Came Home to find tree gone! Long Post...Venting

[ultrarunner]

My home is on 1 acre and the previous owner planted/cultivated a row of Oak and Monterrey Pines along the fence row so my shop and yard would have some privacy from the neighbor. The shop and having some land out back where I can park an old truck or keep my log splitter is why I bought the place. My city has strict rules regarding blight in the public view and just about anything stored can be considered blight if visible

The Pines are mature, about 50 to 60' and Oaks 10 to 15'

My new neighbor of 3 years with his 5 year old home has been after me since day one to take out my trees because needles would carpet his driveway a couple of times each year after a big wind storm. No needles would ever be on his roof or landscaped area.

He went ahead last year and had a tree company trim a few very large branches back to the edge of his driveway and asked me about it ahead of time. The trimming caused sap to drip on his vehicles which is much worse than the occasional needles.

This week he asked for permission to come on my property to take the branches back to the trunk and I said no problem.

Last night when I came home I found all the Pines limbed from the ground to 40' on the side facing him and one of my Oaks is totally gone... the tree guy said he was told to take it out and my neighbor said the tree guy had a limb get away from him and it wiped out the oak. I saw the tree guy this morning and asked for his license and insurance and he drove off.

I'm not a tree fanatic, but I do value my privacy... which is not gone. My entire yard and shop is now in full view from all the rooms on the east side of his home and deck.

I talked to him this morning and he apologized by saying the tree guy was a little too aggressive and offered to reimburse me the cost to set a new Oak... Not much consolation when I now live in a fish bowl.

I'm thinking about buying 20 Bottle Brush trees... they seem to thrive in my area and in 5 years should get real bushy... or maybe it's time to pull up stakes and move out of the city...

 

[tallyho8]

That sucks. If someone cuts a tree on my timber property they are liable for treble damages of what the tree was worth, however, you are dealing with a next door neighbor and in order to keep peace in the neighborhood, you have to be a little more diplomatic in this situation.

You could pick several varieties of trees that you would like to plant to replace what was lost and talk to your neighbor to see which of your choices he likes the most. Then you should take him up on his offer to pay to repair his mistake.

Everyone must realize that trees planted on their property line will encroach on the neighbors property and in most areas the neighbor has the right to cut any tree limbs that extend over his property. This will make the tree look lopsided and also put it out of balance possibly causing it to fall in a storm. It is always best to set a tree back some from the property line when possible. Fences on property lines are a better alternative to trees.

Hopefully, you can settle this dispute with your neighbor in a way that will allow you to remain friends.

 

[MossRoad]

...

I talked to him this morning and he apologized by saying the tree guy was a little too aggressive and offered to reimburse me the cost to set a new Oak... Not much consolation when I now live in a fish bowl.

....

Well. You gave him permission to do what he did. And he damaged your Oak while doing it and is offering to replace it. To me, it seems like he is doing the right thing. Accept his offer and be done with it.

 

[Highbeam]

This is not your primary residence, right? Well the neighbor is to some extent looking after your stuff whjile you're away and you want him to be able to see someone starting it on fire and then to like you enough to call the fire dept.

Lesson learned: never give permission for tree/branch removal without being on site.

 

[ultrarunner]

I appreciate the practical replies...

The fence idea won't work because fences are not allowed unless it is 3 rail corral type. The CC&R's regulate just about everything.

True, I did give him permission because it is the neighborly thing to do... I never imagined my permission to trim back a few limbs dripping sap would result in taking everything from the ground up. The trees are set back 8 feet from the line due to a sewer easement running down the line. His driveway is between 18 and 25 feet from the tree trunks.

I'm still having a hard time making the leap from trimming a few branches to "Clear Cutting"

My home is down in a low spot and was built in 1955. His was built 5 years ago and at a much higher elevation and I remember being thankful for the trees as his home was being built.

Thanks again for the opportunity to vent...

Probably best I avoid the situation for now.

