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

[SPIKER]

Not sure about out there, I'm assuming something similar to most states that says that any tree that is cut intensionally on a neighbors property is subject to a minimum of 3X the value of the tree. He is then subject to OWE you 3times the value of each tree that was cut. permission to trim a tree is not permission to drop it flat to the ground. Also if the branches are overhanging then that can be trimmed but only the overhanging part.

You might want to check into it most consultations are free at lawyers...

You can first go to him ans mention you're dis satisfaction at their removal and try & find out more than likely as the tree guy just took off that they knew something fishy was going on?

I say seek legal advice or forget about it...

Mark

 

[Champy]

My 2 cents - Regardless of how upset, angry, or in-the-right you may be.....the bottom line is your trees are screwed and those lower branches cannot be replaced. I would research the civil penalites; and negotiate a proper monetary settlement for the pine tree damages and lost oak tree.

I would then not replace the single oak, but take whatever you get and have a new set of mature evergreens; cyprus; etc.. transplanted in a complimentary row with the old trees to create a new (future) privacy line. Couple hundred dollars for each 5-8' tall tree (maybe?), and you have effectively replaced your natural barrier at his expense.

 

[kthompson]

My city has strict rules regarding blight in the public view and just about anything stored can be considered blight if visible...

Check with your city, it seems the tree cutter may have a problem with them but the tree person and your neighbor may have exceeded what they allowed since they put your shop in view. Also possible they have a policy regarding the cutting of trees. The city my business and our county sure does. If they do, let them handle it. But a friend does not take advantage of a friend. kt

 

[EddieWalker]

Curt,

Sorry to hear about your trees. Have you looked into going after the tree guy? Seems like he acted pretty guilty when you tried to talk to him.

I'm going to plant some trees to screen off my neighbors barn. I built it, but now that I have sold it, I don't want to look at it, or even know it's there. A screen of evergreen trees is just what I'm going to do!!!

Thuja trees look like the most aggressive, fastest growing screening type of tree for me. Not sure about your area, but they would be faster then oaks. They are a cedar like tree, so something in that family would be a good choice too.

Good luck,
Eddie

 

[N80]

I'm in the 'its time to move' camp. I live in the burbs but not in the city limits. Surrounded by neighbors but most lots are over an acre and wooded. Very private. County has very few regulations. So things are fine. But when I have to worry about where I leave a log splitter or an old truck....or a neighbor thinks he can take advantage me the way yours did. I'd move. I'd get the money he owes you and leave. That way you don't have to worry about the bad blood with that neighbor.

 

[bearhawk]

I think it's time for one of those rental trailers. Parked right along the tree line... Preferably one with lots of writing on it...

He directed the tree cutter.... He should pay dearly.

 

[Ridgewalker]

For what it's worth I had a company install 2, 6' ft white pines a 12' pin oak and a 15' tulip. It cost me 1k, I think I overpaid a bit but I didn't have a lot of choice as I couldn't have dug the holes.

 

[riptides]

... 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"...

Exactly, life is too short for this nonsense. Have him make restitution, and figure out where you need to be. Your trees cannot be replaced today or the next day. What is lost only mother nature and time can bring back.

I'd seriously consider moving. The man is a cad. He handled the service and you....poorly.

 

[tallyho8]

I would not move. It would take a much more serious situation than this to run me out of my neighborhood. Unless you are an apartment dweller, moving is a very serious business, especially if you have a farm or ranch. There is NO assurance that wherever you move, someone much worse than him might be your next next-door neighbor.

If you want to spend the rest of your life moving and running from your problems, this is your right. But me, I'll stick here and tough it out.

 

[ultrarunner]

It's been 72 hours and I've calmed down some with the help of TBN.

I called several nurseries and looks like 10' + trees have to be ordered... and all recommended waiting for November or later for transplanting.

Have not heard back from the tree guy and for the sake of peace I've decided to focus my energy on him since he's the one that was cutting when the limb got away and wiped out my Oak... His insurance can deal with the neighbor and they can work it out.

As far as the limbs go... there isn't much I can do... can't put them back and I was asked if it was OK to trim... never did I imagine the end result. Lesson learned never give permission unless I'm there to supervise.

Neighbor is President of the HOA and the one that all building and remodeling request go through... so I can clearly win the battle only to loose the war possibly.

My home is definitely one of the oldest (1955), smallest (1712 sq ft) and dated in the association... clean and simple with curb appeal, but nothing fancy... I'm surrounded by very expensive newer homes and older ones that have doubled or even tripled in size during the building boom since 2000.

This morning another neighbor saw me and came over and said that I sure have been busy cutting... this neighbor was away for 2 weeks... Of course the other neighbor was in his upstairs office watching us the whole time...



T

 

[Ridgewalker]

If you knew the neighbor was watching you should have put a foaming at the mouth act on with lots of pointing and fist shaking in his direction.

Then drag your deer rifle out and clean it while looking at the neighbor's place with anger in your eye.

