Re: Neighbor cuttin limbs of my tree on his property

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I did not plant the tree. The tree, among others are probably 30-40
years old, here well before any dwellings. I bought the lot/house
because of the trees and shade. The tree in question is in the
middle of my property, and the limbs hang just over the property
line. They are not obstructing. They were not touching anything of
the neighbors, not causing any harm that I can see. He is just a
prick. A few years ago, he trapped and took a cat of mine that was
outside. He has called the police no less than 20 times because we
park on the court on the street (legally I might add according to
police) and he just does not like us parking there. So you see
what we are dealing with here. Just go to www.borzotta.com and
there are whole postings about these types of people. My whole
point is that I know there are protected trees here, and also, tree
companies will not even touch other owner's trees because they are
liable.
My sister had a neighbor like this who hacked evergreens back to
the trunk from their side that were mainly on the other neihbor's
property. THe trees died, the neighbor who had most of the trees
on his land but on the border sued and WON because the other owner
did not ask permission or get zoning involved, killed the trees,
was not supposed to cut them in winter and killed the trees. He had
to pay the other neighbor restitution. Plus, what if this guy fell
on his ladder while propped against a limb of my tree? It just
makes me mad that anyone can just whack off tree limbs at will
without thought to asking or doing it correctly.

On 12/13/06, Res ispa Loquitur wrote:
>
>
> 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?