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Neighbors cut down my maple. How pissed should I be?

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jmowreader Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 03:30 PM
Original message
Neighbors cut down my maple. How pissed should I be?
My lot is a quarter-acre and the back 35 feet of it looks like triple-canopy jungle. Lots of trees, plenty of birds and squirrels. It's nice.

One of my neighbors has decided to "pimp" her yard. Basically, they've taken a house in a $70,000 neighborhood and, after clearcutting the whole yard, put so much mismatched crap in the back yard, and so much ugly-ass plastic (plastic siding, plastic fencing, plastic shutters, you name it and if it's plastic, they got it) all over the area that I'm fairly certain my assessment's going up $10,000 next year based on comparative value. (How the hell else would the city be able to claim to have lowered your tax rate and still spend money like it was going out of style?)

Now for the good part: A couple weeks ago, the wife asked me if she could have her yard man "trim" the area in my yard next to the fence, because some of the growth was touching the fence--according to my deed, that fence is a foot inside my yard for some strange reason--and she didn't like it. Not wanting to be a bad neighbor, I said sure. I figured maybe they'll just get the plants off the fenceline.

I come home today to find that to this woman, "trim" means "eradicate everything within ten feet of the fence, including the 40-foot maple tree, and leave all the cut vegetation in their yard because I don't want to pay for the time to have it cleaned up."

And HOW they cut down my tree was just so wonderful: the guy took a chain saw, cut halfway through it, and shoved so there's a big busted-off splinter sticking up, and left it there. It's laying on the roof of my shed and there's a big-ass dent in the roof where it hit.

I trudged over there and asked when all of this stuff, especially the maple, was going to be removed and the shed was going to be fixed. "Why should I do anything? It's all in your yard. And you should clean up your yard, cut down all those trees and all those plants, because I don't like them."

The conversation ended there. Needless to say, not only am I not going to change my yard to please this woman's aesthetic sensibilities, I'm highly considering buying about a truckload of fresh cow shit and five hundred pounds of 10-10-10 fertilizer and working on getting the plants she had cut down to grow back bigger than they were.

So! Whatcha think: how pissed should I be?
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Maine-ah Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 03:32 PM
Response to Original message
1. lawyer.
or find legal advice from a reputable source.
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China_cat Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 07:08 PM
Response to Reply #1
34. Ditto. Double ditto.
You have cause for action.

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Random_Australian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 01:16 AM
Response to Reply #1
59. Seconded. Lawsuit the bastards.
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mtnester Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 07:27 AM
Response to Reply #1
62. Pronto - lawyer
immediatly...as fast as you can
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dpbrown Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 11:41 AM
Response to Reply #1
74. Lawsuit pissed

Holy crap. AND you need to sue to have the fence moved at her expense. I don't know what the law is in your jurisdiction, but everywhere if you don't excercise your property rights and someone else does, your land becomes their land after a period of time.

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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 12:37 PM
Response to Reply #1
75. 1) police report 2) restraining order 3) lawyer OR small claimscourt
Edited on Mon Aug-07-06 12:38 PM by elehhhhna
GET PHOTOS and don't touch anything.
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idgiehkt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 03:40 PM
Response to Original message
2. SO pissed.
Man, there isn't enough pissed in the world for how I would be. Do the lawyer thing, definitely. Sounds like you will have to go legal on her from the get-go. And watch your pets if you have them, very closely.

Roof of shed should be reimbursed for, and they should have to pay to have the stump removed. Photograph everything. Call and bitch out the company who the guy worked for and maybe they will volunteer to pay for it if you say you are gonna take them to court.
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 12:41 PM
Response to Reply #2
76. don't forget the cost of replacing a mature tree: $$$$$$$$$$$$$$$
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Ediacara Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 03:43 PM
Response to Original message
3. I would call a lawyer and/or the cops
Edited on Sat Aug-05-06 03:44 PM by DinoBoy
She certainly owes you a clean up of the yard, a repaired shed, and a new tree at the very least.

