So we have 30 feet of common area between my back yard and the said yard of a neighbor. its a newer development and there are no trees between us. I have a fence and have planted some Leelyns on my property inside the fence. I also want to plant some trees on the common area, just on the other side of the fence. 5 feet off my property line and 25 feet away from their property line. Their deck is much higher than ours and looks down on our property, so i would like to create some natural barrier between us.

I asked the homeowner if they would be ok with me planting these trees. I didn't have to as its not their property either. They said they do not want the trees because their son (11- 13 years old) plays over there, but understand that its not their property and i could do want i wanted. I said did not want to create a conflic between us, they said it would not. So i said i would like to plant the trees. So a month later i planted 2 3 foot trees. 1 week later they were both lying on the ground. i replanted them and added stakes, 2 days later the stakes were broken and branches were all over the ground. I restaked them and replanted them again, later that day my wife said there are kids doing something to the trees, i go out there and thier son has the tree in his hand. I of course was annoyed and told them they have no respect for them to play on thier own yard. This all happen last year. well the trees survied the winter, and in the spring i had to trim them down to about a foot cause they were all dead. they started to get new growth and look ok. well they were getting beat up again, new branches were broken off, stakes broken again. SO i got tired of replacing the stakes and put rebar around them.

2 week later the husband asked me to remove the rebar as they were afraid the kids would get impaled. (I have not seen his or any kids out there all summer). i told him, no problem, as long as they don't destroy the trees anymore. He said he would talk to his son. Well i was busy and did not get to take them out, 2 weeks go by and on a Monday i got out to replace them with new stakes i just bought and found 2 of the rebars in my yard and 3 of them driven into the ground to prevent my gate from opening. Now i know it was the wife and not the husband because he was at work. I went to talk to her and she just yelled at me so i walked away as i could see this was going no where. I am in contact with the HOA about this.

so am i crazy to think they are over reacting? Am i being stubborn because i want trees there. I mean there is no shade, the grass is dead and no cover between the houses. i thought i was doing everyone a favor. I just don't get it.

Since it's not your property, what give you the right to plant stuff there? I don't think you were "doing everybody a favor" considering your neighbors didn't want trees there. Your best course of action is to appeal to the HOA. If your HOA is anything like mine, they will tell you that since it's common property you can take care of it on your own as long as your neighbors are fine with it. They will then likely make you fill out a form to take to any neighbors that will be affected by your trees (i.e. in the line of sight) and have them sign off.

If your immediate neighbors object, then you're probably out of luck. However, since it is common area and technically should be maintained by the HOA, you may still luck out as they could agree with you and put some natural barriers up on their own.

Sometimes there are plans on the books to plant/install things like natural barriers but they get forgotten about.

__________________________________
That's not a ladybug, that's a cannapiller.

Passive-aggressive neighbors are HORRIBLE. Sorry you had this happen. Your idea to plant a few trees was a great one for both sides, and they were jerks about it.

Sometimes being a nice person stinks. Especially in Fairfux County.

Land mines. No need for a plan B. If pops was concerned about impaling on a rebar, wait til he sees this.

Be interesting to get the other side of this story, cause you come across as an angel with devil neighbors.

Otherwise, usually the common area is just that, common area. People tend to do what they want, legal or not. Planting a tree on land that isn't yours is the risk you take. Maybe buy bigger, more mature (more $$) trees the kid can't destroy as easily.

there are a few other houses that are effected by the trees and they were happy to see them go up. So when i said everyone i was including the other houses not just the 1 neighbor. It's not my property, that right. Its not theirs either and they seem to think it is theirs because he mowes the dead grass.

I have only tried to protect the trees and they seem to beat them up.

I am sure their side of the story will be we don't want them there. But who does not want privacy? That is the one thing i don't understand. If you sit on their deck you look at the back of 4 other houses. Wouldn't you want to not see that? I just see that as weird.

If you are not the owner of the property, it is not your right to do anything about it. If you planted trees somewhere that is not your property, you do not have the recourse to complain about what happens to them.

You probably want to bring the privacy issue up to the HOA and let them know you'd like to have trees planted on the "common area" (I've never heard of this until now). If the HOA does it, then your neighbor can get in trouble for damaging the trees.

