Re: Help with Neighbor dispute
Posted by:
Thurston Moore
()
Date: July 17, 2009 04:21AM
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.