How pissed should you be? Let me just say I'm fuming by just reading your post...
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idgiehkt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 03:47 PM
Response to Reply #3
6. yeah, ditto on that.
get a police report. You can't remove a tree that way, it's vandalism, and maybe something like reckless endangerment. Ten bucks says she said 'just hurry up and do it, and just push it over, before he gets home.'
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KurtNYC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 09:13 AM
Response to Reply #6
66. sounds like from the second conversation (eg. you should cut everything)
that she lied when she got you to agree to "trim" -- she had removal in mind even then.
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 12:41 PM
Response to Reply #6
77. also trespassing unless the guy had a really looooooooong sawblade.
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Ediacara Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:03 PM
Response to Reply #3
16. Oh, and by "new tree," I mean a forty foot tall maple
not a sapling in a gallon bucket.
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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 08:17 PM
Response to Reply #3
46. Yep. And -- insist that the stump be removed to ground level.
That could cost the sh!theads a pretty penny ...
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Idylle Moon Dancer Donating Member (421 posts) Send PM | Profile | Ignore Sat Aug-05-06 03:46 PM
Response to Original message
4. reading stuff like this makes me want to be a lawyer
Were I in your shoes, I'd sue them so hard they'd have to move into a toolshed or something.
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nuxvomica Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 03:47 PM
Response to Original message
5. Try "royally"
I'd get a lawyer.
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Fleshdancer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 03:50 PM
Response to Original message
7. sue her ass
She needs to remove the tree, fix the big splinter, repair the roof of your shed AND move her damn fence off your property. This is complete bullshit. Please don't let her get away with this.
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Blue Diadem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 04:05 PM
Response to Original message
8. #1, call the police and file a report.
It's probably a civil matter but they can advise you and should at least take a report..and it lets the cops know what kind of person lives at that house. I suggest getting a lawyer. Remember to document everything that has transpired and to take pictures or video. Don't forget to include not only the cost of cleanup and repair to the shed roof..but also the cost of a maple the approximate age of yours.

I share your frustration..I have a neighbor who has told me that the farthest section of my back yard "looks like it should be his yard"..whatever the hell that means. He also threatened to show up with a chainsaw when I planted some small evergreens. I suspect he was the one who snapped off the tops of them not long after they were planted..but I can't prove it. Funny thing is..here it is some years later and the trees have compensated for the broken tops and are continuing to grow upwards!

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QuestionAll... Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 04:16 PM
Response to Original message
9. you shud be extremely Pissed!
the nerve!

we went through a somewhat similar tree thing last year. Hubs parents sold the house they were in for a couple years (which was in my hubs name - they were in trouble and needed help) and our rightwing asshole relatives decide to 'help' clean it up for the resale - and cut down a useful tree in the front yard (it provided shade, privacy and hid a bit of things not so attractive on the patio-like entrance) WITHOUT ASKING US. Damn I was raging mad at that.

I still have this revenge dream where I come to Their house with a chain saw in the middle of the night...
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leftofthedial Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 04:17 PM
Response to Original message
10. 40-foot maple tree:
Edited on Sat Aug-05-06 04:32 PM by leftofthedial
$10,000


new shed:
$35 per square foot


punitive damages:
$25,000



good lawyer:
priceless
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regnaD kciN Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:57 PM
Response to Reply #10
27. More than that, folks!
That $10,000 (if the figure is correct) is just for a new tree. You also have to clean up what's left of the old tree, including the stump, and will you ever be in for a surprise when you find up how much that's going to cost.

When the neighbor's second Douglas Fir came down in our yard in a windstorm earlier this year, I was able to get another neighbor (who heats his home entirely with wood) to cut up and haul away the trunk for no charge. However, that left a pile of branches and debris that cost $375 to remove. And why did it cost $375? Because I was lucky enough to get a low bid from a small-time service -- the main yard services had all quoted me over $500. I would have to assume that removing an entire tree will be well in the four figures, and stump grinding will be much more. I hope you find a good lawyer soon!

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sarge43 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 04:23 PM
Response to Original message
11. Mega-pissed. Can you afford a lawyer?
If you can, take no prisoners.
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The Velveteen Ocelot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 04:27 PM
Response to Original message
12. Industrial-strength pissed sounds about right to me.
You might want to contact a lawyer, or at least take this fuckwit to small claims court yourself. Then, of course, start planting stuff that will grow very big, very fast. Some poison ivy/oak/sumac might be nice, too. Or a tree that produces bad smells (female ginkgo) or messy fruit (female mulberry)(both trees are dioecious). Mulberry trees would be especially nice because they make fruit that birds eat and shit purple all over the place. Then there's buckthorn, if you live in the North. Nasty, pernicious, prickly stuff; the pit bull of the plant world.

God, I would be SO pissed off!

