Neighbor Trespassed on Property and Cut Tree Limb

[NW-Bound]

The OP will have to find a way to warn the neighbor not to do this again, yet not waging war.

This guy's home has many occupants, and who knows what they can do while the OP is at work and cannot prove who does what. Please be careful.

 

[nico08]

Hi Johnny- I did ask- and I was told- I work five days and week, and you were not home when I decided to do this. Ridiculous, right?

 

[Buckeye]

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

Yes, they will but there is legal recourse without having to go out and hire a lawyer yourself. It may take a little time, but if you have a half-way decent association, the neighbor will clean up or be gone!

 

[youbet]

Ridiculous, right?

It seems like we've accumulated about 4 pages of consensual validation that the neighbor was wrong to trespass and remove the limb from your tree. We understand that you're really pissed. But to move ahead, where to you feel comfortable heading with this now? Direct confrontation? Confrontation through town officials or a lawyer? Just let the neighbor know you're unhappy and not to trespass again and then let it go? Do nothing further?

 

[Badger]

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.

Maybe it is just because I live in a timber producing state but around here cutting a tree you don't own is a serious violation of state law. The State Police stop pickups with wood in the back and do our own version of 'papers please'.

Kinda like in the ol west and horse thievin'. That would be a hangin offense but he already cut the limb off the hangin' tree.
I would'nt do anything to his property and run the risk of legal action against you. I would also not have any further contact with that family. Your neighbor has already demonstrated that he has no respect for personal property, is inconsiderate, and would more than likely prove to be a further pain in the neck. I would, however, make sure this is reported to the city and is on file that he trespassed and damaged your personal property. What ever you do document everything and make copies.

Cheers!

 

[eytonxav]

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.

I like this idea as well. If the neighbor refuses to pay that bill, I would contact the police and file a complaint of tresspass and destruction of private property (assuming there was no overhang of the tree on the neighbors property). I believe that is a misdemeanor. Then you could follow-up in small claims court to force him to pay the bill.

 

[Badger]

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.

I would be very careful of these folks. Do you often hear banjo music coming from their house?

Cheers!

 

[youbet]

midnighter:

In the first pic, is the neighbor's house the one to the right of the tree?

In the second pic, what is the basketball hoop that seems to be installed near the curb? Did someone actually place a bb hoop near the curb so the kids could use the street as the court?

You stated that the branch extended primarily toward the street. Did some of it extend over your neighbor's driveway?

 

[Katsmeow]

The closest situation I had to yours was that we bought a house on acreage in a subdivision with very mild restrictions. Before moving in we got written permission from the HOA to build a fence which we needed because we have dogs. The neighbors went nuts when they found out we had gotten the permission to build the fence (they didn't like fences and even complained about their neighbors house across the street because it blocked their view...). Anyway, the HOA contacted me and told he about the neighbors and to keep peace I agreed to build a fence slightly shorter and put in some additional barrier landscaping (at great cost to me). Still, I insisted and received ongoing permission to build a higher fence.

Shortly after the fence started to be built, the wife neighbor came onto my property (I wasn't there) and told my fence guy to stop building the fence because it was too high (it wasn't). I nicely went over to try to speak to her. She refused to meet with me but the husband did and I explained why we needed the fence. I also politely told him that they were to stay off my property or I would take legal action. I said I was willing to talk to them any time but they couldn't trespass.

They never gave us any more trouble. I was told by the HOA that one or both of them had been on the HOA before and that the husband was retired (he was I think in his 50s) and had nothing better to do but try to policy the neighborhood.... At various HOA meetings over the years we were there they raised various complaints about people but didn't give us any more trouble.

I think Marko has it about right. Frankly, I would probably consult with an attorney as to legal options. At a minimum might ask for a strong letter to stay off my property. I concur with consulting with whoever handles code enforcements for things like the broken down cars and too many residents. Get a sense on whether they will do anything.

Are the neighbors owners or renters? If renters, perhaps the problem will go away. Do you know the landlord?

