An update on the fence

**julieb** · 05-13-2007, 06:45 AM

I haven't been around much this week due to my starting a new job, but I wanted to update everyone on this stupid fence thing.

I contacted my attorney and explained the neighbors were threatening a lawsuit. He sent them a letter explaining what they could and couldn't do according to the law and that they could possibly be charged criminally for cutting down our tree as well as being sued for 3x the cost of the tree according to Iowa Law.

The neighbors called my attorney and were all sweet and nice and asked if they could cut down a branch from our last remaining tree. He told them yes according to law if the branch overhangs their property yes they could. He then contacted me, I went out and looked and there is no branch that would block them building a fence it is an actual tree that is connected to our tree at the base of the tree. They want to cut that part of our tree out to build this fence.

I am worried that it will kill the whole tree. If that tree dies it will cost us alot to remove it, this tree is taller than our two story house! This whole thing is getting crazy and costing us attorney fees as well.

What really ticks me off is we have tried and tried not to sue them or press criminal charges. We have bent over backwards to be decent, kind neighbors.
They lied when they said it was just a branch, it is the damn tree.

I am so frustrated right now. I left a message for our attorney and told him he was conned.

Here we go again to round three. Wish me luck.

**Hollyhandi** · 05-13-2007, 07:08 AM

Good Luck!!!

**Lady_V** · 05-13-2007, 09:36 AM

Ack Julie!

Enough Ms. Nice... he WILL kill your tree if he cuts in to it... you are opening up a can of bees (worms are too sedated) when you cut INTO a tree, termites, rot... the list goes on, and if that tree DOES weaken because of him cutting in to it... is HE willing to replace your roof WHEN the tree falls on it? If not... do you think your Home Owners Insurance will cover a new roof WHEN the tree falls on your house, after the investigators realize that part of the trunk was removed??? A few branches removed won't cause the tree to fall, but removing part of the trunk is like tearing out a load bearing wall in your house and hoping it still stands.
I know you have been really busy lately... but, get out there with a camera, take pics of the tree (from ALL angles) his side, your side and the angle from the roots to the sky, and on his side, the tree in relation to your house.
Call a tree specialist and ask them what happens to a tree if it is cut in to like the neighbor is talking about... if you know a landscaper that is willing to put it in writing, all the better.
Best of luck with all of this. Right now, my outlaws are going through a fence drama too, and we are hoping the neighbor gives up... or moves... I'd buy his house, lol...

**AmyMCGS** · 05-13-2007, 09:43 AM

I agree about taking pics, before they just sneak over and cut it when you're not home. That way you will have proof if needed.

I'm sorry this has been such a hassle for you. I'm glad your attorney is involved now... maybe that will scare them if nothing else.

**Jaded** · 05-13-2007, 09:50 AM

I agree! Take pictures, and tell them that they have NO right to cut into the trunk of your tree. Why can't they just put the fence up with a little jig around the tree? I dont' know how to explain it, but I've seen it done. The fence basically goes in where the tree is to accomodate the tree, then goes back to the property line. What's wrong with that?

I'm so sorry they're being such asses. They CANNOT cut what is on your property. If the tree is growing over their property line, though, you may have to actually take them to court to prevent them from cutting it. I'd suggest small claims court, because it's a lot cheaper.

**julieb** · 05-13-2007, 11:07 AM

Thanks for the support everyone. This is really starting to make me angry. It takes alot to make me mad, really alot. I just don't understand why their fence should cost us money. If this goes to court we will sue them for cutting down our other tree. Enough is enough.

**Libby** · 05-13-2007, 06:53 PM

Um...DUH!
If they're are hellbent on putting up a silly privacy fence, they should bow it or curve it a bit more into their property to accomdate the tree thats supposedily on their side of the property line. They get their fence and privacy, the tree gets to live and clean the air for them and everyone etc. Both parties win. Besides how much are they going to use that actual corner where the tree is?

They must not really want that fence or they would've considered this option by now.

Keep your chin up and take pics to keep as a keepsake and proof for later if needed!