Re: Neighbor cuttin limbs of my tree on his property

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Pat the problem begins with you. Yes you ay think you ar a victim, it
sounds like you are. But. In reallity you are wrong. You are
treaspassing. And regardless of what you think he is, do the right
thing. If your tree is tresspassing onto his property. Then it is
your "responsabilty" to make sure it dosen't. And the finacial burden
is yours, and yours alone. So the guy is a prick! But you are not
acting any better by being aloof in your respnsabilty. If a limb comes
down in a storm and hits him in the head, you are going to get sued by
the prick. And you are going to lose. Thank you for the web site i
looked it over. Heres one for you. Rude Neighbor.com ... I've had
simaler problems and realisd i was in the wrong. I fixed it the best i
could. Haven't fixed the neighbor. Who cares! I did what was right.
Like i would expect if i were the neighbor! And cats! I got nothing
against them, but destroying my tree dosen't sit right with me. So
some neighbors cat is wearing egg on it's face right now. Cuz he got
whacked. Haven't seen it since. Afer all my tree is a bird santuary.
It was killing the birds sitting in there like a king, breaking
delicate branches. It comes back, i got two eggs!!

On 12/14/06, Pat wrote:
> 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?