Pruning branches of wetland trees over my property

The wetland is on the association "Property" and owned by the POA (by the fact it pays a small property tax for it). The POA has common areas they maintain (tennis courts, parks &c.) and are now claiming it has jurisdiction over the wetland, albeit the CC&Rs are silent on the topic. After I detected a board director trimming limbs hanging over his lot, I did same and had the cuttings removed by my landscaper. Another board director walking by yelled at me I couldn't do it and that I was going to be fined. I didn't get a fine for over three weeks, we'll see. If another director can do it, how can the BOD fine me for doing same?

It raises the question about hedges and trees hanging over one neighbor's lot. Before my neighbor started building his house last year, his attorney wrote a nasty letter telling me not to trespass on his lot or else ... for 16 years I trimmed my lot bushes hanging over his lot and accessible to me only by "trespassing!"

My neighbor now complains about some of my bushes branches over his lot, I told him to trim them himself.

My question: Can my neighbor hire a landscaper and send me the bill?

Pura Vida

JohnT38

It is a continuation, I couldn't find the "original" and added to it.

Pura Vida

I cannot claim to know the answer, but a quick Google leads me to believe that SC law on these matters is “unusual”.

BillD

He or she might try, but whether you pay it is up to you - and then it's up to him or her to take the next step. I looked at your previous post and between that documentation and the fact that you have cared for the branches hanging over his yard, there's a good chance a judge would tell him to get the F out of the court with this nonsense.

At least that's what I'd be inclined to say - how do you dictate where the tree grows? In wrestling with the tree roots in the sewer line issue our community had some years ago, the primary takeaway was when plan to Y trees or she s, you have to consider their size when they mature. Most developers and people only plant the tree wherever or put the house where, thinking they're going to tell Mother nature what to do. That never works and never will.

I also wonder if this person is a friend of the board member? Wouldn't it be fun if they learned what the Corp of engineers said to you and the last they didn't respond when you ASKED them about all this BEFORE all the back and forth started? How would they explain that to the judge?

For now,ignore the guy - and take a time and date stamped photo of the bush. If it's really encroaching upon his property, go ahead and trim, but if not,let him sue. Suing is one tbing, winning is another and collecting a judgement is another matter. When considering legal action, It helps to begin with the end in mind to consider your chances of winning. Good luck!