Due to unseasonably warm weather, some people have already started their yard work this year. As a result, there are bags of leave and rakings being put out for disposal. Now the diversion program I have been running for the past six seasons isn't quite ready to start but I didn't want this material to be taken to the landfill. We also didn't think there was enough material to dedicate a waste truck to run around picking it up. So in my stupidity, thinking there'd only be a couple of trips, I offered to run around with my trailer and collect the bags. Whilst doing this, I met some of the citizens and surprisingly almost none of them knew of the program despite annual mailings and notices. It was kind of disappointing but no one yelled at me to leave their bags alone. After five trips with my trailer and only half done, I called "UNCLE" and arranged for the regular collection guy to finish it off. Got the equivalent of two truck loads yesterday. Lloyd

Interesting enough, all the anti-neighbor folks assume there must be some city ordinance to prevent offended neighbors from trimming limbs hanging over their property. There seldom is and the police have other matters with which to deal. The police don't handle that. At least not in towns in this area (my own, family's or where rental property is located). It's the Town Code Enforcer who handles it. That's what they get paid to do. My mother's town has strict tree codes (well, they're ultra strict about everything.) If a property owner's tree is overhanging a fence or property line, it can be trimmed back by neighbor providing it is: in danger of touching a building or wires, impeding growth of neighbor's own landscaping, or has potential to do some kind of structural damage on neighbor's premises (fence, buildings, etc.) However, neighbor cannot trim tree in such a way that it will bring on disease, poor growth habit or death. If in doubt, contact the code enforcer for an inspection. I'd suggest you look into that angle, chinchette. If you walk into your town hall, you should freely be given a copy of the code/ordinance that addresses your situation.

I am going to be a bit more ruthless and specific and tell you what I feel your attorney is likely to advise... it is what I would advise were you in my office. In our current situation, I would file the case immediately and not even bother with an attempt to resolve. I would then file the notice (lis pendens) at the clerk's office to effectively remove their ability to obtain any financing on the property or sell the property, while putting them on notice that any work they are planning might have to be undone. Because of Covid the hearing will likely be almost a year out (it is in my area right now), so I would just start gathering information on moving the driveway. At that point they are actually being sued. So they will likely see an attorney where they will be advised to settle, because their case, as presented here, is an absolute dog. I would prefer they pay to remove the easement (pay for my new driveway) or maybe I get the easement in writing. I will certainly angle for the money I spent filing the case while I am negotiating. I would never take this to court and the odds of them wanting to take this pile of excrement to court are approaching nil. California has some of the easiest prescriptive easement laws in the country (5 years compared to Kentucky's 15... you alone have had hostile use for 7). You don't need a court to get an easement and you don't need to take part of your neighbor's land. You just need to make sure your neighbor sees your hand and is informed enough to understand what they are seeing. I do respect those people who are advising non-legal solutions, but disagree with those who have already adjudicated the case. Additionally, my filing fees are only $200 and I believe California's are closer to $450. So you would be out $750 here and a bit more in California. There is absolutely some risk, your neighbors could be irrational and decide to fight it at all costs... just let them win. In that case, you just wasted a small chunk of money. My very first piece of advice was see an attorney but don't spend a dollar trying to save a dime. Do the math on the driveway and if moving it is likely cheaper, then obviously, just move it. ----- At this point I will bow out of this discussion. I felt it necessary to provide a more detailed response about how you can protect your interest before the matter is resolved in court in response to assertions to the contrary. Good luck in whatever you decide.

Thank you for all the wonderful suggestions! HU... I plan on a maple tree on the right and dug the hole for it so that the neighbor had a chance to complain about it before I spend money. We shall see! And I have been looking for furniture. Picky me can’t find what I like! Shivece .... great idea! I had also though about that but the winds off the lake are incredible and not sure a trellis could withstand them 😕 Sarah... the documentation is very long... started out with us having a ladder sitting in the side of our garage.... then over a peony and spiraled from there. We got a survey after the flower incident and he went crazy over that! Strung a line, pained orange markers everywhere.... we are legally allowed to have anything we want. But are kind of afraid 😱 I am thinking about a hedge though. I just worry he will kill them... Garden gal... no legal reason I can’t put up a fence. His issue is he only has about 6 inches past his heat pump to bring things to his backyard without coming on ours. I thought fences make good neighbors but can’t with this one. When the fence guy was here he yelled at us in front of him saying “you are going to regret this you mother f’rs”. And went absolutely berserk for 5 hours... And mind you he is 70 years old. Kitasei .. all true about the other kinda of neighbors. We are a small cove, 11 houses. They all know they are crazy but at least he tolerates them. We are the new people... the other neighbors love us and know what they have been doing and hate the war. One who is a judge even tried to mediate the situation but the neighbor would have no part of a mediation when we were more then willing to try. Rachel.... we looked into that but it would require a permit and variance which he would likely fight with the town 😕 Joseph... thank you! Looking into that. Embothrium... you hit the nail on the head. Anything we do is going to bother him. The cops had been called by others in the past but nothing changed. The neighbor who tried to mediate told him he will be the one who ends up with endless lawyer bills and fines if he doesn’t stop his crap. He hasn’t been violent since last year but the staring, giving the finger to our camera everytime he walks by, driving very fast by the house etc etc... is almost as bad. So that’s the situation.. This house was a 100 year old uninsulated shack when we bought it. We have had a lot of construction going on the past 5 years but only to make it better and will definite increase the property values. Thank you again for all of your response! Have a great Tuesday.