Annoying neighbors

[figmo]

There's a couple living behind me who have been complaining about some branches of one of my trees hanging over into their yard. I told them months ago to go ahead and cut them down, explaining to them that it was their legal right to do so.

Instead, they wanted me to pay 50% of a bill to have someone cut the branches down. I am neither legally obligated to do so nor do I have the financial resources to do so.

Today they somehow got ahold of my phone number and telephoned. I reiterated what I said. That somehow wasn't good enough for them, so they had the police intervene for "conflict mediation." The officers at first were taking the couple's side, but I was able to have one of them come into my house where I explained my situation and the legal situation. It was clear neither officer knew what the law in this regard was. The cop was trying to talk me into renting a chainsaw and having "a guy come in and cut the branches down." I explained this was utterly ridiculous.

IIRC if I tell the neighbor to "go ahead and cut whatever is on your side," they can legally do so and are absolved from any potential lawsuits on my part. IIRC I am not at all legally responsible for the part of my tree that hangs over onto their property.

The neighbors are now threatening to take me to small claims court over this. I am L-I-V-I-D.

Comments

[redaxe.livejournal.com]

What you say sounds reasonable. IANAL, nor do I play one in any entertainment forum. But this is what I'd do:

I would be certain of the law so I could decide on the next step. (That may mean consulting an attorney, or researching the law yourself.) If in fact the neighbors have no claim (after verifying the law), you might wish to notify them of this in some way that can be demonstrated later -- a certified letter, for example. If they then pursue their claim, you not only have a preset defense, but you might want to enter a counterclaim for harassment (and certainly to recover legal costs of defending against their meritless action).

The answer to the cop's attempt to have you "rent a chainsaw etc." is "that sounds great. I told them they could do that; I can't and don't need to."

Good luck kicking some coccyx on this one; it sounds as if your neighbors want the results without doing the work. Too bad for them.

[cellio]

I agree with this. It sounds like they're bullies, so be certain you're right and then counter-claim if they sue (or continue to harrass) you.

[figmo.livejournal.com]

Warren says I might want to go to the District Attorney's office and report the neighbors' harrassment of me (he used to work in the DA's office years ago).