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Hanging Branch Over Public Property?


crtrue

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I'm trying to figure this out. If a tree branch from a property of unknown status (it's undeveloped and has no signs) has a tree hanging over a public boat dock, separated by a small stream, is it okay the hang a micro on the branch if it's hanging over the public land? The stream isn't an issue -- the branch has cleared it.

 

Here's my mock-up of the situation. Maybe it will help:

 

snatchcacheil6.png

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If my neighbor's tree is hanging a branch over my property, I have the right to cut that branch off where it goes over. Based on this, I have to believe that my neighbor's property rights end where mine begins. If this is true, the owner of the property on which the tree is planted has no decision in the matter of a micro hanging on the end of the branch, in your scenario.

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If my neighbor's tree is hanging a branch over my property, I have the right to cut that branch off where it goes over. Based on this, I have to believe that my neighbor's property rights end where mine begins. If this is true, the owner of the property on which the tree is planted has no decision in the matter of a micro hanging on the end of the branch, in your scenario.

 

I agree with this assessment with one warning.

Just because the owner has no legal legs to stand on doesn't mean they would enjoy someone messing with "Their" tree. That could create other issues.

 

Be sure to know the neighbor and the park before you did place a cache like this.

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"Just because the owner has no legal legs to stand on doesn't mean they would enjoy someone messing with "Their" tree. That could create other issues."

 

I would have to agree with this view. i understand that someones tree hanging over your property is a legal issue, and you have the right to do with the "encroaching" branch what you will, but it just seems iffy. somebody might take issue with is, and i might just as well find a different spot. sorry to say, but i don't think it's a good idea.

 

top con

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There's always the possibility that they could inadvertently, accidentally, or maliciously mess up your cache by cutting off that branch on their side. I would look for another hiding place if I were in that situation.

 

-eP

 

PS: That's the best image I've seen on the Internet so far this week.

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Let me just say that if this situation came up in Nevada, I would publish it. The coordinates take you to publically accessible property and a cacher doesn't have to encroach someone's property in order to get to the cache.

 

Come to think of it, I have found caches in a parking lot that were attached to branches from neighbor's trees and hanging over the wall. I was a bit nervous but after thinking about it, it isn't a problem.

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If my neighbor's tree is hanging a branch over my property, I have the right to cut that branch off where it goes over. Based on this, I have to believe that my neighbor's property rights end where mine begins. If this is true, the owner of the property on which the tree is planted has no decision in the matter of a micro hanging on the end of the branch, in your scenario.

I would have to agree with this assesment. Assuming it blends in well, no reason for anybody to notice it (outside of our community). And no property violation issues.

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There's always the possibility that they could inadvertently, accidentally, or maliciously mess up your cache by cutting off that branch on their side. I would look for another hiding place if I were in that situation.

 

-eP

 

PS: That's the best image I've seen on the Internet so far this week.

 

Thanks! And as for the branch, the property is basically a lining of trees along the creek and the lot itself is undeveloped. There are no other good hiding places at this dock, simply because it's underneath a large bridge and I know the archiving policy concerning mock terrorism if I were to place it on the dock itself or attach it to a leg of the bridge. The lot, however, has been the way it has for as long as I've lived here, so my assumption is that either the owner has no reason or desire to clean it up or sell it (unlikely, since the real estate market here on the coast is obscene and still rising) or that it's owned by the government as part of the land area around the Waterway dock, and is used for draining and storage (there are some old, dusty pipes in piles on the other end of the lot). I personally think it's alright by the logic expressed in the above posts.

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Ah, but suppose you truly love the branch hanging over yourproperty, in fact you have hung ornamentation upon it, invited woodland birds and creatures to frolic about a bit upon it, or, if you happen to be a druid, even worship said branch and your neighbor decides that his satalite tv reception would be improved had the tree not been there and goes about correcting Mother Natures rather rude oversight of haveing it grow there by removeing it....is he under any legal obligation to cease tree cutting at the border of your property lines and maintain, either by negateing the laws of gravity or building a complex scaffold upon which to rest the branch?

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I'm trying to figure this out. If a tree branch from a property of unknown status (it's undeveloped and has no signs) has a tree hanging over a public boat dock, separated by a small stream, is it okay the hang a micro on the branch if it's hanging over the public land? The stream isn't an issue -- the branch has cleared it.

 

 

Yes, you could place a cache here, but why?

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For what it's worth - we have a neighbor who lets her branches grow into the street so far that they scrape the cars. I trimmed them in the middle of the night and got my butt chewed. :rolleyes:

 

Every situation is different and you have to be prepared for the consequences. Go for it!

 

Since the street crews are supposed to do that a discretly placed phone call would (or should) have got the job done.

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If my neighbor's tree is hanging a branch over my property, I have the right to cut that branch off where it goes over. Based on this, I have to believe that my neighbor's property rights end where mine begins. If this is true, the owner of the property on which the tree is planted has no decision in the matter of a micro hanging on the end of the branch, in your scenario.

 

Note that this may not be true in all states or communities. And even if you have the legal right to trim branches overhanging your property, if you kill the tree as a result of "reckless" trimming, you may be liable for the cost of replacing the tree (at its current size).

 

(edited for some minor amplification)

Edited by BBWolf+3Pigs
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I'm trying to figure this out. If a tree branch from a property of unknown status (it's undeveloped and has no signs) has a tree hanging over a public boat dock, separated by a small stream, is it okay the hang a micro on the branch if it's hanging over the public land? The stream isn't an issue -- the branch has cleared it.

 

 

Yes, you could place a cache here, but why?

 

North Myrtle Beach has some issues with a lack of public space -- it can be a bit annoying at times -- and this is a pretty nice locale, right next to the Waterway. There is another cache right across the river, but far enough to merit a usage of the area (it's a good 1000+ feet and there is, after all, a river in the way). In all honesty, though, this is something I might do at a later date ... there are more important, bigger caches in the area and I'm not a big micro fan. I just wanted to make a mock-up image of David Hasselhoff caching.

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