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midnight armadillo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 07:08 PM
Response to Reply #12
33. black locust too
Fast growing tree, covered in thorns, drops giant seed pods everywhere, impossible to kill.
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China_cat Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 07:11 PM
Response to Reply #12
36. kudzu would work well, too.
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Vinca Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 04:29 PM
Response to Original message
13. You should be mega pissed.
I'd sue her ass off.
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graywarrior Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 04:36 PM
Response to Original message
14. I would have chewed through my teeth already.
Sue. Big time.
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 12:46 PM
Response to Reply #14
79. I'd considering salting her lawn (IDIOT LIVES HERE) but
they like plastic better than plants, anyway.
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Truthiness Inspector Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 04:38 PM
Response to Original message
15. You should be VERY pissed
Like some of the others here, I too am pissed just reading it.

Take pictures of what they have done.

I would also find out from your city/county to see if they should have gotten a permit to hack down that tree the way they did. It could have fallen any which way and injured people or caused property damage.

Most of all, what ASSHOLES you have for neighbors.
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Kali Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:40 PM
Response to Reply #15
20. it DID cause property damage
I would be dangerously pissed.

Take pictures NOW, decide what to do whenever, but get those pictures. Make copies - back up those copies.
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jobycom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:11 PM
Response to Original message
17. Different advice than others (a little):First, chill. Relax. Take a breath
Now, you have a right a right to be furious, but being furious won't get you anything, and you'll waste too uch of your life on someone who doesn't deserve it. Second, if they own the property, they will be right there for a while, and there's not point getting into a war which makes you work harder. Don't plant the plants and haul in the manure just to make her mad, it'll just be more work on yourself.

Now that you're calm, and thoughts of revenge are gone, you need to make a rational assessment of what she did wrong, what you actually did give her permission to do, and what she needs to pay for. The tree is worth money. The shed is worth money. The clean-up will cost you money. Unless you signed something authorizing her to come into your yard and cut this stuff down, or unless you spoke to the yard workers and gave them specific permission, she's got no defense in court. You can say you authorized her to trim a little back, and she can't prove otherwise. She came onto your property and did a lot of damage, and did not have specific permission to do any of it if it wasn't written down. For that matter, you could even deny giving her permission, and she would have no proof that wasn't true.

I'd call a lawyer first. I'd call a tree expert to get a value for the tree. I'd get an estimate for clean-up. I'd do it right now, before the leaves on the tree die, so she can't claim the tree was dead and was a hazard. If you know her yard man, tell him you are going to charge him for the damages, since he had no permission to be in your yard. He'll likely blame it on her, in which case you can get a statement from him that she told him to do it. Unless the lawyer says otherwise, I'd make a list and go speak to her. Show her the damages. Explain that she had no permission. Explain that you'd like to settle this in a friendly way, even offer to make a few concessions if she pays for the bulk of what you need done. If she refuses, let her know you've got an attorney, and if it goes to court you'll add attorney and court fees, not to mention her attorney's fees. Try to be nice, try to stay her friend. Record what you two decide. If you make an arrangement, write it up and both of you sign it. All that will look good in court.

When that fails (it will, but it's worth a try), do what your attorney advises in terms of police reports and all that, and have fun.

But just don't let it ruin your life. Revenge is just wasted time.
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The Velveteen Ocelot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:25 PM
Response to Reply #17
18. You're right of course; good advice.
Edited on Sat Aug-05-06 05:25 PM by ocelot
But revenge is more fun.

At least thinking about it is.
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jobycom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 06:07 PM
Response to Reply #18
29. Oh, so true!
Okay, indulge in the revenge fantasy long enough to enjoy it, but then let it go before it turns sour! :rofl:
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:54 PM
Response to Reply #17
25. I agree with the reasoned voice of jobycom and would add
that you should get a surveyor out there and mark off the actual boundary of your lot. If the fence is 10 ft inside your line, you absolutely need to notify the neighbors of the boundary in writing. It's an important part of documenting the current dispute. In most areas trimming to the property line is allowed without the neighbor's permission as long as the plants aren't destroyed in the process.
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pitohui Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-11-06 09:19 PM
Response to Reply #17
98. best post ever
jobycom comes thru again
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Kajsa Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:29 PM
Response to Original message
19. You should be very pissed!

I would be furious!!

Be sure to take lots of photos of the mess
they left, including the damage to your shed.

Hopefully, you have a 'before' picture of the tree.
If not, don't worry. The 'after' picture will do just fine.

