Legal/Ethical Dilemma?

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Posted by Michelle C on January 10, 2005, 12:24 pm
 
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Three years ago, my neighbors were storing a canoe up against the chain link
fence that separates our backyards. It was an eyesore. My opinion is that I
have no right complaining to my neighbors about what they do on their own
property, so I took a pro-active approach instead. I planted some Silver
Lace vines on the chain link fence. This worked very well, and by the end of
summer it hid the canoe, and it looked really nice.

The following year, they got rid of the canoe and planted a flower garden in
its place. Even though I no longer needed the vines, they looked so
beautiful that I kept them.

Now, three years later, they are a magnificent backdrop to the rest of my
flower garden. It's a backdrop to their flower garden too, and they didn't
even have to pay for it.

During teh Christmas holidays, I invited these neighbors over for a holiday
drink, and James said "Michelle, you're going to have to do something about
those vines." When I asked him what he meant, he said that the vines were
growing into their yard and are strangling their plants.

I told him that it's a vine, and all vines need trimming occasionally. I
told him I trim my side of the vine every two or three weeks in the summer,
and it only takes about five minutes each time. I said that's a small price
to pay for having such a beautiful plant that is covering what was an ugly
chain link fence.

He told me that he and his wife shouldn't have to trim it at all, because it
was my vine. He said if I were willing to trim it on their side of the fence
from now on, they wouldn't have a problem with it, but if I don't do this,
I'd have to "do something about my vines". He of course means I should kill
the plants to make him happy.

I changed the topic and wasn't the same for the rest of the evening. I was
insulted that they would come into my home, drink my wine, and use it as an
opportunity to criticize me. Plus, it's winter! Why is he bringing that up
in the middle of winter?

I have already decided that I will trim the vines on their side of the
fence. But now I'm wondering who is right, and who is wrong, in this
situation? Am I right to think my neighbors are cranky? Does the law
obligate me to trim vines that enter my neighbors yard? Should they accept
the minor chore of vine trimming in return for having such a beautiful
backdrop (their words) to their garden?

TIA!
Michelle




Posted by zxcvbob on January 10, 2005, 1:05 pm
 Michelle C wrote:

Your neighbor is an ass, and you can't possibly win this.

If you trim the vines on their side, they will complain you didn't do it
good enough or you stepped on some of their plants or something.  They
will also expect you to keep them trimmed, and to do a better job next time.

If you do nothing, they will probably spray the vines on their side with
weed killer in an attempt to destroy them on both sides of the fence.

Best regards,
Bob

Posted by Michelle C on January 10, 2005, 2:45 pm
 Thanks for your reply, Bob.

I intend to trim the vine as short as possible on their side, so as to
require less trimming, and less bitching from them. It will also deprive
them of the beauty of the plant.

If they still complain, I'll remove it and put up a privacy fence.

- Michelle

PS These same neighbors complain that my oak trees drop leaves into their
yard each fall. I don't think they are reasonable people.






Posted by Warren on January 10, 2005, 5:40 pm
 Michelle C wrote:

And yet you invite them over for a drink?

The only way to deal with unreasonable people is to avoid them. That
would preclude actually inviting them over, and giving them wine.

On the other hand, it really could be that they have different
expectations about the vine. Perhaps they haven't trimmed it because
they're afraid you're an unreasonable person who'll freak-out because
they're chopping away at your vine. Perhaps where they grew-up, people
trimmed plants that went into other people's yards. Maybe they expect
that reasonable people clean-up leaves from their trees that fall on
their neighbor's lawn.

I have a neighbor who doesn't have a tree in his front yard. I have a
huge tree that even extends over part of his lawn. When I vac up the
leaves on my yard, I continue past the lot line, and get the heavy leaf
fall. I don't go and grab every leaf that's blown across his lawn, but
once I'm done, he really doesn't have to rake. If the tables were
turned, I probably wouldn't complain about raking, but I'd notice the
irony of needing to rake when I don't even have a tree.

So maybe they just didn't want to trim your vine. And it's really not so
far out there to expect that you would trim your vine -- even the part
going over the lot line. Perhaps your reaction caught them off guard,
and it's not that they would mind doing it now that they know they're
allowed to. It may just be that they were surprised that you *expected*
them to trim *your* vine.

Maybe they are unreasonable people. But there's not enough information
to tell. They could be reasonable people with different expectations and
customs than you.

--
Warren H.

==========
Disclaimer: My views reflect those of myself, and not my
employer, my friends, nor (as she often tells me) my wife.
Any resemblance to the views of anybody living or dead is
coincidental. No animals were hurt in the writing of this
response -- unless you count my dog who desperately wants
to go outside now.
     Compare the newest tax preparation software apps:
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Posted by Michelle C on January 10, 2005, 6:40 pm
 
"> And yet you invite them over for a drink?

Yes, in the spirit of Christmas and in the hopes that we could get along.
My mistake. Sorry.




That's ridiculous.



Add that is beyond ridiculous.

Hey - you don't live next door to me, do you?