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13 4826 0948 82695 25847. Yes.

reefin Wrote:
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> I asked the homeowner if they would be ok with me
> planting these trees. I didn't have to as its not
> their property either. They said they do not want
> the trees because their son (11- 13 years old)
> plays over there, but understand that its not
> their property and i could do want i wanted.

These sentences here project the opinion that somehow, your wishes for the common area outweigh your neighbors'. It's a common area. They have as much right to use it for their purposes as you do.

Let's rephrase your last thought:

"I understand that it's not my property and they could do as they wanted."

See how that works?

You have to live next to these people. It would benefit everyone of you could bury your differences, and work something out that works for all of you.

Not sure why you'd plant trees on common property. If the HOA owns and maintains that property, they are also liable for it. If anyone gets hurt the HOA is the one that gets sued. Most HOA boards want to know before residents start messing with the common property.



Edited 1 time(s). Last edit at 07/16/2009 03:01PM by KristaD.

I approve of that message.

I think ... you have every right to fume but no right to complain. It sucks that it came out like that, but at least now you know to be cautionary around those neighbors and that they are not trustworthy.

You should let it go and find some other solution that you have more control over.

Some neighborhoods also have common areas that are actually areas covering gas/water pipelines. They are not allowed to have trees etc plant on them. Your HOA may deny a request to plant stuff there if this is the case for you.

If it's an easement you shouldn't be planting anything there anyway.

my question is why would someone not want trees there? i mean it would provide something nicer to look at, provide shade for the grass and they would not have to stare at 4 houses.


Whats an easement have to do with it?

I know its not my property.

reefin Wrote:
-------------------------------------------------------
> my question is why would someone not want trees
> there? i mean it would provide something nicer to
> look at, provide shade for the grass and they
> would not have to stare at 4 houses.
>
>
> Whats an easement have to do with it?
>
> I know its not my property.


If it's an easement, it means to city or county have the right to get access to it. That means you can't put anything permanent there because the city or county may have to remove it to get access to whatever is in the easement, be it sewer lines, utilities, cable, etc, etc.

WashingTone-Locian Wrote:
-------------------------------------------------------
> reefin Wrote:
> --------------------------------------------------
> -----

>
> If it's an easement, it means to city or county
> have the right to get access to it. That means you
> can't put anything permanent there because the
> city or county may have to remove it to get access
> to whatever is in the easement, be it sewer lines,
> utilities, cable, etc, etc.

ahh thanks

every time you see his wife on their deck be sure to yell out that you can see up her skirt... then maybe they'll plant some trees.

What is it with you?

Want trees in the common area? Go ask the owners (homeowners association) to plant them. They may have good reasons not to.

Cease acting like a self centered jerk. Don't sink rebar into a common area, and don't put stakes or trees in it either.

And don't act surprised when others don't agree with your view of the world. Obviously someone is reacting negatively to your narcissism.

put an electric fence up and then entice the kids to climb on it they will stay away

Not to mention the dude asked him nicely to remove the re-bar out of concern for his kids' safety and he was "too busy" to remove them for two weeks!

reefin has no self awareness Wrote:
-------------------------------------------------------
> What is it with you?
>
> Want trees in the common area? Go ask the owners
> (homeowners association) to plant them. They may
> have good reasons not to.
>
> Cease acting like a self centered jerk. Don't
> sink rebar into a common area, and don't put
> stakes or trees in it either.
>
> And don't act surprised when others don't agree
> with your view of the world. Obviously someone is
> reacting negatively to your narcissism.

I also agree with bdimag's skirt method...

It depends upon where you live though, which determines what you can or cannot do to the "Common Property". Where I live in Reston, you MUST have prior approval by the Reston Association to modify the Common Property in any way, shape, or form (Minus taking care of it, which might include cutting grass, trimming trees, or clearing out underbrush). As a matter of fact, you need RA permission just to add an additional WINDOW to your house, or to perform any exterior structural modification to the house period (Minus something minor like painting your door for instance). If you live elsewhere in Fairfax County, you may need to seek county approval for such an act. When seeking approval btw, you typically need your adjacent neighbors to sign-off on such measures.