 

[ultrarunner]

This is not your primary residence, right? Well the neighbor is to some extent looking after your stuff while you're away and you want him to be able to see someone starting it on fire and then to like you enough to call the fire dept.

Lesson learned: never give permission for tree/branch removal without being on site.

Very True... all I can say is he caught me on the road going to airport when he asked.

I'm at the property everyday, that's where my shop is... the home is rented to my brother's brother-in-law. I live in a tract home about 400 yards away as the crow flies.

 

[Ridgewalker]

I would be very upset with said neighbor and expect him to pay for whatever you put in place to replace the oak. That is total BS and the guy needs to go out of his way to make it right. If he doesn't I would replace the trees with other evergreens that are guaranteed to mess his drive.

I would also go after the tree trimmer. Maybe even bust the neighbor for using unlicensed trimmers. Stuff like this really torq's me. I always have to
get restitution or it just eats at me making it worse. It's why I do my best to avoid issues like this.

 

[LBrown59]

That sucks. If someone cuts a tree on my timber property they are liable for treble damages of what the tree was worth, however, you are dealing with a next door neighbor and in order to keep peace in the neighborhood, you have to be a little more diplomatic in this situation.

You could pick several varieties of trees that you would like to plant to replace what was lost and talk to your neighbor to see which of your choices he likes the most. Then you should take him up on his offer to pay to repair his mistake.

Everyone must realize that trees planted on their property line will encroach on the neighbors property and in most areas the neighbor has the right to cut any tree limbs that extend over his property. This will make the tree look lopsided and also put it out of balance possibly causing it to fall in a storm. It is always best to set a tree back some from the property line when possible. Fences on property lines are a better alternative to trees.

Hopefully, you can settle this dispute with your neighbor in a way that will allow you to remain friends.

I planted 6 Pines along my rear property line about a foot over on my side of the line back in 1974.
There was nothing but an open field behind me back then.
A few years ago they built a subdivision on that land with 5 houses on 5 lots that border the back of my property.
Today the trees are 30 to 40 feet tall.
If I had it to do over i would not have planted them.

 

[PBinWA]

If you need fast privacy screen. Plant a row of Leyland Cypress. They grow 4-6 feet a year if well taken care of. You can trim them like a hedge.

Very fast growing in the NW.

 

[thatguy]

<deleted text> The Pines are mature, about 50 to 60' and Oaks 10 to 15'

<deleted text>
I talked to him this morning and he apologized by saying the tree guy was a little too aggressive and offered to reimburse me the cost to set a new Oak... <deleted text>

I can only imagine what a 10' to 15' oak would cost and what sort of equipment would be needed to replace it with a "like kind". But im sure your neighbor was thinking replacing it with a 3 to 4' tree (or even smaller).

You could pull his chain and get a quote for replacing it with an exact size tree. Would $2,000 to $5,000 even start to get a replacement??

Brian

 

[davitk]

Have the neighbor contact his insurance agent, these things have happened before. Given the proper evidence and "polite persistence" they will pay, and for "like kind". Been there, done that

 

[SPYDERLK]

I can only imagine what a 10' to 15' oak would cost and what sort of equipment would be needed to replace it with a "like kind". But im sure your neighbor was thinking replacing it with a 3 to 4' tree (or even smaller).

You could pull his chain and get a quote for replacing it with an exact size tree. Would $2,000 to $5,000 even start to get a replacement??

Brian

Im assuming thats height - not " diameter. A thousand should do it easy. But that doesnt restore privacy stolen by the perp.
larry

 

[Tororider]

Bummer man, sorry to hear that.

If you are looking for some trees to give you near instant privacy order some Austree's first thing in the spring. If you make sure to get some water on them the first year, by fall you will have a 12-15' privacy fence. I planted mine less than three years ago and they are as tall as my two story house. Only problem is they are not evergreens.

