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Called the Tulsa County offices, called INCOG. Both useless

Started by Ibanez, August 11, 2010, 01:15:03 PM

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Ibanez

I'm trying to find out if there are any ordinances pertaining to fence setbacks. We're outside of anyone's city limits so I was thinking the county could tell me, but you would think I asked the person how to build a nuclear reactor based on their response of "Uh. Let me transfer you." Click.

The reason I ask is that our neighbor to the South is putting up a fence and is doing so on the property line. I was under the impression that there was some sort of setback required unless both parties agreed to building the fence on the property line.

I wouldn't even bring it up except for the fact that in places the line goes through some trees and I came home yesterday to him attempting to bulldoze a rather large Pecan tree in order to get it out of the way to the fence. I managed to stop him, though some pleasantries were exchanged, but he had already cut down 3 other medium sized, fifteen feet or so tall, trees. I'm really not happy with anyone messing with trees in the first place, especially when I feel they are at least partly mine. 

Anyone know the answer to this or who I could call and actually get an answer other than "uh" from?

Smokinokie

Quote from: Ibanez on August 11, 2010, 01:15:03 PM
I'm trying to find out if there are any ordinances pertaining to fence setbacks. We're outside of anyone's city limits so I was thinking the county could tell me, but you would think I asked the person how to build a nuclear reactor based on their response of "Uh. Let me transfer you." Click.

The reason I ask is that our neighbor to the South is putting up a fence and is doing so on the property line. I was under the impression that there was some sort of setback required unless both parties agreed to building the fence on the property line.

I wouldn't even bring it up except for the fact that in places the line goes through some trees and I came home yesterday to him attempting to bulldoze a rather large Pecan tree in order to get it out of the way to the fence. I managed to stop him, though some pleasantries were exchanged, but he had already cut down 3 other medium sized, fifteen feet or so tall, trees. I'm really not happy with anyone messing with trees in the first place, especially when I feel they are at least partly mine. 

Anyone know the answer to this or who I could call and actually get an answer other than "uh" from?

While I completely agree about the trees I don't think it works that way. If any part of the tree is on or covering his property, he can trim it as he wishes. While in principal that doesn't give him permission to cut it down, it does give him the right to trim it to the point where it will die. End result is the same as cutting it down.
The setback rules will be in your abstract or the most recent covenants covering your property. In the absence of any setback rules in either document, the fence can be built on the property line.
I am not an attorney nor do I play one on TV. These are just items I have researched in the past and as usual, things change.

sgrizzle

He can bulldoze any tree whose trunk is completely on his property.

He can also build the fence right on the property line. Since you're out of the city, he can probably put an 8ft fence around his entire property.

Ibanez

Quote from: sgrizzle on August 11, 2010, 02:04:07 PM
He can bulldoze any tree whose trunk is completely on his property.

He can also build the fence right on the property line. Since you're out of the city, he can probably put an 8ft fence around his entire property.

I assumed he could do whatever he wanted with trees on his property, but many of the trees are literally right on the property line. The pecan he was attempting to bulldoze is actually a little more on my side than his, but the trunk is on both sides of the property. He was never going to get it down with the dozer, at least not the one he has, since the tree is around 40 feet tall but that didn't stop the little mouth breather from trying and damaging it. I went out later and put tree sealer on the wounds he caused, hopefully they won't be fatal.

I honestly don't care about where he builds the fence as long as it doesn't cross onto my property and as long as he doesn't knock/cut down any shared trees. Well I should say any additional trees. The ones he cut down last night were also straddling the property line.



nathanm

Quote from: Ibanez on August 11, 2010, 02:57:17 PM
I honestly don't care about where he builds the fence as long as it doesn't cross onto my property and as long as he doesn't knock/cut down any shared trees. Well I should say any additional trees. The ones he cut down last night were also straddling the property line.
If the trunk was literally on the property line, you can sue him, since it's is as much your tree as his.

And no, while you do have the right to trim any overhanging branches, you still can't trim it so savagely it will kill a boundary line tree without the consent of the other owner of the tree.
"Labor is prior to and independent of capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration" --Abraham Lincoln

cynical

To make it more interesting, an Oklahoma law establishes heavy damages for taking someone else's trees.  http://www.oscn.net/applications/oscn/deliverdocument.asp?id=75267&hits=1344+999+991+962+538+346+338+324+   

You'd need to establish precisely where the line is, requiring a survey.  You can have as much justice as you can afford.  The county doesn't have anything to say about it.  Their response was completely accurate.

If it's not in the city, there aren't any ordinances.  You have to look at state law. 
 

DolfanBob

Call this guy. He will get your point across.  ;)
Changing opinions one mistake at a time.

Conan71

"It has been said that politics is the second oldest profession. I have learned that it bears a striking resemblance to the first" -Ronald Reagan