You did the right thing by asking your neighbor for their initial approval, but you need to run your proposed idea through your local governing body so that it can be made official. I can understand the necessary approval as well, because the Common Property next to my house is the one thing which gives us some privacy, and increases our home value (It really adds on to our pre-existing Property). I would completely detest someone simply coming through and tearing out the trees however, and thank God I have great neighbors (on the side of my property in question) who think the same way. I have some inconsiderate neighbors as well, but hey, that's a different story.

reefin Wrote:
-------------------------------------------------------
> my question is why would someone not want trees
> there? i mean it would provide something nicer to
> look at, provide shade for the grass and they
> would not have to stare at 4 houses.
>
>
> Whats an easement have to do with it?
>
> I know its not my property.


In my neighborhood we have a huge easement for the Oil/Natural Gas Pipeline which runs from the Fields of Texas, to the Refineries of NJ. Upon this particular easement, you cannot plant ANYTHING except for grass, and possibly some plants here or there. You also cannot run Fiber-Optic cable through the area, due to the depth limitations (I'm glad I live on the right side of the Pipeline). The easement did us some good as well when the local authorities wanted to tear up our Common Property in order to build a utility road through it, with which they could transport equipment to repair a dam nearly Half-a-Mile away. Fortunately, the Oil Company told them that they could not do it, because the road would have to cross over the Pipes. So the bottom line, is that easements can work for or against you.

landmines + covered pit w/tiger + rottweilers = trees - obnoxious kid + backyard entertainment

reefin Wrote:
-------------------------------------------------------
> So we have 30 feet of common area between my back
> yard and the said yard of a neighbor. its a newer
> development and there are no trees between us. I
> have a fence and have planted some Leelyns on my
> property inside the fence. I also want to plant
> some trees on the common area, just on the other
> side of the fence. 5 feet off my property line and
> 25 feet away from their property line. Their deck
> is much higher than ours and looks down on our
> property, so i would like to create some natural
> barrier between us.

You can't just up and plant trees on property that you don't own. Firstly, those trees will get mowed down by the landscaping crews (assuming your community has any on contract). Second, if you're planting trees, you're digging. Common areas like the one you described typically have power, telephone, cable, water, and gas lines buried in them because they give easy access to the back of each home. Did you call Miss Utility before digging? I doubt it as you don't even realize that you CAN'T PLANT THINGS ON PROPERTY YOU DON'T OWN.

> I asked the homeowner if they would be ok with me
> planting these trees. I didn't have to as its not
> their property either. They said they do not want
> the trees because their son (11- 13 years old)
> plays over there, but understand that its not
> their property and i could do want i wanted. I
> said did not want to create a conflic between us,
> they said it would not. So i said i would like to
> plant the trees. So a month later i planted 2 3
> foot trees.

You asked them if they would be ok, they said no, and then you did it anyway? Why the fuck did you ask if you had no intention of respecting their wishes, which you supposedly cared enough about by asking in the first place. They aren't the problem here. You are.

> I am in contact with the HOA about this.

Good luck with that. I'm sure their first question will be, "Who gave you permission to plant on common area property?" and after hearing your response I'm sure they'll say, "Remove your trees immediately and pay to have the ground restored to its original pre-tree/stake/rebar condition.

A Mossberg 500 settles all neighbor disputes.

Dude, you are beyond help. The only reason your HOA hasn't hit you with a letter from its attorney demanding that you remove those trees is because they haven't heard about the trees...until you contact them.

You should have inch-thick booklet with the covenance for the community. If you actually read it, you would see that, even if it were your property, odds are you would need the neighbors on either side of you to sign off that it is okay for you to put the trees in and that you submit the plan to the HOA for approval. The fact that you put the trees in a common area...owned by the Association...without asking the HOA, without getting approval from your neighbors, without submitting paperwork and in total violation of any covenance I have ever heard of, I will venture to guess that the trees will be gone and you will have some really raw feelings between you and your neighbors who, in fact, have been way too accommodating since I would have called the fucking HOA the first time I saw your shitty trees.

I wonder why people hate HOA's so much....

RESton Peace Wrote:
-------------------------------------------------------
> I wonder why people hate HOA's so much....



