Re: Neighbor cuttin limbs of my tree on his property

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On 12/18/06, NN wrote:
Pat, among the articles for knowledgeable information on tree law (in
the Stae of CAlifornia) try reading this on website:
http://www.treelaw.com/articles/wam.fall.2002.html

On 12/15/06, v wrote:
> 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?