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Trimming Trees And Avoiding Lawsuits From Creepy Neighbor
July 8, 1999
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Dear Ben: My next door neighbor is a bitter old lady that has a huge, fruitless mulberry tree whose branches extend over the chain link fence separating our properties by at least ten feet. I asked her over a year ago to prune the branches back, she said her lawn care crew would handle it the following week; a few months later I asked her about it again and she said:
"I don't care what you do about that tree, just leave me alone." Now 13 months later the problem is worse than ever. I don't mind pruning the tree back, but living in a lawsuit-happy society has me worrying about creating an even bigger mess than what I currently have on my hands. Suggestions?
---Ed, via e-mail
Dear Ed: Once again, I called on my civil legal eagle, Fort Worth attorney Marshall Day for answers: "A property owner owns their property from the center of the earth to the sky above (under most circumstances) . He may cut the limbs on a plain parallel with his fence without the fear of successful litigation by his dear neighbor." So get out the shears and prune away, Ed! Just be sure to only prune those branches that extend over the fenceline onto your property. By the way: I'd think twice about eating any cookies she might bring you as a peace offering after the fact.
Dear Ben: I found myself in a major pinch for cash recently and got caught up in an expensive appliance leaseback deal. A company offering to "help" me out of my jam took down the serial numbers of several household appliances, then "bought" them from me, but has allowed me to retain possession and lease them back from them. They gave me $300 cash for my microwave, VCR and TV set. My total repayment is $396, or I have the option to renew my lease agreement every two weeks for $96. What can I do!?!?!
---Karen in Houston
Dear Karen: It sounds like a version of pawn shop loan with a new wrinkle...allowing the consumer to maintain possession of the security for the loan. Most pawn shops require the consumer leave the security with the lender, but since you're dealing with such large items (with traceable serial numbers), it's easier on everyone involved to leave the appliances with the consumer and execute a security agreement which legally protects their position as lender and lienholder on your personal property.
Whew! With all of that out information now out on the table, I can't imagine any company engaging in any lending practices that would violate the usury laws of Texas. The last time I checked, pawn shops could make loans up to a certain dollar limit at an annual percentage rate of up to 240%. It might sound like a lot, but when the big bank on the corner (you know, the one with all of the branches across the state and the slick radio/TV/print advertising campaigns) won't make you a $300 loan to fix the broken radiator on your car, some consumers are left with few choices. My advice to you: Get this loan repaid and the lien released on your property a.s.a.p. Paying $96 every two weeks is pretty stiff, no matter what the circumstances!
Dose of Dover For The Week: Did you realize that your bathroom is probably the most dangerous room in your house? Nearly 200,000 accidents--almost seventy percent of home mishaps--occur in the bathroom. Many are in the "slip-and-fall" category while others include electrical shock from appliances, scalding from hot water or even drowning. The best information is free! Contact Aurora Home Health Care Products (877) SAFE-882 to obtain a copy of the Top 15 Bathroom Safety Tips and make your bathrooms safer. Remember, the life you save could be your own.
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