Go get 'em!
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ContraBass Black Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:42 PM
Response to Original message
21. .
Edited on Sat Aug-05-06 05:43 PM by ContraBass Black
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Seabiscuit Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:47 PM
Response to Original message
22. Sue the selfish, fraudulent pants off her. Don't get mad, get even.
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JackDragna Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:49 PM
Response to Original message
23. Attorney, now.
Pushy people like your neighbor need to be taught a lesson. Get the law involved ASAP.
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warrior1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:50 PM
Response to Original message
24. Bamboo

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sarge43 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 05:55 PM
Response to Reply #24
26. with mint ground cover. n/t
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 06:03 PM
Response to Reply #26
28. or, dare I say it....
KUDZU.
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sarge43 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 06:15 PM
Response to Reply #28
31. or, after exploring every possible reasonable and legal solution -
TRIFFIDS

"Of course, you know, this means war!"
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jmowreader Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 06:37 PM
Response to Reply #28
42. Actually, I was THINKING of kudzu...
How do you get kudzu started? Do you just take cuttings from it and stick it in your yard?
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China_cat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 10:03 AM
Response to Reply #42
70. If you wish for it, it will come.
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regnaD kciN Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 06:11 PM
Response to Reply #26
30. Ivy, wisteria, moonvine...
...and especially kudzu! :evilgrin:

(These suggestions come from paisley, the plant expert in our family.)

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The Velveteen Ocelot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 06:21 PM
Response to Reply #30
32. Will buckthorn grow in NC?
It's fast-growing, gets pretty big, has sharp spines, and is almost impossible to eradicate.
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midnight armadillo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 07:11 PM
Response to Original message
35. give her buckwheats
:mad:

just kidding
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sbj405 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 08:40 PM
Response to Original message
37. Take pictures today. Document everything. Get a lawyer ASAP.
And yes you should be very pissed. No reputable tree guy would cut on someone else's property without their permission as well.
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schrodingers_cat Donating Member (448 posts) Send PM | Profile | Ignore Sat Aug-05-06 09:49 PM
Response to Original message
38. Free legal advice is sometimes available at your local library or other
public service buildings....I would do a search for 'free legal advice', + your city name.

Your #$*&%&$ neigbor must be related to the one that is directly behind my house. He also claims that anywhere between 18 and 36 inches past the existing fence (into my yard) belongs to him. Funny that that is where the row of quaking aspens is. The same row of trees that hides his %$*&@#
boats and cars from view for most of the year.
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Metta Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 10:00 PM
Response to Original message
39. Police report and a lawyer. I like the cow shit and fertilizer idea.
This woman is apparently dishonest and not a well adult. I can support you not wanting to deal with her and having her deal with the law.
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jmowreader Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 06:43 PM
Response to Reply #39
43. Now, on the cow shit...
After I spread six yards of fresh cow shit on my yard, I've got to properly aerate it, correct?

Last I checked, the only way to properly aerate this agent is to get about a dozen of those air movers the flood-remediation people use, and aim all of them across the six yards of cow shit in the general direction of her house.

And then I must spread a pound of mixed kudzu and morning glory seeds on it.

Would it be wrong to get about five pounds of Noxious Weed seeds and "accidentally" dump them off the roof when the wind is blowing in her direction?
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XemaSab Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-05-06 10:02 PM
Response to Original message
40. Get a lawyer
and have the lawyer call her AND the company that did the trimming.

Threaten to take them both to court and sue the pants off of them, but don't actually do it because by the time you see your money a 50 foot maple will have grown there. :P
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jmowreader Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 06:35 PM
Response to Original message
41. Follow-up one and final
This morning I got my RB-67 camera out, loaded it with film and took some pictures of the devastation.

I chose the RB for pragmatic reasons: I had some film for it in the fridge. But the RB is fuckin' huge, so...

Anyway, I ran one roll (ten shots on a roll) through the camera and was reloading it when one of their kids came out.

"Whatcha doin, mister?"
'Oh, just taking some pictures in case I need them.'

Then I cut the grass, but ran out of fuel halfway through--I don't keep extra gas on hand, just what fits in the mower because it stays fresher that way. I got the can and went to the store for a dollar's worth of gas, which right now is the perfect amount.

