How does the law work in this situation with my neighbor.?

How does the law work in this situation with my neighbor.?

Postby muata2 » Thu Apr 26, 2012 12:36 am

My neighbor installed a zipline partially on my property. The property lines are clearly marked. This was not a mistake. The line (about 50 yards) went deep into my property (about 25 yards in) and was tied onto my tree. When I asked him to take it down he said he wanted to "try it out first". I told him I didn't want anyone on it while its spanning across my property but he insisted to "try it out first". This was not acceptable to me so I cut the line. Now he thinks he can file criminal mischief charges against me for cutting his zipline. Is this possible?
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How does the law work in this situation with my neighbor.?

Postby eoforwic » Thu Apr 26, 2012 12:40 am

No. You have a right to protect your property. Had he gotten on the line, and fallen onto your property, you would have been civilly liable for injury. You were within your rights.
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How does the law work in this situation with my neighbor.?

Postby sherborne16 » Thu Apr 26, 2012 12:47 am

if it is attached to your property, he cant file charges.
you have a right to protect your property. you can tell him you will file trespassing charges for him coming onto your property.
you should have taken it down asap....he would have used it and got hurt on your property and he would sue you for him getting hurt on your property
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How does the law work in this situation with my neighbor.?

Postby gofraidh34 » Thu Apr 26, 2012 12:55 am

He can try, but as soon as the police investigate and find that you warned him and that the line was attached to your tree, he will get nowhere.
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How does the law work in this situation with my neighbor.?

Postby caffar » Thu Apr 26, 2012 1:01 am

hes in the wrong here
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How does the law work in this situation with my neighbor.?

Postby jocheved » Thu Apr 26, 2012 1:04 am

He can threaten all he wants. It's your tree on your property and you can "trim" that tree within the ordinances for your town. If the neighbor got hurt on that zipline over your property, they can sue you. It was actually the RIGHT thing to do having it removed.

While your neighbor won't get anywhere trying to press criminal charges against you, your relationship will certainly be strained.

And since it's already strained, you could remind your neighbor that they are no longer welcome on your property and that the next time they enter your property, you will call the police for trespassing.
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How does the law work in this situation with my neighbor.?

Postby werner72 » Thu Apr 26, 2012 1:10 am

About the only way you could be in legal trouble would be if you cut down the zipline while somebody was on it.

The rope tied to the tree on your property is abandoned property, which you may do with as you please.

Another exception might be if the place where you cut the line was over his property, but from your description, it sounds like you didn't do that.

He can certainly report it to the police, and if he makes a convincing claim to them that it was completely on his property, you may even be arrested and taken to jail. But once you show proof that the line was on your property, that charge gets dropped, and now you have a nice civil suit you can file against him for all the suffering and attorney's fees you rang up due to his malfeasance.
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How does the law work in this situation with my neighbor.?

Postby aviya » Thu Apr 26, 2012 1:16 am

I should think not. The neighbor trespassed on your property to put it up, and if someone gets hurt on it on your property, you can be held liable. As far as filing any charge against you or suing you, he hasn't got a leg to stand on.
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