LOL Susan, the guy is making a living, and possibly a hefty one, on your permitted easement. People receive a good share of the profits for this, or at least rental fees. If all it means to you is relatively unobstructed view, then you're a sweetheart. There may be some kind of housing he can build for the tubing that is less unsightly? Would that work? Afterall, he shouldn't expect no cost whatsoever. Can he bury the tubing? Only fair I should think.

I imagine it would irritate me too, but even saying something to him wouldn't change anything if the tubing is not on your property. I don't know anything about tapping maple trees, but maybe you could ask him if there were other colors of tubing he could use? Brown or green to blend in with the surroundings?

IF I ever win the lottery I'm going to buy lots of land and put my house right smack in the middle of it - then hopefully I won't have any neighbor problems. :-)

You'd think with 31 acres of land I wouldn't have neighbor problems either. I guess as you say, Lydia, the trick is putting the house smack in the middle of it. Most of my land is on the other side of the road.

Bestlawn, I'm guessing the tubing is bright blue for a reason. I sure would prefer brown. I like the idea of burying it, although I'll bet he won't.

You might asked to see the written contract to see if he is really authourized to remove the maple. From what I have seen on TV, they drill into the tree, put a spout in then tap for the syrup. It went into pail. I don't recall any yards of tubing. Even when we were in VT, they still got syrup this way. Wonder why the tubing? And why Blue?
Hope our KT'ers in VT or other states that produce this product will have a better answer.

He said the man who owns the fields in back of my house had given him permission to tap his maple trees...

I'd start by verifying that story.

In fact, I'd probably ask him to remove the tank(s) whether it's true or not. You might also ask him to remove the blue tubing at the end of the season. Tell him you would sure hate for "something to happen to it" before next season.

Susan, if he can't or won't bury it maybe it can be covered with mulch.

Linda

Come to think of it, not only verify his story, but make sure he and his process are legal.

Susan, you are just too nice. If I were alone in the house I'm not sure if I would even open the door- and I have a rottweiler who sure sounds impressive even if he has the sweet disposition of a Golden Retriever.

I think he's taking advantage of the situation. Are both tanks on your property? Is the only access to those fields through your land? Did he ask your neighbor if he could run all those new tubes through his property? How long is the season? I'm surprised the syrup doesn't get stuck in the tubes and make them worthless.

As someone who really enjoys the views out my windows in the woods I wouldn't be happy with the blue tubes. That's the reason we bought a large parcel in the woods and then ran a long driveway to the house. We can't see any neighbors and they can't see us. I would be inclined to ask him if there was some other way he could access the fields.

If he does have permission to tap those trees maybe you could tell him you hate the blue tubes and ask him to put several tanks closer to the trees. That would reduce the amount of tubing. Of course he may have to bring a wheel barrow or a little tractor to remove them after the season.

Obviously you've given some thought to this. Do you want him to remove everything or would it be OK if could use brown tubes or hide them. How do you feel about it?

If he's abandoned the tubing, you could certainly remove it. If you see him working on it, just walk over and tell him you want it gone!

I have heard of the tube method. It allows them to run several trees to a few central collection tanks and removes the need to go around and empty buckets. I believe what he may be using it is a potable water grade tubing that is becoming popular in houses now because it is more flexible than pipe and doesn't require soldering.

And if I remember correctly, the tubing may well stay in place every year as he adds more to tap trees that are maturing.

No solution for you, though. You might be able to get him to remove the tanks from your property and access the trees from somewhere else, but I don't know if you can make him remove the tubes.

The tubing CANNOT be placed underground or under mulch.
Its blue because the tapper can see the sap coming out of the trees.....I realize it can also be seen in buckets,but he can check his lines a lot quicker this way,than going from tree to tree.
The tubing is used precisely to bring the sap to one large gathering area instead of buckets,which would mean more work and time spent.
Odds are,he will take the lines down this season for cleaning,if not,then next year for sure..they should be cleaned every other year.
I would just ask if he could possibly use fewer lines,and that could he gather them from tree to tree or clump of trees after the season,so that they are not as noticeable.
Here,in central Ontario,the season isnt even 3 weeks long.
When the season is over,tell him you want a gallon of syrup....not a quart...a "real" maple syrup person would have been more than happy to part with a gallon at the end of the season for the use of the property,the trees,the aggravation,etc.

I'm going to assume that you did verify that he had the right to collect the sugar water, right?

A couple hours from where I live is Highland County where the annual Maple Festival has just ended. The sugar water is gathered in buckets or plastic tubing, the sap is boiled in kettles, pans, or evaporators until a barrel is finally reduced to a gallon of pure maple syrup.

