neighbor removing brush and limbing trees

[toastnjelly4all]

What is the name of your state? WA

In our area, the county does not claim any rights to the platted street along our block. They say that each half of the street belongs to the adjacent land owners. I own one whole block on the north side of the road. The existing road is actually on the south half of the street, thus belongs to the neighbors side across from us. 2 years ago, we caught the neighbor cutting all the blackberries along our side of the road. We do not use this road to access our property, we have a private driveway coming from the highway. I insisted that he stop, because we like the brush there as a privacy barrier. Two days ago, we came home and found him on our side of the road cutting trees and limbing them 10 feet high. When i insisted he stop cutting our trees and brush a huge arguement ensued. He claimed he does not like to look at the brush and trees and therefore he decided to remove them. He also claimed that he has the right to clear, after all it is the platted street. He has about 30 feet of the platted street in his yard, the other 10 feet is the actual roadway. Our half of the street begins at the other side of the road. I got some paint and sprayed "keep out" on the now bare trees, and along our side of the road. Yesterday he was back at it, and when my son asked him what he thought he was doing, he began to threaten his dog, saying I will shoot your dog if he comes on my road. He claims ownership and control of his half of the abandoned street, yet he insists he has a right to clear our side as well. I warned him if he continues to tresspass and clear our side, I will have the whole street put in on his half, which 30 feet into his yard. It cannot be widened on our side because the transformers and utility lines are buried there. Can we do anything legally about this?

 

[BelizeBreeze]

does your deed show the property line extending beyond the brush that he is cutting?

 

[toastnjelly4all]

not on titles

The street is not named on the title, however, the county claims no interest in the streets and they revert to adjacent landowners.

 

[BelizeBreeze]

The street is not named on the title, however, the county claims no interest in the streets and they revert to adjacent landowners.

And who told you they revert to adjacent owners? DO you have THAT SPECIFIC language on your DEED?

 

[toastnjelly4all]

the county

It was the county themselves who told me this. The county told another landowner the same thing...and this person denies everyone access on "her side" of the street, even though there is a road which had been used by my neighbors for several years to access their home. The neighbors who cut my brush and limbed the trees on my side of the street said they are not allowed to cross "her portion of the street" and thus have no other way. And I am told to keep my children and the dog off the platted street and existing road which is on their side. They want their cake (their half of the street) and eat it too (control my side as well). I went out with bright pink paint and painted "keep out" down the now showing tree trunks....Now none of us are happy...You cut out my privacy barrier, and you get to see the message to keep out every day.

 

[Happy Trails]

Unless that platted street has been vacated and deeded over to the property owners, it is still a county street.

Just because they show no interest in it or choose not to maintain it, doesn't make it somebody else's property.






.

 

[toastnjelly4all]

a hypothetical scenerio

Lets say that one of the trees in the platted street (some huge old spruce) falls over and blocks the road, or damages one of our houses or vehicles. Since the county has no interest in the platted streets, who is going to be responsible for damages and removal of tree?