Boundary Fence Clearing

You should clear enough to stake the line. Let the fence contractor do the rest.

I have always relied upon the arms length from the boundary as fair territory and try to avoid exotic, flowering, fruit and nut trees especially to minimally touch.

Consult the neighboring owners and sometimes they will give you their blessing because they want a cleared boundary and room to mow on their side and some will split the costs.

This is why they invented bulldozers. Getting the neighbors to agree is the challenge.

> My concern is for enough room to build this fence through dense black spruce and birch and subsequently, maintain the fence.

You didn't say where the fence was going to be built in relation to the boundary line.

You may cut trees and vegetation on another's land, ONLY with their permission. Period. Right of Access does not mean right of destruction of property.

Best practice is to contact land owner/s and come to an understanding. Sometimes this results in a cost share situation.

If you cannot come to an agreement with a neighbor, then you had better be sure where the boundary line really is and stay clear of it with all of your brush cutting/clearing (including surveying activities to determine the boundary)

Even cutting limbs that overhang the property line can be considered trespass if the limbs are from a tree on the neighbor's side.

> You didn't say where the fence was going to be built in relation to the boundary line.
>
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> If you cannot come to an agreement with a neighbor, then you had better be sure where the boundary line really is and stay clear of it with all of your brush cutting/clearing (including surveying activities to determine the boundary)
>
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The fence, and insert suggestions here, is to be located on the boundary or within the lot...

I was thinking of contacting the neighbors for sure, one neighbor may not like where the fence is going...This is not an age of cost sharing, so my air will be saved for other tasks.

Surely, in establishing a 'line' there will be some trespass, rt?

If you choose to own land in the U.S., and many other democracies, you impliedly consent to surveyors entering your land to ascertain boundaries. Some States and the Federal government have enacted laws to this effect. Jefferson's first draft gave a constitutional right to own property in the U.S., but it didn't pass that way.

As a surveyor, I can cut what is absolutely necessary in order to carry out the functions of collecting the evidence. You can't hide your boundary marker in high buck landscaping and then claim damages.

You can't cut your neighbors vegetation for personal gain. A surveyor can for purposes of maintaining the cadastre of land boundaries necessary to a free society.

Erect the fence so you have room on both sides to maintain it. Put it on the line if there are local laws that allow or require maintenance in some particular fashion.

Can't we just all get along? Rhetorical, I know the answer to that one.

> Surely, in establishing a 'line' there will be some trespass, rt?

Yes, in most states surveyors have the right to access private land in order to establish common boundaries. There are limitations and notification requirements.

Depending on where you live and how you treat your neighbors, things have not changed that much. The last fence I built was a shared cost from 5 different people.

When we are brushing and blazing trees to mark a boundary line. We will usually ask the owners on both sides to be able to clear small brush, limb and blaze trees within 1 axe handle either side of the line. Meaning if I can stand on the line and reach out and touch a tree with the axe, it gets blazed.

That's the rule of thumb I have used in forested settings. I think it may have been a USFS standard.

I personally wouldn't brush more than a sight line to stake the clearing limits and let a hydroaxe deal with the clearing. As far as the clearing limits over onto the neighbor's property? You'll need to take that one up with them. You can clear your own property to your heart's content. 😉

Bulldozers eh? Many years ago a developer in Salt Lake City wanted to build the Cottonwood Mall. The site was sort of a wetland with cottonwood trees on it. OK, the locals didn't want it to happen and put up a big stink about removing the trees (this was early on in the movement, strict laws were yet to be passed). Anyway the controversy was in full bloom at public meetings and such. This is where the bulldozer enters the picture. The owner took a bulldozer out there on a Sunday and pushed over all HIS trees. They built the mall and it was there many years but has since been torn down and other development done on the site. This was slightly before you lost the rights to use your land except for how they let you.

In my ten years of USFS Cadastral boundary marking crew 1986-1996 we cut down any tree/brush that was needed to keep the KERN/WILD theodolite on line. The fence contractors really liked that and we never had the ad-joiners complain.

> In my ten years of USFS Cadastral boundary marking crew 1986-1996 we cut down any tree/brush that was needed to keep the KERN/WILD theodolite on line. The fence contractors really liked that and we never had the ad-joiners complain.

Prior to 1986, they would run true line, cutting windows and notching any tree that was on the line.

You don't see that stuff anymore.

I have always put the back of the post on line and put the wire on my side of the fence. For the clearing, it may be in how you present the question.

"Howdy Neighbor, I'm fixin to build a fence on my side of the line. If you would like, I could clear enough on your side of the fence that you could have enough room to walk along the fence without ducking under limbs.... Oh no, I would be happy to do it since I'm already here and have the tools."

Be ready to explain to the neighbor how you are determining where the line is. That will be his first worry.

James

> I personally wouldn't brush more than a sight line to stake the clearing limits and let a hydroaxe deal with the clearing. As far as the clearing limits over onto the neighbor's property? You'll need to take that one up with them. You can clear your own property to your heart's content. 😉

Not in California. Clearing activities can be banned seasonally: "Brush removal, tree trimming, building demolition, and grading during nesting season can harm or kill protected birds, resulting in a violation of federal and state law." Or clearing can be banned permanently for many reasons, vernal pools, wetlands, endangered species and plants, et. al.

I once had my boat "red tagged" because some dam*ed bird nested on it, out of commission for 6 weeks.

> Prior to 1986, they would run true line, cutting windows and notching any tree that was on the line.
>

I did some Forest Service survey work and line cutting from 1983 to about 1991. Cut opens probably 40-50 miles of USFS/private boundary lines and never had a single private landowner complain. In the specs was a statement to the effect that we couldn't cut an "exceptional" tree. When I asked the COR what the definition of an exceptional tree was, he simply stated that it was not defined. I believe we notched some "exceptional" white pine but never cut any down. But now the Forest Service doesn't have any money for contracting (at least around here) so you are correct:

> You don't see that stuff anymore.

If there's federal money involved, the 'bird window' comes into play limiting when clearing can be done. Personally, it really sucks to be staking clearing ahead of hydroaxes and finding bird nest's full of babies in their path. Makes me feel like there will be a special place in hell reserved for me. Karma thing. 🙁

I too have spent a few years marking line for the USFS. We never had any issues either with adjacent land owners. They were usually timber companies and only cared about merchantable timber.

Usually private land owners are happy when the line is cleared and marked for free.

As soon as you start getting out of the mountain setting and start working along 5-10 acre "gentleman farms", in more liberal - earthy neighborhoods, people are a lot more concerned about vegetation being cut.

> Not in California. Clearing activities can be banned seasonally: "Brush removal, tree trimming, building demolition, and grading during nesting season can harm or kill protected birds, resulting in a violation of federal and state law." Or clearing can be banned permanently for many reasons, vernal pools, wetlands, endangered species and plants, et. al.
>

What area of California are you in?! Does the local gov. really set code on when you can and cannot trim vegetation (just like on Federally funded construction projects)?

> I once had my boat "red tagged" because some dam*ed bird nested on it, out of commission for 6 weeks.

What the heck is "red tagged"? Tell us more about this story please.