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Recent content by bbear401

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    Yet another tree related question...sorry

    the trees in both cases were nuisances,,,,and in the fallen tree case,,,the justice discussed in the alternative if they were still standing,,,,,abd the cases speak for them selves. Bonde v. Bishop The above testimony is amply sufficient to demonstrate that the overhanging branches are a...
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    Yet another tree related question...sorry

    Are not trees what we are talking about here. BelizeBreeze : Do you have any idea how stupid you sound? I do beleive I am on topic,,,besides you will never win a debate by calling names
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    Yet another tree related question...sorry

    oh my the courts are littered with these cases,,,,,who was it that said i sounded stupid ?,,,mmm Bonde v. Bishop , 112 Cal.App.2d 1 [Civ. No. 15163. First Dist., Div. One. June 25, 1952.] G. T. BONDE et al., Respondents, v. WILBUR A. BISHOP et al., Appellants. COUNSEL Aaronson & Cohn...
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    Yet another tree related question...sorry

    oh by the way,,,like i said has nothing to do with nature,,,maybe i will search new york later Mattos v. Mattos , 162 Cal.App.2d 41 [Civ. No. 17952. First Dist., Div. Two. July 9, 1958.] J. C. MATTOS, Respondent, v. MANUEL R. MATTOS, Appellant. COUNSEL Lounibos & Lounibos for Appellant...
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    Yet another tree related question...sorry

    we no have ebonics here in new england. thats just for you cali peeps,,,just no spell check and my kids,,,teeny,,,tiny,,,,key pad. Always good for a debate here,,,never know what i am going to learn for the next battle. Bill
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    Yet another tree related question...sorry

    Ey,,, I can take the heat from you,,. I got five bucks that if and when and since they have already received an attorneys letter,,,,they go for an injunction,,,,burden of proof is lower,,,,rules of evidence is relaxed,,and this has nothing to do with nature,,,trees are real property when...
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    weird situation with boundary question

    I would aviod the county for as long as possible,,there is a chance that this was an illegal subdivsion or partition, gererally when one holds land in unity of ownership and builds or uses land as one contiguous lot it becomes merged. ,but then what to do,,,,who would own the whole lot,,the...
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    weird situation with boundary question

    it has been my experience that people can do anything,,doesn't mean they have a right too Bill
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    Yet another tree related question...sorry

    hehe,,in injuction to prevent someone from maintaining a nusiance,,, Lets say someone parked the car infront of your driveway repeatedly, you could restrain them from that behavior. Lets say you live on a private road and someone places a fence across it, you can restrain and enjoin them from...
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    Yet another tree related question...sorry

    i would again disagree,,,,,Temporary restraining orders are for threats of harm,,imediate and irreperable harm.,,,,,, Individuals are under a duty to mitagate damages, however it is up to them how to mitigate. As the damage is now only threatened, potential and likely, One could argue that a...
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    weird situation with boundary question

    yes, you can still get an injuction as they might also attempt to place a fence and you could sue for damages for your losses, and I place a lis pendance (litigation pending) notice on anyones title whom i am in litigation with,,this effectively prevents them from selling, or disposes of the...
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    Yet another tree related question...sorry

    please read Am Jur 2d on adjoing lands, you can find this at most court house law libraries or colleges. Private nusiances, if your trees roots threaten someones sewerlines you may be held liable. If your trees limbs threaten someones preoprty you may be held liable. Also, some one may be able...
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    Newest saga......

    I can not express enough,,,,easements do not have to always be recorded to be valid. If they are not recorded they are just harder to prove. for example 1 lets say john owns a three acre parcel, with street frontage on "a" street. John then convey a peice of his three acres to suzy. the peice...
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    Same property differant question

    depends on your survey if it is depepcited as an area, it may be what was said in the above post.....If it is a line or the words "set off" next to a monument it means that the monument is set off the surveyed property's line by that distance. For example the language in a deed might read "...
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    weird situation with boundary question

    If you think you neighbor might damage or destroy your addition when you are not there, you might need to bring suit for an Temporary Restraining Order (TRO) and a Preliminary Injuction (PI) to preent him from any ,as the law would call it, "self help" (removing property from property his...

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