When I got back home all the cuttings, including the tree, were out of my yard.
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smitty Donating Member (580 posts) Send PM | Profile | Ignore Sun Aug-06-06 08:13 PM
Response to Reply #41
45. Get the pictures developed, contact city officials, contact a lawyer.
Don't let them get away with this. They owe you a forty foot maple and repairs.
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salin Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 08:46 PM
Response to Reply #41
49. Amazing what a camera can do.
When I bought a house - there was a back corner on the lot, behind the detached garage (that you couldn't see from the house) where folks took to dumping there refuse. When I first moved in, I had the contractors who were doing work on the house haul away the refuse. I had no idea it was a perpetual problem. Once it got cold, no dumping (I guess they got too lazy to do the dumping in the cold?)

Once it got warm again... bingo - nice little dump. Apparently once a month is "large item" pickup for the city - and folks decided that if it wasn't picked up - they should put it on my alley lot and wait for it to be picked up at sometime in the future.

I put up a fence, leaving only a small amount of land (for the alley) - and once again - the dumping began. I had called the city several times - no help. I could report it, but unless I could "prove anything" I would still have to clean it up or eventually face a health department citation. The last time I cleared it - it was okay for a month. Then a couple of bags of old phonebooks were put out (wtf?), the next day two old car batteries appeared, and the next morning a huge metal frame for a couch. ARGGH!


Finally on my third call - I was told that I could put city "no dumping" signs up (with threats of a huge fine). Not satisfied - I bought myself a camcorder and started going at nightly to tape and "discuss" the state of the site. (I started before I had the last bunch hauled out.) Folks at work warned me that I was about to become the "crazy lady on the street." heh. But - the dumping stopped. Since then when I find stuff dumped, I just walk out (in front of the city signs) I don't even have to have the camera. And the next morning... the stuff is gone. 12 pack of empty beer cans I find dumped... after work - gone in the morning (that morning I was ready to move it as it was trash collection day, and if I bagged it it would get picked up)... abandoned grocery cart found one morning... gone the next day.

I attribute it all to the camera.
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Gold Metal Flake Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 08:50 PM
Response to Reply #41
50. Be sure to take pictures showing the tree and stuff missing.
Tresspassing to boot. Document everything. Create a timeline. These people sound like sneaks and cowards. Expect retaliation. Document your house. Take pix. If something becomes damaged, document that.

Better play this one to win.

Oh, security cameras help. They don't have to work, they just have to look like it. You can get flashing LEDs from Radio shack and power them with 9 volt batteries. Put one on the front of each camera. This worked wonders for a friend of mine who's neighbors were frequently coming into his yard to fuck with stuff and throw crap in his pool. They even tried to go to the cops about the cameras, and were laughed at.
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jmowreader Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 09:34 PM
Response to Reply #50
51. I don't think trespassing would work
In my initial contact with this woman, I asked her when her people would be over to clean up the mess they created. One could infer through this statement that I was authorizing them to get their asses over there and clean this shit up.

Which I was. Look, I just wanted the shit GONE once they hacked it the fuck up. I could take them to court, but you know what would happen? I'd be stuck trying to enforce the judgment against them.

The Cumberland County court system is completely uninterested in civil actions. They bring it no money.

There's another problem with me trying to sue anyone in this town: the child-centric nature of our local courts. There is a very good chance that if this woman went to court and claimed that living next to my property is "unhealthy" for her children, I'd be ordered to clearcut the thing.

No, the shit's gone and that's all I really wanted.

'Course, this doesn't mean I'm not still in the market for kudzu and morning glory seeds...
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mtnester Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 07:36 AM
Response to Reply #51
63. If you do not get a survey and get the fence issue cleared up
they could eventually claim the entire strip of your property, through something like adverse possession.

You now allowed them to clear trees from within that disputed area, so adverse possession comes into play even stronger.

DEAL...WITH...THE...FENCE...NOW....get a survey immediately, and if the fence is indeed on your property after the survey markers and pins are in place and located, give them 72 hours, in writing, to remove the fence. If they don't comply, you MUST remove it yourself.