I would want to know what his legal rights are, and then I would talk to him about the whole situation and see what you can work out. I would not think the tubes would stay there after the sugar water is gathered for this season.

BTW, be sure he remembers to give you the syrup.

Sue

All good advice so far. I would only add that you should tell him what you told us, that all his bright blue tubes are ruining your peaceful and scenic view and that you don't want to look at them for more than 3-4 weeks a year. Period. And that 2nd tank wasn't in the agreement.

It's always something with people, isn't it? How inconsiderate some people are, that's why we don't have any neighbors near by. I just don't like people that much.

Hi Alisande,

I ran your problem past my husband, and thought you might be interested in his reply. He's a chemical engineer (as I believe you said your late husband was) and is very good at identifying the actual "problem" and cutting to the chase. He doesn't get bogged down with issues unrelated to actually solving the problem, like "What if I hurt the guy's feelings?" or worrying about something else. (Does that sound familiar???)

Anyway, DH said if it were him, he would contact the owner of the property. Let the property owner know this syrup operation has taken on a life of its own, and is having a serious impact on your ability to enjoy your property. Be sure he knows the operation is expanding, and that those bright blue tubes everywhere have become an unacceptable, year around nuisance. Ask the owner to tell the young man he needs to find a way to reconfigure or rearrange his tubes, so you don't have to look at them. This is an entirely reasonable request. The property owner may not even be aware of what is going on, or of the impact it has on you. I have to wonder if this young man is doing all he can do or should do about his mess. Maybe he's being lazy...?
Good luck.

Yep, an entirely reasonable request, but I'm betting the neighbor receives easement fees. Don't be surprised if he doesn't find the request so reasonable. Also right about the favor taking on a life of its own. Could get worse. As his sales grow, so does the operation.

I'm so glad I posted about this! Yes, Nikoleta, Joe was a chemical engineer. He was an ace at problem-solving. And yes, the process you describe sounds very familiar!

I'll be amazed if the neighbor is receiving easement fees. This is a very rural, casual, and rather trusting community. Which is why I didn't hesitate when the young man initially asked permission to situate the tank on my land.

By the way, I gave him the equivalent of free advertising recently when I took his picture and it ran in color on the front page of the newspaper I work for. He's getting a lot for his quart of syrup.

I really appreciate everyone's input and good suggestions. I feel less powerless now. Thank you!!

Susan

I took a closer look at some of the tubing this morning and discovered that he's tapping my trees! I'm really PO'd now. It's not that the trees will be damaged; it's just that he never asked permission. This was not part of our agreement.

I'll check with my DS first to see if perhaps he gave permission (I doubt it), and then as soon as the syrup season is over I'll do something about this. Grrrrr . . . .

Why wait until the season is over? Do something now! Otherwise he profits from YOUR trees, and without having had the courtesy to ask you. Frankly, I'd be down there ripping out all the taps in my trees if I was in your shoes.

AND I'd be telling him that for being so sneaky he could just take his tanks off my land right now.

I'd check to see if legally - by giving him permission at first - you didn't establish a kind of sit-in arrangement.

GRRR...I'd be mad to that he tapped your trees...that is YOUR syrup!! and if he wants to keep working them, some kind of agreement has got to be reached...

I emailed my DS to see if he had given permission, and he replied, "No, the guy barely says hello to me."

This feels like yet another case of someone trying to take advantage of a woman alone. It's appalling how often this has happened to me. I never expected that, even though I've never been fully integrated into this community. I've lived here 32 years, but I don't go to the local fundamentalist church. That's a biggie. For another thing, I'm originally from NYC, and that's how they think of me. No matter that we loved country life, that we grew a huge number of vegetables and flowers, had horses, and made our own maple syrup for years. Our neighbors, though friendly enough, always chuckled about our strange ways, including my husband's use of what they called "ten dollar words." There's a definite divide there.

But still, I didn't expect to be ripped off. And yet it has happened more than once. Maybe it's a sexist thing. Maybe this young guy thinks he might as well do whatever he wants because I'm just a woman, and what do I know?

I'll try to handle this in a peaceful way because peace is something I always want. But no way will I let him steamroll me.

Thanks for growling with me. :-)

Susan

Yep, I'd be removing the taps from my trees and removing the lines so he can't just hook 'em back up. He needs a wake-up call. He's getting a little pushy, don't you think?

I'd yank everything out of my property and trees right now. I hate when people play me stupid. He is being sneaky and taking advantage and that is all. He planned it all along. There was nothing honest about this the whole time. Reminds me of the Erin Brockovich and PG&E.

