A situation was brought up to us recently and we were asked for input. Here is the situation and the question is how to
solve the problem in light of boundaries and other healthy communication:
1) We have a tree on our yard that leans over the fence toward a neighbor. The tree is in good health but the
neighbor had asked us to have it taken down so it wouldn't fall on their house. We decided to go ahead and have it
taken down-not giving it a second thought. After having the tree surgeon come and make ready to cut the tree, the
neighbor proceeded to talk to the tree surgeon and get their insurance information. Their background check on this
tree professional came up with the fact that their insurance had expired the day before so they didn't want them
to cut down the tree. At this time, I realized I was not cutting down the tree because I wanted to or because I
saw a good reason to so I decided to cancel the whole thing.
2) One day our neighbor (yes it was the same neighbor) started smelling something that smelled like sewage. They
checked all over their yard and couldn't find the problem and they proceeded to believe that it came from our yard.
They asked us to check which we did and didn't believe there was any connection to our yard.
One day while we were away they called the city health department and someone came out to check it. While in the
process of checking and talking with the neighbor the man discovered that they were not checking the neighbor's yard
but in fact were checking our house. He was astonished and told them he thought it was their own house or he would
not have come out.
3) We have dogs. We hate to tie our dogs up too much since we feel bad for them so let them run free. One
of the neighbors doesn't like the dogs coming in their yard so we tied up most
of them but one dog (who is very nice) we left free.
We try to keep her in our yard but she goes at times through the neighborhood.
One day our dog was missing. We received a call from the Pound saying she had been tied up there.
We are a suspicious it was the same neighbor as the tree incident that took her there.
How do we resolve these problems?
Our Answer: We suggest asking the question: are there any boundary violations occurring here?
1) The neighbor could ask (healthy request) for the tree to be taken down (since they are concerned) but
since it seems to not be based in a good reason as there was no current problem (like a storm impending
or the tree starting to die) they could also wait until there is a real source for concern. One could worry about
anything, which seems to be a consistent problem in these situations. If the neighbor asked for the tree to
be taken down then they should also offer to pay for it (since this is only their personal concern) and if
concerned about people's insurance they could hire their own tree surgeon that would pass their strict regimen.
If the tree owner doesn't mind having the tree taken down and he doesn't want to pay for it since he has no
reason to have it removed he can give the neighbor permission to have it professionally taken down.
--or the tree owner could just say no. I have no good reason to remove the tree and want it to stay. If any damage
does occur to the neighbors house in the future then his insurance would cover any damage to the neighbor's property.
2) The neighbor may smell sewage but if they do not see any or find any in their yard, their responsibility is over.
They can also refrain from concerning themselves but if they want to create stress in their life they are free
to do so and may continue worrying. If they go into the owner's yard they are in violation of several things.
These are the people "no trespassing" signs were made for. If they hurt themselves while on my friend's property
they would have brought it on themselves. In addition they were falsely presenting themselves by not making it
clear to the health inspector that it was not their property they were on. If there was evidence in their yard of sewage
they could call the health department and ask for the proper procedure after asking the owner to check on it
and if nothing was done. As it was the smell eventually went away - it was determined to have been a dead bear.
In the meanwhile, unfortunately, these neighbors are not attempting to make themselves good neighbors.
3) Well, to follow a healthy boundary approach an owner would need to contain his/her dogs somehow. If they are going on a neighbor's
property they are violating someone's boundary. If that neighbor is in agreement, this is not a problem however if is not in agreement, it is trespassing
on someone elses property against their choice. If an owner will not put up a fence, tie up his/her dog or get an electric fence, then the neighbor
may need to ask them to keep their dog contained. If they do not contain their dog then the neighbor can explain that they
will be forced to take an action themselves. They can explain what actions they will need to take and the owner
can decide to allow those risks by letting their dog run free or to indeed find a way to contain it. The pound could
be one of those actions. Putting up a fence for themselves can also be an option.
The most important thing is clear, healthy communication and outcomes. Not playing tricks or sending questionable
messages. Trying to work it out is always good too-lots of healthy choices.