If owners -- how long have they owned? Do you think they might move?

At the end of the day if I thought this was going to be a long term problem because I thought the neighbors wouldn't be moving, I might seriously consider moving myself.

I would find it hard to ignore that kind of thing.

 

[Texas Proud]

midnighter:

In the first pic, is the neighbor's house the one to the right of the tree?

In the second pic, what is the basketball hoop that seems to be installed near the curb? Did someone actually place a bb hoop near the curb so the kids could use the street as the court?

You stated that the branch extended primarily toward the street. Did some of it extend over your neighbor's driveway?

Good questions.... a layout of the scene would be a bit more helpful....

Also, if the neighbor is to the right on your first picture, it looks like your tree is overhanging their property way up there.... if so, think about what else they can do... this time legally....


I have read all the posts... I would get the police involved ASAP... the longer you wait the worst it is IMO (maybe an ex cop can repond).... have THEM ask the questions that should be asked... see what you get back and then decide what you want to do going forward...


If these people are poor, they might have already been in the system and might even have been to jail before... it amazes me that some really do not care about going back.... I would not want to pick a fight that I know I would lose...

 

[youbet]

The closest situation I had to yours was that we bought a house on acreage in a subdivision with very mild restrictions. Before moving in we got written permission from the HOA to build a fence which we needed because we have dogs.

Just curious Kat, was there a restriction on fences? That is, was the "permission" you received a variance from a HOA prohibition against fences? Or, more likely, was there no restriction on fences but you got "permission" to document and ensure that your's would be OK?

 

[easysurfer]

The situation reminds me somewhat of one years back. This wasn't a tree limb but still a neighbor situation. Different place than present, but I had this neighbor below me who was a bit of a worry wart. Too much noise above, she'd notice. You get the picture.

One time my toilet overflowed and water ended up leaking down through her bathroom fan. . When she called, upset and understandably so, I apologized big time to her. I offered to go and mop up the mess. Just my apology (I did honestly feel bad), diffused the situation.


Even afterwards, sometimes I'd have her sign for packages for me and we would compare notes about the silly condo rules.

 

[Silver]

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.

Midnighter....it's fairly clear to me that you know why they cut off the tree limb. Maybe they never attempted to negotiate an agreeable solution as intelligent people would, but living there you had to know that the tree limb could be an issue. Stuff like this doesn't "just happen" without some prior inkling of a problem.

That said....your property was damaged and a police report at a minimum seems appropriate. I would also hire an arborist to look at the tree as previously suggested, and send both the written report and a request for reimbusement for your payment of the arborist to the neighbor. That's about as far as I would go.

Since all I can control is my own behavior, I would learn from this that perhaps being the one to initiate communication regarding possible issues (even with people I think very little of) could be a valuable preemptive skill.

 

[JOHNNIE36]

Hi Johnny- I did ask- and I was told- I work five days and week, and you were not home when I decided to do this. Ridiculous, right?

Sorry for missing you post early on where you did ask the neighbor about cutting the limb. His excuse of working and not being able to talk to you when he decided to cut the limb, is a lame excuse. If nothing else, he could have left a note. He just wanted to get it over with and face you later. He's gutless. I would still pursue it with him directly and not legally.

 

[nico08]

midnighter:

In the first pic, is the neighbor's house the one to the right of the tree?

In the second pic, what is the basketball hoop that seems to be installed near the curb? Did someone actually place a bb hoop near the curb so the kids could use the street as the court?

You stated that the branch extended primarily toward the street. Did some of it extend over your neighbor's driveway?

In the photos, the neighbors house is on the right hand side of the photo.

Yes, the same neighbor installed the BB hoop and conveniently uses it as an excuse to not park one of their multiple cars in front of their own house and instead park in front of the homes of others.

I can't be 100 percent sure, but I dont think any of the branch hung over their property. If there was any overhang, it was nominal and did warrant this type of action.

 

[MDJO]

Turn him in to the city for the car up on ramps - most places that is not permitted for more than a day or so.

 

[skipro3]

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.