Waiting any longer could result in you losing a portion of your property that you currently pay taxes on and adds resale value to your house., etc., PERMANENTLY

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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 09:48 AM
Response to Reply #63
68. It's CRUCIAL to Deal with the Fence!
There are squatters rights in some states; if there's a property dispute and the neighbor is maintaining any strip of your property, they can eventually claim it.
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spindrifter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 07:07 PM
Response to Original message
44. A load of chicken manure smells incredibly
and the aroma lasts for a long time. Once a gardening neighbor got a load of it and you could smell it all the way to the end of the block. I would probably schedule delivery for a time when I knew the neighbor was having guests or at least on a long weekend when they would be home.
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greatauntoftriplets Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 08:20 PM
Response to Original message
47. Extremely pissed.
Not only have they damaged your property, but the suggestion that you cut down all trees on yours because they don't like them? Jeez, I don't much like your neighbors.
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democracyindanger Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 08:39 PM
Response to Original message
48. Hell, I'm fucking pissed reading that.
If you don't sue her, I sure as hell will.
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Skittles Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 09:48 PM
Response to Original message
52. WHY are you asking us this
WHY aren't you just KICKING HER ASS
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BreweryYardRat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 09:56 PM
Response to Original message
53. You said you won't sue, so...
Edited on Sun Aug-06-06 09:56 PM by seawolf
Get hold of ragweed, crabgrass, etc... seeds. Or at least consider it.
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MoseyWalker Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-06-06 10:08 PM
Response to Original message
54. did they lie about it?
Edited on Sun Aug-06-06 10:09 PM by MoseyWalker
remember the old story about George Washington and the Maple tree. Oh, crap. that was an apple tree.

Hang'em, and hang'em high. Get a good lawyer, if that really exists.

edit 'cause it was a cherry tree (almost wrote cheery tree)
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Straight Shooter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 01:01 AM
Response to Original message
55. Sue them. The next thing they do might be worse.
I'd be crying for months if someone cut down my maple tree, and it's only 4 years old, but I've tended to it with great devotion.

Maples are beautiful, glorious trees.

They should be ashamed of themselves.

I don't say this lightly, because lawsuits are aggravating things and tend to take a lot of time and energy, but I advise you to sue them.

On that bit of sad news, good night and good luck. Thank goodness you have other trees.
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JVS Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 01:04 AM
Response to Original message
56. Her actions demand vengeance! To war!
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AutumnMist Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 01:08 AM
Response to Original message
57. Pissed
I love my trees and if its on your property? You have the say so on what happens and why. Tell her to build a big fence at her own expense and stay the heck out of your business. Call a clean up crew and send her the bill. Because after all....it was she who called the tree "trimmers". And you agreed to a small fraction of what was done. Be pissed. Very pissed. And then for Easter send her some saplings from your new maple tree. Did I just say that out loud? LOL.
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Omaha Steve Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 01:10 AM
Response to Original message
58. Have the court throw her in the....

iron maiden! I'd be so pissed. How did you keep from doing something naughty when you found out?

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Jamastiene Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 03:16 AM
Response to Original message
60. You should take the splinter and cut it into the shape of
a baseball bat and use it on the woman's head. First, you should ask her if it would be okay if you made some suggestions on how she could better fix her hair or some other misleading question like that.

I would be fighting mad. I would be furious. I'll never forget how pissed I was when the neighbors shit pipe exploded in my backyard and they dug a trench for the shit to run under my place overnight. I'll never forget and I'll never be able to look at that redneck motherfucker the same way again. I saw nasty things his girlfriend had flushed overnight too. She could have at least not flushed THOSE THINGS for ONE NIGHT. I forgave him, but I haven't forgotten. I'll never forget. We are civil to one another, but I haven't forgotten.
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 12:52 PM
Response to Reply #60
81. LMAO
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JesterCS Donating Member (627 posts) Send PM | Profile | Ignore Mon Aug-07-06 07:15 AM
Response to Original message
61. Yes Lawyer
We have a similar incident with a Pine tree thats overgrowing onto our deck from the neighbors yard. We know we cant do anything. What she did was illegal. She should owe you a couple hundred for the tree, and the repair/replacement of the shed
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 08:59 AM
Response to Original message
64. Absolutely tear-assed, rip-shit livid.
Edited on Mon Aug-07-06 09:00 AM by Deep13
#1, photograph everything.

#2, police report for trespass, vandalism.

#3, sue 'em.
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ComerPerro Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 09:05 AM
Response to Original message
65. time to take their fence down (I mean, your fence, I guess)
since its on your property, lol
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Rhiannon12866 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 09:27 AM
Response to Original message
67. Extremely.
Take pix, which will come in handy when you sue her ass off. She had no right to do that, nor to try to tell you how to maintain your yard. If you had a yard full of rusted out cars and major appliances, she might have reason to object, but trees and plants?! It sounds lovely to me. The evidence is all on your side.:-(
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China_cat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 10:16 AM
Response to Reply #67
72. We have a neighbor who absolutely hates
anything green and growing. The only reason she hasn't had her yard taken up and replace with concrete is that she can't afford it (she's told us so). And she used to complain long and loud about our 'jungle' out back, had fits about the bush under our bedroom window because somebody could hide in it and jump out at her when she comes home late, etc.

