Neighbor Trespassed on Property and Cut Tree Limb

[travelover]

I suppose you could write a 5 foot high swear word in his lawn with bleach in the middle of the night...

I always use Roundup.

 

[btbw2380]

I'll offer this: Consider all your possible actions, likely outcomes from those actions and then what is the best way for you to move forward from this piont? Nobody wants to be taken advantage of or treated like crap. If you value revenge enough to get into costly legal battles, have you and your neighbor hate each other and possibly have some kind of physical altercation some day perhaps even getting arrested, then take that path. Bottom line is there's lots of idiots and inconsiderate people in this world, sometimes it's just best to "manage" the situation and feel incredibly grateful you're not like your neighbor.

 

[73ss454]

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.

 

[FIREd]

Maybe you can file a trespassing restraining order. If he trespasses again, have him arrested. Quite an aggressive move, probably not ideal to foster an amicable relationship with the neighbors.

Personally, I would make it clear that I don't want to find him or his kids on my property again. Then move on with my life. The cut looks clean, the tree will probably be OK.

 

[RockyMtn]

Cut down one of his branches!

 

[samclem]

Of course you are mad. I'd be mad, too. But it's unlikely you can recover anything from him that will be worth the time and effort involved, and you can be sure the situation will escalate in an unfortunate direction if you try.

Look at what you gained: You gained the very valuable information that your neighbor is an inconsiderate jerk and he and his son are willing to do damage to your property. That insight has cost you one tree limb. You now know exactly how you should proceed in every interaction with these people. That's important information, you got it without getting physically hurt, and you are free to pass it along to your neighbors for their own benefit. I think you should move on from here and hope your anger and the tree are both healed with time's passing.

I would document the damage to the tree and his remarks to you. If the tree dies or if some other situation develops, that could be handy.

Don't attack his yard, he'll know you are responsible and the situation will escalate.

 

[braumeister]

Braumeister- it seems liked he owed an explanation to me, and he did not provide it. Why is the onus in me to determine why he did what he did, after the damage is done. There clearly was a failure to communicate, but I place this failure on the neighbor- not on me.

Please forgive me for giving the impression that I was being critical of you. I was trying to put myself in your shoes, and coming up short (hmm, mixed metaphor there, but you know what I mean).

If I had been there, I would certainly have asked him to explain his reason for the action. I got the impression that you were extremely upset over it, but not enough to press him for an answer. I don't understand that.

Now you seem to be looking for advice about possible legal recourse. If you go that route, doesn't it seem likely that the first question you'll be asked is "Why did he do that?"

Unless you clear the air with your neighbor first, you won't have any answer to that, and your legal proceedings will immediately come to a grinding halt.

IANAL, and certainly not qualified to give advice to anyone, just offering another perspective.

 

[RunningBum]

The arborist suggestion is a good one. Talk to your neighbor again, ask why they did it, and tell them you are concerned that the tree was damaged and they will have to pay for an arborist to check it out and repair/protect if needed.

 

[JPatrick]

Seems to me you have three problems that you can reasonably do something about.
A mess on your driveway, a speciman tree that may be compromised, and a jerk that you would like to never see on your property.
Send a letter telling him that the tree needs to be checked and the mess moved. He can either take care of it himself, or you will do it and bill him. Please respond in 48 hours or I will assume your desire to be billed. Of course, as you proceed through this process you may need the services of the small claims guys.
Just in case things escalate, this link may be of value.
http://www.early-retirement.org/forums/f27/how-to-swear-like-a-drunken-sailor-62795.html

As far as pranks go, I'm an old school guy who simply enjoys the old "Place flaming bag of dog crap on doorstep--ring doorbell and run." YMMV

 

[nico08]

Braumeister- the tree branch was healthy, it was trimmed and maintained by the electric company, he trespassed on my property to do what he did, the branch was growing in the direction of the street. I believe the branch was high enough to not interfere with any cars, vans, etc.

Why should I care what his explanation is for doing something that completely lacks any civility. A reasonable person would provide his explanation for wanting to do something PRIOR to taking that action.

I really have no desire to interact with these people. They have proven that they lack any sense of appropriate behavior. Honestly, no explanation that they could provide would justify their actions and the way they went about it.

Any further interaction with them won my part will only increase my anger with them because of their self-centered behavior and lack of civility.

 

[Keim]

Braumeister- the tree branch was healthy, it was trimmed and maintained by the electric company, he trespassed on my property to do what he did, the branch was growing in the direction of the street. I believe the branch was high enough to not interfere with any cars, vans, etc.

My guess is that it DID interfere with his car. Specifically, I'll bet it dripped a lot of sap onto his car.

Does that justify his action? Hell no! But that is my guess.

FWIW I would NOT go to court. Doesn't seem worth the hassle and potential "bad blood." But I would take pictures, and document the incident. And I'd let the neighbor know very clearly that Iwas displeased. I'd probably write a very polite letter to him documenting the incident.

 

[Bestwifeever]

My guess is that it DID interfere with his car. Specifically, I'll bet it dripped a lot of sap onto his car.

Does that justify his action? Hell no! But that is my guess......

As someone who occasionally has to park under an elm tree, I also think this is the reason the neighbor cut the limb.

Maybe when you ask the neighbor why he did it (or even if you don't), you can also ask him to let you know if there are problems with your landscaping so you can get them taken care of vs. him doing it. Tell him your insurance agent told you it's important that you handle work on your property for liability issues or something. That way it's not personal.

 

[Brat]

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'.

 

[brewer12345]

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.

I think this makes the most sense. That way you protect the tree, risk maybe a few hundred bucks, and make it damned clear to your neighbor that further incursions will not be tolerated.

Hell, there are states where a further trespass would allow you to legally shoot the trespasser. In NJ you are just about allowed to politely ask the to leave, but even then you might be sued.

 

[Keim]

I think this makes the most sense. That way you protect the tree, risk maybe a few hundred bucks, and make it damned clear to your neighbor that further incursions will not be tolerated.

I liked your suggestion involving bleach.

 

[travelover]

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.

 

[Cessna5354]

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 !!

 

[frayne]

much ado about nothing

 

[MichaelB]

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.

+2

 

[Brat]

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.

 

[haha]

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

 

[Redbugdave]

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...

 

[LOL!]

Great ads now at top of this thread for those that see ads, don'tcha think? It's amazing what AdSense can do.

 

[Midpack]

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...

 

[aaronc879]

It seems like a criminal matter to me. They're guilty of trespass and destruction of property. I would've called the police.