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Old 08-27-2012, 05:26 PM   #41
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I used to work with a guy who got into petty arguments with his neighbor. One day he cut his lawn and blew some grass onto her side walk. She came out to curse him while he was watering his lawn. He squirted her with the hose. She went inside and got a handgun and shot him in the head. He lived.

Some stuff just ain't worth it.
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Old 08-27-2012, 05:43 PM   #42
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Midnighter, I fully understand and share your violation of someone without consent comes on your property to cut a tree limb. There should have been communication prior.
I am No Lawyer, but tree law is clear, or so I have found. (Crazy thing, but true).
If the limb encroaches into the neighbor's lot (property line extended vertically) it can be cut, at the property line.
How it is cut, obviously needs some communication.
I was developing a property in 2003. The original home was demolished and lot subdivided, a year past. We began construction, with a neighboring tree protruding through the third bedroom during framing. The GC approached the neighbor and was dressed down like a child with no cooperation offered.
I had a lawyer send him a letter explaining the clear cut law, and the tree needed trimming on a Thursday. The tree owner cut the tree over the weekend and construction proceeded. The lawyer called me on Monday with great consternation, that he worked for the tree owner years back, claiming conflict of interest !!
I asked then that I should not have to pay for the letter send incorrectly by his office. He went silent, but since this is a small town, I mentioned that the tree was trimmed, and that was my objective, and I would pay for a letter that should never have been sent...

As Pi$$ed as you are currently, ask youself if this will be as important a year from now.

Good Luck !!
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Old 08-27-2012, 05:51 PM   #43
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much ado about nothing
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Old 08-27-2012, 05:57 PM   #44
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The neighbor's reasons aren't relevant unless he can prove that it was an eminent danger to people or property.

BEFORE you dispose of the mess I recommend an inspection by an arborist with a report about the health of the tree and any impact it may have on it long term. Our arborists recommend sealing that extensive a cut, do whatever the arborist recommends. Send the arborist's bill and any expenses related to this stunt to the neighbor and if he doesn't pay up take him to small claims court. Also tell him that any subsequent incursions constitute trespass.

Some cities require an arborist opinion before committing tree surgery such as in the picture particularly when it is along or near a street. I wouldn't get them involved at this time, just know if you have any local ordinances.
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Old 08-27-2012, 06:26 PM   #45
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Vengeance is short lived satisfaction. You now know you have a jerk for a neighbor. Behave like a professional in dealing with this idiot. It may not be the last issue between the two of you.

If the neighbor is renting you should let the landlord know what happened.
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Old 08-27-2012, 06:40 PM   #46
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Originally Posted by travelover View Post
I used to work with a guy who got into petty arguments with his neighbor. One day he cut his lawn and blew some grass onto her side walk. She came out to curse him while he was watering his lawn. He squirted her with the hose. She went inside and got a handgun and shot him in the head. He lived.

Some stuff just ain't worth it.
This kind of thing happens more often than we think.

There is only one reason to sue someone, when you expect to collect meaningful money net of costs.

And IMO there is no reason to get into arguments. Likely reasonably safe in a good enighborhood, but there are a lot of weird people out there. Most of these mass shootings are done by people who live in "good neighborhoods".

Ha
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Old 08-27-2012, 06:43 PM   #47
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I see why you are pissed but in the big scheme of things it's not such a big deal. If this is the worst thing that happens in your life it will be a good thing. Take a few days to calm down and it will go away, after all it's only a tree branch. He didn't cut the whole tree down and he did do a good job.
I think 73ss's opinion and view pretty much matches mine. The neighbor had a reason or he would not have gone to that much trouble. You and that guy could probably get together and wind up being good friends...both watching out for the other. You never know...
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Old 08-27-2012, 06:47 PM   #48
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Great ads now at top of this thread for those that see ads, don'tcha think? It's amazing what AdSense can do.
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Old 08-27-2012, 07:30 PM   #49
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One of my current neighbors has never fertilized his lawn, never pulled weeds (some are 15 foot trees now), mows the front/side yard every 3 weeks or so and the backyard once a year. The house needs to be repainted. Their garage is packed with junk, so their cars are parked in the driveway always. They paid more than $300K for the house. They're pigs, plain and simple. If all they'd done is cut a branch off one of my trees growing out into the street, I'd be angry --- but I'd trade neighbors with the OP...
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Old 08-27-2012, 07:50 PM   #50
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It seems like a criminal matter to me. They're guilty of trespass and destruction of property. I would've called the police.
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Old 08-27-2012, 07:53 PM   #51
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Ask your questions, don't assume they can read your mind. That is a good amount of hard work for a neighbor to take on for no apparent good reason. Also they had no intention of hiding the fact they did it as evidenced by stacking the debris in their yard. They are either insane workaholics, or had a good reason from their perspective to cut the branch down. Does not excuse them for not communicating. Maybe they think like you, and inferred it was ok, since you never stated they could not do it.
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Old 08-27-2012, 07:54 PM   #52
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I would suggest that you talk with a lawyer. While there isn't much that can be done at this point, I think you want to make a bit of a fuss so that your jerk neighbor doesn't think that he can just waltz onto your property as he wishes without any repercussions.
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Old 08-27-2012, 08:40 PM   #53
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You really need to ask him why he wanted the branch cut. Then you really need to think about how you would have responded IF he had asked permission first. If he wanted the branch gone for a reasonable reason, and you would have given him permission if he would have asked first, then tell him so.