So she called code enforcement on us to try to make us clear the bamboo and tea tree stand in the back. When inspected, it was found that there were several Carolina wren nests. The state bird and protected by law. We were ordered not to even think of touching it. That didn't go over too well to start with but when the inspectors actually laughed at her about the bush, she was livid. They really didn't think that anyone would even try hiding in a 6 foot tall, 3 foot wide, dense holly bush with inch long thorns everywhere. (Even trying to get close to it to trim it was a problem)

She still would complain about our trees and plants every chance she got until I started planting 3 new things every time she opened her mouth about them.

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idgiehkt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 10:00 PM
Response to Reply #72
85. that's hilarious. aversion therapy.
good for you, lol.
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LynneSin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 09:54 AM
Response to Original message
69. I'd rip down the fence, seriously go back there now & start pulling it out
according to my deed, that fence is a foot inside my yard for some strange reason--and she didn't like it. Not wanting to be a bad neighbor, I said sure. I figured maybe they'll just get the plants off the fenceline.


If it's a foot within the property then remove it - just go pull it out yourself.

Then consult a neighbor. If that tree was on your property they have no right to remove it without your permission. You only said they could trim it.
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AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 10:13 AM
Response to Original message
71. This is real legal advice
Your neighbor is liable for double the value of the trees they cut.

NC statutes:

"1‑539.1. Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.

(a) Any person, firm or corporation not being the bona fide owner thereof or agent of the owner who shall without the consent and permission of the bona fide owner enter upon the land of another and injure, cut or remove any valuable wood, timber, shrub or tree therefrom, shall be liable to the owner of said land for double the value of such wood, timber, shrubs or trees so injured, cut or removed.

(b) If any person, firm or corporation shall willfully and intentionally set on fire, or cause to be set on fire, in any manner whatever, any valuable wood, timber or trees on the lands of another, such person, firm or corporation shall be liable to the owner of said lands for double the value of such wood, timber or trees damaged or destroyed thereby.

(c) Any person, firm or corporation cutting timber under contract and incurring damages as provided in subsection (a) of this section as a result of a misrepresentation of property lines by the party letting the contract shall be entitled to reimbursement from the party letting the contract for damages incurred. (1945, c. 837; 1955, c. 594; 1971, c. 119; 1977, c. 859.)"

Both the company who did the cutting and your neighbor are liable.

Please talk to a lawyer and bring this statute with you.

Ooohh, I found another one:

"14‑128. Injury to trees, crops, lands, etc., of another.

Any person, not being on his own lands, who shall without the consent of the owner thereof, willfully commit any damage, injury, or spoliation to or upon any tree, wood, underwood, timber, garden, crops, vegetables, plants, lands, springs, or any other matter or thing growing or being thereon, or who cuts, breaks, injures, or removes any tree, plant, or flower, shall be guilty of a Class 1 misdemeanor: Provided, however, that this section shall not apply to the officers, agents, and employees of the Department of Transportation while in the discharge of their duties within the right‑of‑way or easement of the Department of Transportation. (Ex. Sess. 1924, c. 54; 1957, c. 65, s. 11, c. 754; 1965, c. 300, s. 1; 1969, c. 22, s. 1; 1973, c. 507, s. 5; 1977, c. 464, s. 34; 1993, c. 539, s. 68; 1994, Ex. Sess., c. 24, s. 14(c).)"

That would get them in trouble with the law. Now, nobody is going to jail for this, just get them charged, they plead guilty and get a minimal fine. However the guilty plea is considered an admission of fault, getting them on the hook civilly.