LOL. I understand the need for the HOA's, but sometimes I wish they would just butt out of people's business. I thought it utterly stupid that we needed to contact ours just so we could put an extra window onto the side of our house.

ThePackLeader Wrote:
-------------------------------------------------------
>
> LOL. I understand the need for the HOA's, but
> sometimes I wish they would just butt out of
> people's business. I thought it utterly stupid
> that we needed to contact ours just so we could
> put an extra window onto the side of our house.

Yes, it's okay to have rules about parking rusted out cars on your front yard or building an enormous addition onto your house that butts right up against your property line, but a damn window?

My HOA has a list of approved exterior paint colors, and you even need approval for certain types of rain gutters. Some of it is getting a bit anal, probably because bored retired people and housewives are the only people with enough time to be on an HOA board, and unfortunately, those types have WAY TOO MUCH time on their hands.

why not just plant the row of trees at the end of your actual property. then if the neighbors mess with it or break things you could get the police involved. get the mom a destruction of property charge and i bet she'll leave your shit alone.

MrMephisto Wrote:
-------------------------------------------------------
> If you are not the owner of the property, it is
> not your right to do anything about it. If you
> planted trees somewhere that is not your property,
> you do not have the recourse to complain about
> what happens to them.

its still destruction of his property, since he purchased the trees that were being destroyed.

landmines + covered pit w/tiger + rottweilers = trees - tree hugging busybody + backyard entertainment

LOL. The kids will put an electric fence up and then entice the you to climb on it: that will kepp you off the common property

Land mines. No need for a plan B. If your wifey was concerned about the kids impaling you on a rebar, wait til she sees this.

Be interesting to get the other side of this story, cause you come across as an a devil with angel neighbors.

Otherwise, usually the common area is just that, common area. People tend to do what they want, legal or not. Planting a tree on land that isn't yours is the risk you take. Maybe buy bigger, more mature (more $$) trees so the kid can destroy that one too.

im sorry for all of the troll answers above, but i would probably use the tiger pit idea. Its the most humane solution

kill them, kill them all. and then post about it

Love thy neighbor



but if I could say anything beyond that, on a sidenote, your an idiot, stick to your own property, your neighbors are dicks too

Plant some poison ivy all around the tree, maybe some poison oak, too.


But seriously, "Common property" is just that. Common. Everyone is going to have their own idea about what that means and how they choose to use it. Thus, there are rules governing how that property is used, and what can be planted or built upon it.


As dickish as your neighbor may or may not be, you are also sort of being dickish. You decided that they gave you permission, sort of, by saying they don't want trees there since their kids play there, but since it was common property, "you could do what you want", when all they were trying to do was avoid a conflict.

In reality, since it is common property, you really can't do what you want on it.

You do understand what "common property" means, right? In a neighborhood, there is common property, just like in a town or city there is a "public park". The park is open to the public, and technically owned by the "collective members" of the town or city, but you really cannot do whatever you want on it. You can't build a dog park or put up swing sets without the approval of the town or city.

"Common property" doesn't mean that you actually own it commonly with other people. It means it is held in trust, for the use of all, by some entity that you may or may not have a say in.

Maybe if you had ever lived in a condo, you'd understand "common property" a bit better. The hallways, elevators and lobby and any laundry rooms, or whatever are considered "common areas", but you would definitely not be able to paint the walls of the lobby, or put in plants or do anything to modify those areas. They are "common" only because every owner has a right to USE those areas, but not because they have a right to MODIFY them.

Common access, not communal ownership.



Edited 2 time(s). Last edit at 07/17/2009 04:27AM by Thurston Moore.

whew, you guys are harsh, good thing its not THAT big of a deal. I see everyone's point and thanks for all the nice things that were said. :)

problem solved Wrote:
-------------------------------------------------------
> landmines + covered pit w/tiger + rottweilers =
> trees - obnoxious kid + backyard entertainment

Your Science is strong!

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13 4826 0948 82695 25847. Yes.

YO YO YO DONT BE SUCHG A FUCKING PYSSY HOMIE, KICK THE SHIT OUT OF THE DOG YO, FUCKING PUSASY SCARED OF A DOG

Is trebor the new lolcat?

Kenny_Powers Wrote:
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> Is trebor the new lolcat?


more like a snikaCAT...