****EDIT****
The only person I called or needed to call was the insurance company. They took care of the rest. Maybe you could consider doing that?

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??

And the better solution is to involve the law and lawyers. yea. That's always the better way to go; waste your money on blood sucking lawyers. Not to mention begin a Hatfield/McCoy feud over a stupid tree limb.

Like to know where I live? I live in the country on several acres. I lost a tree limb once due to a 'neighbor'. Well, actually every tree limb. This person started a fire that took out everything I own. Believe me; it's not worth it over a simple tree limb. Learn what it takes to get right with this neighbor. He isn't going away and life is too short to worry over such a thing.

Instead of pissing over the loss, I spent my energies building a better place on the same scorched earth.

Figure out what it will take to make this problem become something good. Remember; you can make a hell of a glass of lemon-aide out of lemons.

 

[skipro3]

BTW, the only person I needed to contact was my insurance company. They handled everything just fine. This happened 5 years ago.

 

[JOHNNIE36]

skipro, that is one beautiful place. Congratulations. And all this over one stupid neighbor.

 

[skipro3]

Thanks Johnnie. Agreed, the neighbor was stupid. It could have been worse if I had let it.


Don't let one stupid neighbor ruin it for you!!

 

[Buckeye]

Thanks Johnnie. Agreed, the neighbor was stupid. It could have been worse if I had let it.


Don't let one stupid neighbor ruin it for you!!

I take a virtual walk around the local children's cancer ward when I think I might be making too much out of something. Life is good!

 

[veremchuka]

I don't blame the op for being mad. I think you received a lot of advice pro and con. They sound like a$$holes and sometimes it's better to not antagonize a$$holes even when they are wrong.

On the flip side, maybe 6 months from now when all this blows over you might drive by their cars parked on the street late at night and toss a few eggs on the cars? It would take just a few passes with an open window, nothing fancy just hit the hood, trunk and roof. If they say anything comment about how you've observed that the neighborhood has gone down hill.

 

[Katsmeow]

Just curious Kat, was there a restriction on fences? That is, was the "permission" you received a variance from a HOA prohibition against fences? Or, more likely, was there no restriction on fences but you got "permission" to document and ensure that your's would be OK?

Yes and no. There was a restriction as to type of fence which we were not varying from. There was no limitation on height but all fences had to be approved. Most fences were 4' with a some 5' and a very few higher. We wanted 6' due to our dogs who could jump 4' without breaking a sweat. The compromise we made was to get approval for 6' but to try 5' in some areas with barrier landscaping. We were free, however at any time to put in 6'. Neighbors didn't want us to change the existing 4' fence and tried to talk me into actually removing part of it. Ironically when we sold the house it was to people with dogs who thought our fencing was perfects for dogs.....

 

[nico08]

In the photos, the neighbors house is on the right hand side of the photo.

Yes, the same neighbor installed the BB hoop and conveniently uses it as an excuse to not park one of their multiple cars in front of their own house and instead park in front of the homes of others.

I can't be 100 percent sure, but I dont think any of the branch hung over their property. If there was any overhang, it was nominal and did warrant this type of action.

The last sentenced was meant to read- If there was any overhang, it was nominal and did not warrant this type of action.

 

[marko]

Skippro3: Nice post, but I think the difference here is that (I'd suspect) your neighbor didn't deliberatly set the fire with the intent of burning down your house.

The subtext here is that all too often, nice neighborhoods get invaded by one or two bad eggs.

The house where the nice little old lady used to live is now occupied by (as midnighter mentioned) "....grandparents, adult children, granchildren, boyfriend/girlfriends of adult children all living over there...", a few dogs, junk cars and late night parties (because no one has to go to work in the morning). I think we've all seen situations like this.

Not everyone can live in the country on 'several acres' of land like we do. Many neighborhoods have to hold their breath every time a moving van pulls up, wondering if some urban hillbillies (with apologies to real hillbillies) will be arriving next door and where everyone thinks its just a fine idea to hold beer bong parties on the front lawn.