Property
rights are a tricky thing sometimes.
For example, consider a tree. If your
neighbor has a tree that grows along your property line and hangs over your
land, can you cut down the tree? The answer is no, but you CAN cut off flush to
the property line any branches, even if doing so causes the tree to become
unbalanced and fall over, or leads to tree decay, etc. This has actually gone
all the way to the supreme court to rule on it, which
seems like a silly thing to many for them to waste their time with but
paramount to others I suppose.
If you aren't going to cut off the
branches, say because you neighbor has a peach tree and some of the peaches
hang over your yard, you still can't pick the fruit. By federal law, all the
fruit from the tree belongs to the tree owner - but if the fruit falls on your
side that may be another matter, depending on where you live.
If the branch or even the tree fall over
and smash your house, your fence, your car, then he can still not be liable if
he took good care of the tree, it is considered an Act Of God, and your
problem. However, the compensation is that you get to keep the part of the tree
that falls on your yard, even if it is the entire tree. That might not seem
like such a big deal to most but it depends on what the branch is made of.
Suppose its good, stout oak handy for firewood? Or a
nice burled maple which sells to a sawmill for quite
the premium? Or maybe even a precious, desirable, beautiful walnut tree!
Which reminded me of a
preacher story I once heard. There
was this cute couple at church, Dan and Julie. Teenagers
who'd been dating for a while, now in their senior year at high school.
They came from good families and were good kids, both of them Christians and
both of them doing well in school. But this particular night, they were
attending a final senior blast. There was going to be dancing and drinking
there, but they went because they wanted to see their friends at least one last
time before heading off to big U in the fall. Also, they didn't want to seem odd
or strange, they wanted to enjoy some of the life and "fun" they had
been doing without, by choice, all these years. Just this
once.
Well, they went to this party and they
got pressured into taking a drink or two, just so they wouldn't be prudes. They
convinced themselves they would never do it again, but they both wanted to
experience it just once so their friends couldn't rail on them about how they
didn't understand, etc. They had a good time but even so the guilt lay heavy on
them as they drove away. They worked up a story to tell their parents so they
wouldn't get in trouble.
On the way home from
the drinking and carousing, as the story goes, they got into an accident and
both were killed. When the angels
came to collect them and take them to heaven, the devil was already there
laying his claim. You see, the root was good. The wood was very solid. But they
died on his property.
What you do may not seem like a big deal, but do you
want to take the chance and have your precious, desirable, beautiful soul end
up being... firewood?
Randy