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Solon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 10:19 AM
Response to Original message
73. Call the police, and report it as vandalism, which is what it is...
If the neighbor gets some time in community service, or a month in jail, they deserve it. After that is done, call a lawyer and sue thier ass!
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begin_within Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 12:43 PM
Response to Original message
78. Whatever you do, make it look like an accident.
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wildhorses Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 12:50 PM
Response to Original message
80. this problem requires a solution of a more permanent nature
Edited on Mon Aug-07-06 12:51 PM by wildhorses
by all means take the advice of the fine people here in the lounge but, if I may go one further and suggest some plants that you should fall in love with immediately...
climbing rose bushes
and holly bushes
Just sayin'

they ARE nice plants


doncha just LOVE them;)
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yellowdogintexas Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 09:54 PM
Response to Reply #80
84. Pyrocantha would be a good one. Inch long thorns and it
is quite lovely. Spreads too.

Beautiful red berries in the winter.


Inch long thorns, did I mention that.

and I would kill anyone who messed with my trees.

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freethought Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 02:30 PM
Response to Original message
82. I would go with the lawyer.
The possibility of legal action and expenses will likely put more of the fear of god into your neighbors than anything else. I would be willing to bet they will give you a whiny sort of reply like
"Is it possible we could solve this without lawyers being involved?"
That's the way I would go.
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chaska Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-07-06 04:57 PM
Response to Original message
83. What's with these fuckers that go to war on trees...?
I hate these bastards - and I see this all the time - that are too goddamned lazy to rake. You hate trees, you are my enemy.
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Omaha Steve Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-08-06 01:27 PM
Response to Original message
86. so what are you going to do about this mess?
Please keep us up to date!

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LaraMN Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-08-06 01:28 PM
Response to Original message
87. Wow. I'M pissed FOR you! Update?
:o
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AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-08-06 01:36 PM
Response to Reply #87
88. Me too!
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Throd Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-08-06 01:41 PM
Response to Original message
89. Wait until she is done and then revisit the fence issue.
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achtung_circus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-11-06 07:26 PM
Response to Original message
90. Sure, do the lawyer/legal thing
but I want to address the retribution aspect- my mind works that way, I guess.

Stay away from weed seeds and kudzu.

Get some very good lawn fertilizer, preferably liquid (as there are no granules to be seem) and use said fertilizer at no more than reccomended rates to write large dirty words on their lawn.

There will be much confusion as to why their lawn tells people to Fack Off.

And how do they argue with growing grass. Using Roundup to achieve a similar result makes people suspicious.
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Rabrrrrrr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-11-06 07:33 PM
Response to Original message
91. Lawyer! Lawyer! Lawyer! Lawyer! Lawyer! Lawyer! Lawyer! Lawyer! Lawyer!
Oh, man, this one is gonna be fun!

They are so fucking fucked.

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Rabrrrrrr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-11-06 07:37 PM
Response to Reply #91
92. p.s. - you shouldn't be pissed at all; you should be jumping in joy!
You should be smiling your ass off!
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Rabrrrrrr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-11-06 07:41 PM
Response to Reply #91
93. And screw her in two steps: first for the damage; then property invasion.
Once the lawsuit for the cut tree, the damage, and the cleanup is settled, and she thinks you're all done suing and everything is over and she is nursing her $75,000 wounds and just ready to pour herself a gin and tonic and get ready for some rest, perhaps having drawn a nice hot bubble bath, have your lawyer hand her the papers with the court ordered injunction to get her goddamn fence off your property.

I don't believe in kicking a person when they're down. I believe in ***repeatedly*** kicking the person when they're down.
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Rabrrrrrr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-11-06 07:43 PM
Response to Reply #93
94. And when that second suit is done, then nail her for property devaluation.
Sue her to get all her tacky plastic shit taken down, because it's reducing the property value on everyone's homes. Get the neighborhood to go in on that one.

Like I said, kick 'em repeatedly.
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CabalPowered Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-11-06 07:48 PM
Response to Original message
95. Burning bags of dog crap come to mind
Or lawyer up.
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CC Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-11-06 08:10 PM
Response to Original message
96. A Mulberry tree with purple
mulberries would be a great replacement. Specially if it is trained to lean toward her property. Oh and the berries are tasty too.
My mom used to have one in her backyard until age got it. People warned their kids not to cut through the yard to get to the baseball field after the first time, specially it the kids decided to slide down the hill. The stains are very hard if not impossible to get out of clothes and off shoes. We didn't mind having purple feet in the summer time because we loved eating the mulberries.

I would make her move her fence. The way the code is here any fence has to be 12 inches inside the fence owners property line, not even on the line. If you have a law like that her fence is at least 2 feet over where it should be.


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pitohui Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-11-06 09:17 PM
Response to Original message
97. get an attorney
this is not acceptable, dude
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