Re: Neighbor cuttin limbs of my tree on his property

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Pat:

Very good posting by NN. I stand by my original posting of 12-13-06.

On 12/18/06, NN wrote:
> 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?