Advice on difficult neighbor/tree limbs Q

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Advice on difficult neighbor/tree limbs Q

Felicia Hamilton
Rental Property Investor · Atlanta, GA · Member since 2015 · 56 posts · 31 votes

The city has mandated that all homes be on city sewer, I have an investment property (SFH) that I'm attempting to transfer to city sewer... however, the plumber will have to be on my neighbors' yard by less than 2 feet. My neighbors, a retired elderly couple, are adamant that they NOT be on their property. This is not a manicured lawn, it's on the very edge of her land (not even close to their house). Any disturbance would be rectified. If they weren't home, they could have done the work and they wouldn't have known any better. If we weren't in a state where the likelihood of them having a firearm weren't so high... I would say screw them, and do the work, fix the yard while they scream and holler... but that's not the case. I could cut down a tree to give the plumbers more access and not be on their yard. This will increase my cost about 2k. I'm fine to do it, just to get this city mandated project done... but I'm irked. We've had a VERY FRIENDLY relationship in the past, so I'm really confused by the whole thing. I've even offered to pay them JUST TO HAVE ACCESS TO THE 24 INCHES!

My question - if I cut down the tree and branches/leaves fall on their property... do I have to remove the tree debris, or anything else that may fall on their land?  

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Account Closed
Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
6y

Tough one. For starters it's your neighbor and you want to maintain good relations. On the other hand it's a rental and you don't have to see them everyday - lol. Certainly option #1 is always preferred if possible.

Most parcels of land at the street are actually owned by the city, even though the adjacent property owner (you) is responsible for the upkeep. A good example of that would be an area that might contain a sidewalk. You may be able to very easily see if this is the case using an online GIS mapping system that nearly all states and cities use today. It will allow you to view all sorts of property information, usually lot lines. You will be able to determine very quickly how much of the street and sidewalk you own vs how much the city owns - you might be surprised how much of "your" property is not actually yours!

What I'm getting at here is if these 24 inches in contention is actually city property, your neighbor does not have rights to force you off of it, especially during an instance when it's the city requiring the connection for all residents. And further to that point, there may already be rules and laws in place that govern the project that pertain to your issue - I promise you are not the only person to have this issue. So, call the city and see what they say about it.

Finally you want to get all this done as politely as possible of course, I know you do, and those southern charm skills will come in handy to make it happen!!! 

Good luck!

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  • Evan Polaski
    Cincinnati, OH · Member since 2020 · 4k+ posts · 3k+ votes
    6y

    @Felicia Hamilton I would contact the city and let them know the issue.  They maybe able to help without having to cut down the tree.  It seems most cities are not keen on taking down trees if not necessary.

    For the tree limbs, in Cincinnati, I am required to clean up all debris on adjoining properties related to tree trimming or taking down.  

    Maybe ask them which option they prefer, and state that if we cannot be granted access to your property to clean up limbs, we will respect that, but I cannot guarantee that no limbs will fall on your property.

    1Reply
  • Jackie Cramer
    Rental Property Investor · North Jersey Shore · Member since 2020 · 102 posts · 49 votes
    6y

    If debris falls naturally its theirs as an act of God. If YOU do it you should clean up the mess you made.

    On the access issue I agree with a prior post to try your local gov'ts shade tree/environmental dept. for input.

    0Reply
  • Account Closed
    Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
    6y

    Tough one. For starters it's your neighbor and you want to maintain good relations. On the other hand it's a rental and you don't have to see them everyday - lol. Certainly option #1 is always preferred if possible.

    Most parcels of land at the street are actually owned by the city, even though the adjacent property owner (you) is responsible for the upkeep. A good example of that would be an area that might contain a sidewalk. You may be able to very easily see if this is the case using an online GIS mapping system that nearly all states and cities use today. It will allow you to view all sorts of property information, usually lot lines. You will be able to determine very quickly how much of the street and sidewalk you own vs how much the city owns - you might be surprised how much of "your" property is not actually yours!

    What I'm getting at here is if these 24 inches in contention is actually city property, your neighbor does not have rights to force you off of it, especially during an instance when it's the city requiring the connection for all residents. And further to that point, there may already be rules and laws in place that govern the project that pertain to your issue - I promise you are not the only person to have this issue. So, call the city and see what they say about it.