That guy knows exactly what he's doing-
he's establishing a case for a permanent easement.

Remove all his stuff from your property NOW & post "no trespassing" signs.

Inaction, especially now that you know he's tapping your trees, could be interpreted in court as your having granted him an easement, which is nearly impossible to cancel.

Get that guy out of there NOW.

I wish you the best.

How many of your trees has he tapped? Each tree can produce up to one gallon of finished syrup. Make sure you get all the finished product that is coming to you.

If it were I, I would politely tell him that I had not given him permission to tap my trees, so 1 week after this syrup season is over, I want all his equiptment removed from my property and that I also expect all the syrup from my trees. I would think that was fair. I can't imagine that you can legally do anything to have the tubing removed from someone elses property because you find it annoying. Maybe something you might do sometime, could be considered annoying to someone else. Different strokes for diffeent folks.

Good luck in whatever you decide is fair and which won't cause him to create further problems, as revenge. I believe that in our rural area the tubing is left up from year to year but that gives no one permission to come in and tap trees without the owners consent.
ivamae

Please do not allow yourself to even think of being "polite" to this user:

If some guy were assaulting you, would you wait til he's finished & then "politely" inform him that he wasn't welcome to do it again?

If he were hauling your silverware into his van, would you wait until he had it all inside & then clear your throat & "politely" tell him not to come back?

You've been lied to & used & taken advantage of already, & it'll get worse if you don't get rid of this parasite right now.

If you can't remove the equipment, ALL of it, by yourself, or if you're scared to try (might not be a bad idea to be scared), please enlist some able-bodied help & REMOVE the trespasser's belongings before he establishes a permanent right to do this.

Call the police, call an attorney, call your friends with the biggest husbands/sons, but DO NOT WAIT & DO NOT TRY TO BE "NICE".

Being nice is the way women get used, assaulted, & robbed.

If someone perpetrated such an outrage on me, I'd be out there right this minute with an ax, making blue macaroni.

& as I said, if he successfully establishes an easement, you'll *never* get it off;
if/when you sell your property, that easement will be there for the next owner to tolerate, which will lower your property value.

I hardly ever post or read here,
so if you want to contact me, PLEASE email me at
sylviaboardwalk@aol.com.

Oh Susan that's an awful thing to go through. Do you have this fellow's phone number so that you don't have to confront him in person? Or could you get the number from your neighbor? It might help if your son called him on the phone and told him to remove everything from your property within 24 hours and that if it isn't gone you will dispose of it. It would be great if you could follow up with something in writing too.

Since you are alone I'm not sure you should deal with him by yourself. Not that you're not perfectly capable of handling the situation but this man hasn't respected your rights or your property and many not respect you either. I know I tend to err on the cautious side but please be careful.

My husband once gave permission to our next door neighbor to hunt our property before our house was built on the condition that he call us in advance to tell us what day he would hunt and that he was the only one allowed on the property. Needless to say he seldom called us as promised and often invited his entire extended family to hunt.

Even after we sent a registered letter to him telling him he could no longer hunt, he still trespassed. Thankfully after our house was built he decided to move. He told us that he had always thought of our vacant land as his!

I hope your 'tree tapper' is more reasonable.

Thanks, everyone. I've decided to put it in writing to avoid the possibility of misunderstanding. I'll send a copy to the neighbor whose trees are being tapped, in case he hears a revised version of my position. He'll surely get an earful from Mr. Syrup.

In my letter, I'll tell him to get everything out of there, including the original tank. I'll wish him good luck with his business, but ask that he not conduct it here.

I'll bet next year he was planning to branch out to my property across the road. Wouldn't surprise me.

I like your idea, alisande. That is polite but still leaves a paper trail if needed. I would be tempted to send it registered mail and pay the extra to have him sign when he receives it. At least we can do that in Canada.

I prefer to be polite at first and see if he heeds and then if he doesn't, lower the boom. Certainly I would not let him continue to take advantage. I wish you had stopped him the day the trees were tapped on you property. If you have to face him, face to face, it could be a good idea to have your son or someone else with you.

All the best to you.

Thanks, Ivamae. I wish I'd stopped him at the time, too. So many things to pay attention to . . .

Like I always say, everything's a trade-off. I'll bet I don't get any maple syrup this year. LOL

I agree with sylviatexas she said it better than I did. Call that lawyer.

I will send it certified mailÂthanks for the suggestion. A lawyer friend recommended the same thing when I spoke to him this evening.

Sylvia, I meant to add that I love your "blue macaroni" image. My lawyer friend reminded me that the Blue Man Group is coming to the area for a performance this spring. :-)