Darryls from the Bob Newhart Show) guy, in my undies, with a chainsaw between him and me. I guess I'm just a tried and true tree lover.

[DoNotRefill]

21. before you freak out about it...

talk to your husband. It's possible he talked with the guy and gave him permission, since you said you wanted the stuff removed anyway. I had a similar situation, where I told the neighbor that he was free to take some surplus construction stuff to save me the trouble of hauling it away, he came to get it while I wasn't there, and she went and screamed at him about it. I ended up buying him a gift along with a verbal apology to say "sorry" about it.

[WannaJumpMyScooter]

22. Seems like it is time for a well-placed stray shot

Like right through his chain saw maybe.