RMA USA - Austree And Other Amazing Hybrids

 

[ultrarunner]

I don't know much about what is available for privacy hedge... Evergreen around 15' high is all that I need.

Went online shopping for Coast Live Oak... found several comparable for $650 to $900 plus freight... nothing local so far. I know a landscape architect that I will call Monday.

Oak would be preferable as it's native... Someone suggested Redwoods, but I really don't need that kind of height. The Oaks were just under my roof line height wise with my 1 1/2 story garage.

My neighbor's home was built on spec and even with 3.5 acres, it was set as close to me as possible... 10' required setback to his blacktop which is where his cars back out of his garage. Just my luck, it's the only home in the area that doesn't have the garage facing the street... it faces me.

 

[riptides]

I'm still having a hard time making the leap from trimming a few branches to "Clear Cutting"

One persons clear cut is another persons trim.

You mention privacy quite a few times, is it time to move?

 

[dmccarty]

This stinketh.

But if you push too much its lawsuit time. And then you both loose.

Seems like the best you can do is get the plants put in for privacy.

I will just eat my other comments.

Good Luck,
Dan

 

[J_J]

Ultrarunner,

In MHO, I think your neighbor took advantage of you and was out there as the tree guy was cutting and directing him to trim to his satisfaction, not yours. Actually, I think the very nature of needles falling are an act of God, and you are not responsible for his troubles, no more so than the possible run off of water from his place. What do you think he would do if your tree grew tall enough to block his Direct TV signal, would you cut down your tree for him? I think that I would get even with whatever means. You don't have to tell anybody when and how, just do it.
Think about it, he broke your trust and friendship, knowing full well that when it is done, it is to late. He maybe satisfied now, but what if one of your trees fell on his cars. His insurance takes care of it. I could tell you about all kinds of dirty tricks, but you will probably think of some. Some people on here are being to nice, because it did not happen to them. We all know what BS is, and that is what your neighbor and the tree guy did to you. Next thing, he will come over to your house and ask you to come over and sweep off his driveway.

Forgive and forget, don't think so.

 

[Tig]

Sorry to hear what was done. I would not be happy either. You should consider taking him up on his offer to reimburse you. That seems to be the best alternative to put this behind you.

 

[ultrarunner]

One persons clear cut is another persons trim.

You mention privacy quite a few times, is it time to move?

It's not that I'm a private person... quite the contrary, but here's what happened to the first owner of my home.

He is a retired WWII fighter Ace and still has the feistyness to prove it at age 89. Anyway, he bought the home in 1955, way in advance of his retirement and didn't retire until 1968.

Upon retirement he began to do ground-up restoration of antique cars and built many show-winners. I used to visit as a kid and he always had something he was working on that I could learn from...

Well anyway, life was great until a builder bought the land next to him to build a spec home. He split the home off and eventually sold it for 1.2m and the remaining land for 600k... but not before almost driving the Navy Commander out... seems having a neighbor that builds show winning antique cars as his hobby didn't sit well with the clientele of the Spec Home builder.... at least that was his claim on why the home wasn't selling

The builder caused no end to the number of code compliance visits to the Commander... in the end, there wasn't anything the builder could do... the shop was built with permits and the Commander ONLY worked on cars he owned... so it wasn't a business. He was so aggravated even though he won that battle that he decided life was too short for all this turmoil. He said that he didn't shoot down 5 Japanese planes in one day and survive WWII to have to put up with this "Crap"

His advice to me was to keep lots of screening in place, out of site, out of mind...

The way my new neighbor, the one that bought the home for 1.2m cut everything back, he now as an unobstructed view of my home and entire acre parcel. I also restore antique cars... which he says isn't a problem because he has projects too... so I will just have to wait and see.

 

[WayneB]

Sounds like a good place to park that wood splitter, old truck, maybe a wheel or two...................I never had a neighbor close enough to be a bother, but I can see their house and that is a bit of a problem from time to time.............even if it is over 1000 feet away.