YOU; Dude! Why did you want to cut my tree branch?
NEIGHBOR; It was dripping sap on my car and was causing me troubles.
YOU; Well, if you would have asked first, we could have worked this out.
NEIGHBOR; Seriously?
YOU; of course. I'm reasonable. Cutting my branch off without checking first really wasn't cool.
NEIGHBOR; Guess you're not the jerk I always heard you were.
YOU: Jerk? Who says I'm a jerk?
NEIGHBOR: all the other neighbors. They talk about what a pain you are all the time!

(Well, maybe not quite like that but you get the picture)

The thing is, are you mad about the branch, not asking permission, or trespassing?

And for fun? Make a fake tombstone that reads;

Here Lies the Last
SOB
Who Tresspassed

(I've got one for my driveway that reads, "Here lies the last SOB who parked in my driveway." Never have had anyone park there)
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Old 08-27-2012, 10:32 PM   #54
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Last year, I trimmed a couple medium sized trees where limbs were encroaching on the sidewalk. They seemed fine all summer but this spring, one never came back and apparently died over the winter. I cannot know for sure it was a trimming mistake, but they were healthy until this incident and no reason to believe anything would have killed the one.

Your big tree may still suffer from the amateur trim job and you may not know until next spring (or later). If you can do something now to establish the neighbor's responsibility for future damage it may be worth it should the tree react badly over time to this trimming.
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Old 08-27-2012, 10:43 PM   #55
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I had a neighbor do the same thing this spring/summer to a running rose where one of the branches took off towards his yard. Ticked me off too. But what was done was done. All they had to do was to ask me to prune it back and I would have. The way they did it was damaging to the rose. It was a running Peace rose, hard to find and grow in our area. My dead mother's 94 year old friend had given it to me so it was that sentimental piece of it that upset me. While certainly not at the level your tree was, I can understand why you feel invaded. That was a huge branch he took off.! This is a tough one! Might consider covering that wound with something like a spray tar. It might run tree juices next spring.
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Old 08-28-2012, 07:10 AM   #56
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Folks here seem to be way too easy going! (Assuming the tree was not overhanging the other's property)

Someone came onto the proprety and removed (cut down) another guy's property!! It's vandalism. "Let it go" to keep peace in the neighborhood??

Sure, I'd like to talk it out after the fact, but too many nieghbors today would just meet that challenge with an expletive and walk away giving you the 'number one' hand sign.

I'd like to know where you folks live where a guy can come on to your property, cut down a tree limb and then everyone discusses it over a cold beer. "dude, that wasn't cool".

Really??
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Old 08-28-2012, 07:36 AM   #57
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Folks here seem to be way too easy going! (Assuming the tree was not overhanging the other's property)

Someone came onto the proprety and removed (cut down) another guy's property!! It's vandalism. "Let it go" to keep peace in the neighborhood??

Sure, I'd like to talk it out after the fact, but too many nieghbors today would just meet that challenge with an expletive and walk away giving you the 'number one' hand sign.

I'd like to know where you folks live where a guy can come on to your property, cut down a tree limb and then everyone discusses it over a cold beer. "dude, that wasn't cool".

Really??
+1 I wouldn't want to have "letting it go" set a precedent that someone can trespass on my property and do whatever they want. You need to send a stern message that the actions the neighbor took are out of bounds. Letting ti go doesn't do that.
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Old 08-28-2012, 07:44 AM   #58
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. They have two non-operating vehicles parked in their driveway, one is up on ramps.
Most citys don't allow this. Perhaps these cars are disturbing your view much like the tree branch was theirs. A call to the code enforcement seems in order.
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Old 08-28-2012, 08:06 AM   #59
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Couple of things to consider while you ponder what you want to do:

1. Call the City. File a complaint if that is an avenue provided by your city. Ask what recourse you may have if any. Perhaps they will send someone to talk to this guy. Perhaps it will "pull this guy up short" because NOW others know what he did. I wouldn't expect a lot but at least your neighbor will know you are not taking this sitting down.
If there is anything unsightly in your neighbor's yard, you can also complain about that. The city typically is bound to ask your neighbor to clean it up if it breaks ordinances. But before you do this, make sure you are not breaking some yourself.
2. Get a lawyer to write your neighbor a stern letter. Might be $200 or so. You also can write the letter and ask the lawyer if he will put it on his letterhead and save you a bit of money.

3. Get a No Trespassing Sign and put it in front of your tree.

At the end of the day, it depends on what type of relationship you want with this neighbor. Friendly standoff or war.
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Old 08-28-2012, 08:35 AM   #60
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I don't think the consensus here was to just let it go.
Most of us were suggesting the OP talk it out with the miscreant, so that all the facts (and opinions) on both sides were out in the open.

Otherwise, we're looking at a knee-jerk reaction to a jerk's action, and that can't be a good thing in the end.
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