Neighbor Trespassed on Property and Cut Tree Limb

[Shanky]

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.

 

[pb4uski]

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.

 

[skipro3]

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)

 

[growing_older]

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.

 

[sheehs1]

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.

 

[marko]

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??

 

[pb4uski]

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.

 

[Lazarus]

. 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.

 

[sheehs1]

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.

 

[braumeister]

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.

 

[marko]

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.

Sounds like he did try to talk to the guy but ended up talking to the hand.

With "two non-working cars in the driveway, one on ramps", I think I got the picture of what this guy is up against.

 

[nico08]

Marko- You hit the nail on the head, these people are completely ignorant. They have grandparents, adult children, granchildren, boyfriend/girlfriends of adult children all living over there. They are probably violating the housing code in regard to the number of residents in the dwelling. Talking to them is like talking to a wall, because they have such an entitlement mentality.

Braumeister- I simply don't agree with you. These neighbors do not have a justifiable reason for their egregious behavior, and I have neither the time nor the inclination to elicit from them, after the damage has been done, what the unreasonable basis for their behavior was. I had the interaction on Sunday, and no explanation was offered, and nothing they could have said would justify their behavior. They are ignorant, selfish and self-centered people who give no consideration of others in their behavior. I simply attempt to avoid them, but this clearly went over the line.

 

[DallasFH]

This could only end in tear...

 

[easysurfer]

I live in a condo and the thought of getting a house instead (more privacy) sounded appealing. But after reading Midnighter's situation, maybe I'll table the thought of getting a house.

"Good fences make good neighbors" -- Robert Frost

 

[brewer12345]

Marko- You hit the nail on the head, these people are completely ignorant. They have grandparents, adult children, granchildren, boyfriend/girlfriends of adult children all living over there. They are probably violating the housing code in regard to the number of residents in the dwelling. Talking to them is like talking to a wall, because they have such an entitlement mentality.

Braumeister- I simply don't agree with you. These neighbors do not have a justifiable reason for their egregious behavior, and I have neither the time nor the inclination to elicit from them, after the damage has been done, what the unreasonable basis for their behavior was. I had the interaction on Sunday, and no explanation was offered, and nothing they could have said would justify their behavior. They are ignorant, selfish and self-centered people who give no consideration of others in their behavior. I simply attempt to avoid them, but this clearly went over the line.

In that case, get the town involved via a complaint about any obvious code violations and see if you can file charges for trespassing, destruction of property, etc. Start the paper trail.

 

[youbet]

Some stuff just ain't worth it.

+1

midnighter777, it really sounds as though the tree limb issue, in and of itself, is more of a "last straw" than an issue worthy of your extreme level of anger. Every living situation brings with it some level of interaction with neighbors, zoning boards, town rules and regs, etc. It sounds as though the personalities, life style and living arrangements of your neighbors really rub on you and that your town's rules and regs (or their level of enforcement) don't adequately control the situation. Your extreme displeasure at who is living next door, the broken down cars in the driveway, the personalities of the neighbors, etc., seems to have erupted with this last incident.

I'd suggest taking some time and think about whether you can tolerate (or if it's worth tolerating) living next to these folks. Sit down with someone from your town gov't who can advise you on what they can/would do from an enforcement standpoint. The broken down cars parked for an excessive time, for example, might be an easily enforceable violation of a town ordinance. Perhaps the number of people living in the house too. Then you'll have to decide your course of action. You can live with things as they are and avoid stirring up open warfare. You can ask the town to do some enforcement of ordinances that might make things more to your liking. Or you can move. What you can't do is expect these people to significantly change. Even if you succeed in some legal action so they know they should never, ever put a toe on your property again, they'll still be who they are and you'll still be living next door........

 

[Buckeye]

I live in a condo and the thought of getting a house instead (more privacy) sounded appealing. But after reading Midnighter's situation, maybe I'll table the thought of getting a house.

"Good fences make good neighbors" -- Robert Frost

This situation demonstrates the value of the dreaded homeowners association rules!

 

[mickj]

This situation demonstrates the value of the dreaded homeowners association rules!

Completely disagree! usually people like this will ignore the homeowner's association.

 

[JOHNNIE36]

midnighter, I can't for the life of me understand why you wouldn't approach your neighbor and ask "why would you do that without talking to me first? Is there some reason you were so secretive about cutting off that limb?"

Just logical questions one would ask if they want to maintain some kind of good neighbor relations. It's a little after the fact now and your neighbor is probably saying "I guess he really didn't care".

 

[Bestwifeever]

I'd probably already have called a lawyer myself but since you came here and asked for advice, it didn't seem like something you wanted to do. Like I said before, you should call the city (and maybe your police department) and chat them up about what happened. If you lead into some code violations on the neighbors' property, the city could fine them (and all cities welcome the opportunity to get some income from fines).

You should do whatever you're going to do pretty quickly so it doesn't appear that you didn't care, and agree about the paper trail.

 

[JOHNNIE36]

This situation demonstrates the value of the dreaded homeowners association rules!

I don't understand what a homeowners association would have to do with this situation.

 

[youbet]

This situation demonstrates the value of the dreaded homeowners association rules!

Yep. Everyone has to pick their devil. Unruly neighbors with ghastly lving habits. Or, a homeowner's association which rules like a band of thugs getting into everyone's business, snooping, interpreting and enforcing rules in unpredictable ways, acting like the "top dogs in town......."

It's not easy to get just the right balance in society!

 

[ziggy29]

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.

I don't know what I would do personally, but I suspect the approach would be somewhere in between "no big deal, let it go" and "wage all out legal and criminal war". I probably wouldn't be inclined to go to court or the police (at least in terms of actually following through) but I would make it clear that if it happened again, I would.

I do like the idea of getting an arborist out there, assessing the situation and "treating" the tree as necessary, and giving the bill to the neighbors.

 

[haha]

Yep. Everyone has to pick their devil. Unruly neighbors with ghastly lving habits. Or, a homeowner's association which rules like a band of thugs getting into everyone's business, snooping, interpreting and enforcing rules in unpredictable ways, acting like the "top dogs in town......."

It's not easy to get just the right balance in society!

I kind of worried about this when I bought a condo. But just like I had no reason to worry about apartment living, I had no reason to be concerned about condo living. I think the key is upper middle class people with jobs and lives. They really have no reason to be a-holes, there is too much interest and satisfaction in their lives for them to waste time on manufactured conflicts.

I suppose as a retiree, they took a risk on me.

Ha

 

[ziggy29]

I kind of worried about this when I bought a condo. But just like I had no reason to worry about apartment living, I had no reason to be concerned about condo living. I think the key is upper middle class people with jobs and lives. They really have no reason to be a-holes, there is too much interest and satisfaction in their lives to waste time on manufactured conflicts.

I for one love the concept of urban living without needing a car. The problem is that I can't stand noisy neighbors and have a low tolerance for such, and as a result I am averse to sharing walls with anyone I have little or no control over.