Re: Neighbor cuttin limbs of my tree on his property

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Pat

A property owner owns from the edge of their property "to the
heavens and to the center of the earth. YOU Pat were
enchroachin and tresspassing on someone elses property. It is
not right for you to grow trees that hang in the space some one
else owns. Why did you plant the trees on the property line
knowing they would violate another's property rights? The other
person was within his rights to cut the offending limbs from his
space. This is his space to use as he wished. He did not want
tree limbs there.

Res ispa Loquitur
>
>
> Thanks for the response. I am still waiting to hear from the
> attorney. The tree removal company I called said they do not
> ever remove limbs from a tree on one property when the tree is
> on another property unless they have written, signed
permission
> from the tree owner. Otherwise they said they are liable for
> damages. My whole concern now is that my tree looks like hell,
> and now I am going to have to hire someone, at my expense to
> make it look presentable, especially if I put my house up for
> sale. It just is not right that someone can just start
whacking
> away at your tree limbs.
>
> On 12/13/06, 123 wrote:
>> Believe it or not, there is a growing segment of law devoted
>> to "tree law." Many factors could come into play here (local
>> ordinances, whether or not the tree limbs were diseased and
>> could be classified as a nuisance, how long the tree limbs
>> were protruding over the property line, did cutting the
>> limbs effect the health of the tree and if so, how much,
>> etc., etc.). From personal experience I know that these
>> types of disputes, if handled in the courts, can get very
>> expensive. Usually, the party who is willing to spend the
>> most in legal representation can drown the other party in
>> legal costs and make them cry "uncle".
>>
>> Generally speaking, if your tree limbs are on the neighbors
>> property, they are trespassing on your neighbor's property,
>> and neighbor has a right to cut them at the property line.
>>
>>
>>
>>
>> On 12/13/06, Pat wrote:
>>> I have a large pine tree with base in my lawn. My neighbor
>>> has just cut down limbs on his side of the property line
>> up
>>> to the property line. He did not trespass to do this, but
>>> now my tree looks like hell. It is a huge pine tree. I
>>> have called the police, they say it is a civil matter, to
>>> call Magistrate. I did that, they said they cannot give
>>> legal advice and to call my lawyer. I have called him but
>>> he is in court. Now the limbs are down. He did not ask
>>> permission. I did get photos of him doing it though. I
>>> called zoning and they have nothing on the books on this.
>>> Until I hear from my lawyer, do I have an recourse?