How to deal with neighbor who believes trees are adequate backstop

[mom45]

Maybe she should deliver him an estimate of the cost to replace each damaged mature tree with a mature healthy counterpart. After all, that's damage he's responsible for causing to her private property.

Yep...I don't feel I owe him any kind of help. He's not exactly helping anyone around here!

 

[ghuns]

I got it! They could get the neighbor for provocation!

IC 35-42-2-3 Version b
Provocation
Sec. 3. A person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation, a Class C infraction.


I consider myself to be a reasonable person. If you send bullets whizzing past my head as I sit in a treestand on my property, I would be VERY likely to commit battery.

She-it, this lawyering biddness is easy.

 

[jamil]

I got it! They could get the neighbor for provocation!

IC 35-42-2-3 Version b
Provocation
Sec. 3. A person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation, a Class C infraction.


I consider myself to be a reasonable person. If you send bullets whizzing past my head as I sit in a treestand on my property, I would be VERY likely to commit battery.

She-it, this lawyering biddness is easy.

You need to drop the 'g'. Should be "...this lawyerin' biddness..."

 

[ghuns]

You need to drop the 'g'. Should be "...this lawyerin' biddness..."

Freakin auto-correct. Always improvin my grammar.

 

[shibumiseeker]

Bullets hitting trees is not a trespass issue, and I think they'd have a hard time making it out like it is. It IS, however, a property rights issue.
Not unlike the over-spray of a neighbor's weed control chemical killing someone else's garden. At least that's how I'd see it.

Damage to trees is serious business and the damager can be liable for triple damages. I had a logger on a neighboring land damage two of my not yet mature red oaks (14-15" dbh) and ended up getting about a hundred bucks for them and I salvage logged them afterwards as they were then useless for further growth as timber (tops taken out of them). Most people who own wooded lots aren't really aware of the economic value of their trees and how much they can appreciate in value (generally better than any monetary investment) if taken care of properly.

The district forester can help you estimate the economic loss from the tree damage for free (it might take a couple of months to get an appointment, be persistent) and the neighbor IS liable for those damages, though you will probably need to take him to court for it.

 

[churchmouse]

Damage to trees is serious business and the damager can be liable for triple damages. I had a logger on a neighboring land damage two of my not yet mature red oaks (14-15" dbh) and ended up getting about a hundred bucks for them and I salvage logged them afterwards as they were then useless for further growth as timber (tops taken out of them). Most people who own wooded lots aren;t really aware of the economic value of their trees and how much they can appreciate in value (generally better than any monetary investment) if taken care of properly.

The district forester can help you estimate the economic loss from the tree damage for free (it might take a couple of months to get an appointment, be persistent) and the neighbor IS liable for those damages, though you will probably need to take him to court for it.

Proper management of land can pay for that land. I have watched my friend manage his land and expand from 50 to over 500 acres with mainly good management and hard work. He had his original 50 logged to open it up. Not clear cut just select removal. He took that money and bought adjacent property and repeated the process. There was out of pocket money but the use of the timber greatly reduced the expense.
If the idiot neighbor is damaging your trees I think there is a civil path you can take to get him put into his place and shut down his dangerous and destructive activity. Hit him in the wallet and may have to sell the guns to get you reimbursed for loss.

 

[lucky4034]

Call a lawyer... he is clearly damaging your property and endangering your life. I'm sure there is something that can be done.

In the mean time, park your old truck back there and dare him to hit it.... If he hits it... it should be game over.

 

[JetGirl]

By the way, if nobody said so yet... Call a lawyer.

 

[SkullDaddy.45]

View attachment 23014Maybe this sign should go up?

 

[Double T]

Why do I get the feeling that this OP is a troll against "redneck" gunowners? It seems to portray a certain stereotype...and I'm not biting.

IF a person is firing a weapon and bullets are coming onto your property in an unsafe manner DNR/Sherrif's dept would not do "nothing" as you seem to be implying. Something along the lines of "reckless discharge" seems to be popping up in the back of my head.

 

[Rhoadmar]

Why do I get the feeling that this OP is a troll against "redneck" gunowners? It seems to portray a certain stereotype...and I'm not biting.

IF a person is firing a weapon and bullets are coming onto your property in an unsafe manner DNR/Sherrif's dept would not do "nothing" as you seem to be implying. Something along the lines of "reckless discharge" seems to be popping up in the back of my head.

I'm not getting a troll feeling from this op nor an anti redneck gun owner vibe.

 

[I Love Bourbon]

 

[cobber]

What is the exact mechanism, in a perfect anarchist utopia, for resolution to this situation?

To accuse the OP of being a troll?

 

[ghuns]

Why do I get the feeling that this OP is a troll against "redneck" gunowners? It seems to portray a certain stereotype...and I'm not biting.

Just because here on INGO, we find ourselves in the company of suave, sophisticated, safety conscious gun owners does not mean we are the norm.

 

[singlestacksig]

if the DNR is not going to charge him under the posted code, tell the DNR you are going to consider it an attack on you & return fire...

 

[Dead Duck]

Just because here on INGO, we find ourselves in the company of suave, sophisticated, safety conscious gun owners does not mean we are the norm.

It doesn't mean that we're not Norm.

 

[CathyInBlue]

If you put and leave material on someone else's property that the owner of that property did not give you permission to put there, that's a trespass tort. You don't even need to bodily occupy space on said property. If throwing it over a fence counts, so to does firing slugs.

I had (past tense) a snot nosed brat neighbor kid (hereafter: SNB) who had a vendetta against me for some imagined sleight. SNB delighted in throwing garbage and other kids' toys into my yard. I consulted my attorney and his suggestion was to file a trespass tort. Problem was, SNB and his family were dirt poor, so even if we won the tort, there was nothing to collect. Luckily, the SNB was also a druggy and a fire bug. SNB got high on K2 and torched his own house. It, and the SNB, ain't there no more.

 

[JetGirl]

Does EVERYthing INGOer wronged event end in a house burning down?

 

[CathyInBlue]

Just the fun ones.

 

[stephen87]

Could be many. From the "I is sooo smert I don't no ways needs no safety rules" faction of INGO to the "Meye Rye-its" Faction, could be a lot of them.

Nope, I'm in Indianapolis this year.

It's all fun and games til a house burns down.
Carry on.

Then Rural Metro charges you $20k, right?

It's an INGOism. Because it really happened.

Where is this thread? I have GOT to read this.

Hang a couple of 4x8 sheets of plywood on your own property behind his backstop. It'll prove what a bad shot he is when they turn up perforated and be exhibit A in your lawsuit against him.

Paint "DO NOT SHOOT ONTO MY PROPERTY!" on each of them.

Hang one every 20-50 feet.
Put tannerite behind a couple of them.
Video.
?????
Profit.

Oh and BTW, I have access to loads of Tannerite if you need some.

YES! YES! For the love of all things good, YES!