    Finally you want to get all this done as politely as possible of course, I know you do, and those southern charm skills will come in handy to make it happen!!! 

    Good luck!

    2Reply
  • Sam Leon
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    6y
    Originally posted by @Felicia Hamilton:

    ...the plumber will have to be on my neighbors' yard by less than 2 feet.  My neighbors, a retired elderly couple, are adamant that they NOT be on their property. 

    Just to clarify, when you say your plumber have to be on your neighbor's yard by less than 2 feet, you are talking about them having to create a trench on your yard for the drain, and need space on your neighbor's yard temporarily for staging, tools, standing on your neighbor's yard but digging in your yard right?  There is no fence between you and your neighbor?  Or are you talking about actually running the drain 2 feet into their property and back into your property to bypass your big tree, and they are adamant the drain pipe not be on their property?

    They may be thinking you want to bury your pipes under the property when you are only requesting temp access to perform the work.  I agree pipes cannot cross adjoining property lines.  I would talk to them to clarify that, and propose to them that not only will you be there during the project to oversee the process, and will be there to clean up after them, and pay for any work needed to restore their side of the yard if needed. 

    0Reply
  • Felicia Hamilton
    OP
    Rental Property Investor · Atlanta, GA · Member since 2015 · 56 posts · 31 votes
    6y

    @Merritt S. Woosah! I wasn’t born in the south, but I do have southern roots... so I’m able to slip in and out the dialect as necessary. I am so tired of saying “yes, ma’am” I don’t know what to do! 😊. We’ve always been so friendly towards each other!

    Smh... this too shall pass... eventually.

    1Reply
  • Felicia Hamilton
    OP
    Rental Property Investor · Atlanta, GA · Member since 2015 · 56 posts · 31 votes
    6y

    @Sam Leon Yes! Simply for staging... some of her dirt may be disturbed, but the pipe will be on my property. We would definitely fix her dirt... it’s NOT a piece of manicured lawn. If it weren’t for COVID-19, I would wait until they were at church on Sunday and do it then... they wouldn’t be none the wiser. But she’s quarantining... staring out the window, harassing my plumbers.

    I’m going to try and post a picture... if I wasn’t so annoyed this would be funny. 😊

    0Reply
  • Felicia Hamilton
    OP
    Rental Property Investor · Atlanta, GA · Member since 2015 · 56 posts · 31 votes
    6y
    0Reply
  • Account Closed
    Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
    6y
    Originally posted by @Felicia Hamilton:

    @Merritt S. Woosah! I wasn’t born in the south, but I do have southern roots... so I’m able to slip in and out the dialect as necessary. I am so tired of saying “yes, ma’am” I don’t know what to do! 😊. We’ve always been so friendly towards each other!

    Smh... this too shall pass... eventually.

     LOL. I too am from the north, and have always admired the southern hospitality. I've always wondered if northerners are grumpy because of the cold weather - lol. The southern hospitality is really a neat thing, until a person realizes that sometimes the person serving it is a horrible racist - lol. That aint funny, but it is true sometimes. Old ways have a way of remaining long after their time is over. Sigh. Back to real estate.

    Well Miss Felicia, I went to the Atlanta website to see if I could find a link to a mapping system for you - I couldn't find one. Maybe land records are accessible at the county level? It is also possible the municipalities are not providing access, either for reasons of privacy, reasons of profit, or reasons of being late to the party and behind with the times...hmm...

    Search: land records, GIS, mapping, property records, real estate, real property - who knows how the municipality has organized and named their records.

    I will leave you to it and good luck!

    1Reply
  • Chris Mackinlay
    Midland, TX · Member since 2015 · 90 posts · 75 votes
    6y

    If you're find paying $2k to cut down a tree, why not see if you can't pay them $500 to not harass your plumbers?

    1Reply
  • Richard G.
    Atlanta, GA · Member since 2020 · 1 post · 1 vote
    6y

    Would removing the tree also be in line with the City of Atlanta's Tree Ordinance?

    1Reply
  • Diane Dono
    Real Estate Agent · San Jose, CA · Member since 2017 · 57 posts · 35 votes
    6y

    @Felicia Hamilton THANK YOU for putting a smile on my face, lol.  I know this is not a humorous situation for you, but your descriptions setting the "scene" provides a needed laugh :-) during Covid.

