Check out some similar questions!

arveejay · Sep 25, 2012, 08:52 AM

I live in a suburb of Lincoln Nebraska. My neighbor has been a royal pain for years. He has several trees that shed Helicopters in the spring and loads of leaves in the fall. They hang over my property and prevent sunshine from melting snow and ice in the winter. His latest thing is that he paid to find the lot line, strung a line and built a privacy fence right on the property line. The fence is 8 ft. tall and really blocks the view. The fence was built with sub standard lumber and it is sagging and bowing and really looks bad. I am under the impression that there should be a setback of some sort meaning the fence should not be on the property line and set back a ways. I'm also told that the fence should not exceed 6 ft tall. I'm also told the finished side of the fence should be on his side of the fence and not mine. My information was not received from anyone that knows for sure, just opinions. I'm at my wits end and I'm thinking about pursuing legal action. Do I have a chance?

smoothy · Sep 25, 2012, 10:46 AM

As far as setbacks... and height limits... those are a county or City zoning issue... the state doesn't determine that. As well as anything else fence related.

Some localites don't require the nice side put on the neighborm some others don't have a setback. If you provide that information someone can give better information.

As far as the tree... you can trim limbs that overhang your property, however if the tree is damaged in any way you can be held liable in court and mature trees have significant cash value.

Deal with the leaves and seeds... its his right to have the trees. If a privacy fence blocks the sun... thats also your problem as long as the fence conforms to local codes.

ebaines · Sep 25, 2012, 10:47 AM

Laws regarding allowable fences vary by community, and also many residential subdivisions have theor own homeowner's association (HOA) with local rules reagrding fences, so you need to call the zoning office and/or HOA (if you are part of one) and ask them these questions. . If his fence is in violation they will get him to rectify it - you should not have to pursue any legal action on your own.

The tree does not seem to be an issue - he has the right to maintain the trees that are on his lot as he sees fit, but if the tree actually hangs over your property you proably have rights to trim it back to the property line if you choose, but again rules vary.

Hot Corn Bread · Sep 28, 2012, 05:57 AM

Cut the limbs correctly and paint the tree side cuts.
Don' t forget to make a compost pile in your yard with all those leaves and your daily kitchen scraps. Make deep openings in the pile for egg shells, coffee grounds, tea bags, veggies, leftovers, paper towels and black and white newsprint (no meat or fats). You can even pour trucker bombs on it.. Later, you'll have plenty of gardening soil.

joypulv · Sep 28, 2012, 06:42 AM

Even my tiny town puts their zoning regulations online. I imagine you can look up Lincoln easily. Or call city hall.

AK lawyer · Sep 28, 2012, 06:49 AM

Originally Posted by Hot Corn Bread

... You can even pour trucker bombs on it.. ....

"Trucker bombs"? Something like "night soil"?

joypulv · Sep 28, 2012, 07:10 AM

Human waste can be composted but not as easily as just pouring it on.

smoothy · Sep 28, 2012, 07:33 AM

Originally Posted by joypulv

Human waste can be composted but not as easily as just pouring it on.

But it's a REALLY bad idea to use it on a garden if you do...

JudyKayTee · Sep 28, 2012, 07:46 AM

Originally Posted by Hot Corn Bread

Cut the limbs correctly and paint the tree side cuts.
Don' t forget to make a compost pile in your yard with all those leaves and your daily kitchen scraps. Make deep openings in the pile for egg shells, coffee grounds, tea bags, veggies, leftovers, paper towels and black and white newsprint (no meat or fats). You can even pour trucker bombs on it.. Later, you'll have plenty of gardening soil.

I'm confused - what does this have to do with real estate law and a property line?

AK lawyer · Sep 28, 2012, 08:14 AM

Originally Posted by JudyKayTee

I'm confused - what does this have to do with real estate law and a property line?

Trimming the trees correctly would avoid tend to avoid liability for killing the trees.

But as far as the compost pile is concerned, I for one don't have a clue. :)

ballengerb1 · Sep 28, 2012, 09:05 AM

smoothy and ebaines were on track. Find out what your local codes say about a fence and if a permit was required or pulled. If the fence violates any code report it and demand the city force compliance. The branches and leaves that fall in your yard fron the overhang are your property whether you like them or not, they are yours to do with as you see fit. However, you can not trim branches or pick up leaves and throw them over the fence to his side.