    1Reply
  • Felicia Hamilton
    OP
    Rental Property Investor · Atlanta, GA · Member since 2015 · 56 posts · 31 votes
    6y

    @Chris Mackinlay I offered money (see my initial post) they refused. At this point I’d rather pay someone to do actual work than pay them for nothing.

    @Richard G I live in Atlanta, but this particular property is outside the city of Atlanta.

    I’m not going to worry about it. I mean, I will eventually, but I’m not going to go crazy. I was in the midst of “crazy” when I posted this... having fantasies of throwing all the tree limbs in their yard. 😂

    0Reply
  • Chris Mackinlay
    Midland, TX · Member since 2015 · 90 posts · 75 votes
    6y

    @Felicia Hamilton

    Sorry. I missed that!

    0Reply
  • John Teachout
    Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    6y

    The city of Atlanta has a tree ordinance but I'm not aware of anyone else in the area that does. At least none of the areas south of Atlanta that we do tree work in do.

    If you tell the contractors that they may not encroach on the neighbors property does that mean they can't do the job? What if there was a line fence? If you need to cut down a tree to get it done, just take it down and get it done.

    And lastly, do you HAVE to put this sewer line in now? Can it be done after the neighbors die or move?

    0Reply
  • Felicia Hamilton
    OP
    Rental Property Investor · Atlanta, GA · Member since 2015 · 56 posts · 31 votes
    6y
    Originally posted by @John Teachout:

    The city of Atlanta has a tree ordinance but I'm not aware of anyone else in the area that does. At least none of the areas south of Atlanta that we do tree work in do.

    If you tell the contractors that they may not encroach on the neighbors property does that mean they can't do the job? What if there was a line fence? If you need to cut down a tree to get it done, just take it down and get it done.

    And lastly, do you HAVE to put this sewer line in now? Can it be done after the neighbors die or move?

    Folks as ornery as her will outlive us all.  The deadline was April 1. I imagine they will give everyone an extension given what’s going on.

    0Reply
  • John Teachout
    Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    6y

    Did you talk to the neighbors yourself or did the contractor?

    Do the neighbors have a clear understanding of exactly what is going to happen?

    Is there some little project that you could have the contractor do for the neighbor while they have equipment there? ie, do they want a stump dug out or a little flower bed cleared or?

    My guess is that the neighbors aren't trying to be ornery but are afraid of something. Maybe if the contractors put down plywood or plastic so no dirt or tread marks would take place or whatever.

    0Reply
  • Felicia Hamilton
    OP
    Rental Property Investor · Atlanta, GA · Member since 2015 · 56 posts · 31 votes
    6y
    Originally posted by @John Teachout:

    Did you talk to the neighbors yourself or did the contractor?

    Do the neighbors have a clear understanding of exactly what is going to happen?

    Is there some little project that you could have the contractor do for the neighbor while they have equipment there? ie, do they want a stump dug out or a little flower bed cleared or?

    My guess is that the neighbors aren't trying to be ornery but are afraid of something. Maybe if the contractors put down plywood or plastic so no dirt or tread marks would take place or whatever.

    I spoke with her myself.  She had the same work done less than a year ago.  She knows exactly what I’m needing to do and she is clear that the pipe will be on my property.  She’s not interested in little projects, big projects or money... Granted, her dirt will be disturbed.  But I would make sure it was put back in place.  I think she just likes the spectacle of it all.  

    0Reply
  • Account Closed
    San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    6y

    Well, it would be considered trespass whether you cut down a tree knowing branches would fall on her property, or went onto the property with a backhoe, etc.  But, she'd have to show a judge that you cost her money or damaged something and she'd have to deal with the time and energy and cost of taking you to court.

    I think it's time to tell her that she can either let you trespass 24" to get a city mandated job done, or you're going to have to sue her for any fines you get from the city until she lets you do it.  I wouldn't give her the option of cutting down the tree.  And your other option to pay her is off the table now.  And tell her it's a real shame she decided you aren't on friendly terms anymore.

    She's being a bully now, and the best way to deal with a bully is to call their bluff.  What a pain, though.  Sorry you're dealing with this.

    1Reply
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