 

[thatguy]

I am betting the tree guy does not have insurance....

Brian

 

[N80]

If you want to spend the rest of your life moving and running from your problems, this is your right. But me, I'll stick here and tough it out.

Nah. Moving where you don't have crappy neighbors and crappy laws isn't running from your problems, its solving them. And sure, as this country grows smaller and smaller even a place out in the sticks can have bad neighbors....but that might mean they are a mile down the road, not 50 feet.

Certainly depends on how important a place is to you and what your finances will allow. But so far I've never lived anywhere in the burbs that I couldn't live without.

 

[tallyho8]

George
I've always considered good neighbors very important and being a good neighbor just as important. But don't ever fool yourself into believing that you can move to a new place and be guaranteed all perfect neighbors. And having no neighbors can be just as bad. I own 160 beautiful acres in the Ozark National Forest that I inherited from my father. There are and never will be any close neighbors as the Forest Service owns the adjoining land and is not selling it. He lived there in 1936 when he got married and went on his honeymoon just to come home and find that thieves had robbed the home and then burned it down and there were no neighbors within a mile to watch over things for him.

Many times I have thought how great it would be to live in a remote area such as this and many times I have decided not to move there because of what happened to my father.

Other than land like this in the national forest there are not many places you can move that a creepy neighbor can not move in next to you just as you get settled.

Having a millionaire neighbor who "trims your trees for you" is probably better than having a welfare neighbor with 10 kids who are constantly getting arrested for various deeds.

My neighbors don't have a perfect neighbor either but I keep trying.

 

[RobertN]

They key is to research how large the tree will become when it matures. Many garden books, like Sunset Western Garden Book, have that info. Or, the local Master Gardeners or Ag extension office can help.

One consideration is how far to set back from the lot line, so branches etc don't go into the neighboring property, or at least minimize it. The other consideration is how close the trees are planted to each other along the planting line. A nice distance apart for privacy now may make for over crowding and unhealthy trees only a few years down the road.

You really want to plant for the mature size of the tree, even though it may take longer in regards to privacy.

I'm going to plant some trees to screen off my neighbors barn. I built it, but now that I have sold it, I don't want to look at it, or even know it's there. A screen of evergreen trees is just what I'm going to do!!!

Thuja trees look like the most aggressive, fastest growing screening type of tree for me. Not sure about your area, but they would be faster then oaks. They are a cedar like tree, so something in that family would be a good choice too.

 

[ultrarunner]

The other consideration is how close the trees are planted to each other along the planting line. A nice distance apart for privacy now may make for over crowding and unhealthy trees only a few years down the road.

You really want to plant for the mature size of the tree, even though it may take longer in regards to privacy.

I'm going to see a Landscape Contractor in San Jose that raises Live Oak and has a variety of them available and his prices seem right.

 

[Taylortractornut]

I have a new neighbor like yours. Hes owned a good bit of land behind us for a wcouple years and wants to run the whole area. He seemed likeable but is a hunter and complained even ilied a few times about my german sheperds ruining his hunting. Even accused me of stealin a boat Ive owned for 15 years that he hadnt seen. The last few times hes come by he told me I was to clean up my shop ground. I have several years worth of iro and tractors and trucks Ive drug home since I was 14. I like them for parts and building things. No codes out here. I do alot of demolition work and have several piles of scrap from these jobs dumped for winter sorting in front of my shop. He whined and told me his wife demanded that it be cleaned up as their hunting guests didnt like it. He got red when I told him he had me mistaken for someone that gave a D989mn. I bought the lot next door to bring my acreage up to 9 or 10 acres. Plus its got a very level lot. The kicker for my neighbor now Is I got my state permit for a 1500 cubice yard compost site and my scrap dealer permits.

 

[WBWI]

I know exactly how you were feeling when you came home to find the destruction. Several years ago I lived in a house in the city. The streets were are all lined with maples that were between the sidewalk and the road (city right of way). I came home from work one afternoon and the beautiful maple that was in front of my house was now logs lying on the ground. The tree roots had caused the sidewalk to buckle about 1" so the city considerd it a safety hazard and removed the tree. To add insult to injury the city billed me for the sidewalk replacement AND planted a new tree in the SAME spot.

Hope you get your situation resolved!

 

[LetsRoll]

I'm going to see a Landscape Contractor in San Jose that raises Live Oak and has a variety of them available and his prices seem right.

ultrarunner....Any updates?

 

[khamill2000]

I know exactly how you were feeling when you came home to find the destruction. Several years ago I lived in a house in the city. The streets were are all lined with maples that were between the sidewalk and the road (city right of way). I came home from work one afternoon and the beautiful maple that was in front of my house was now logs lying on the ground. The tree roots had caused the sidewalk to buckle about 1" so the city considerd it a safety hazard and removed the tree. To add insult to injury the city billed me for the sidewalk replacement AND planted a new tree in the SAME spot.

Hope you get your situation resolved!

Same thing happened to me about 10 years ago. That new tree got a steady diet of salt water. There was no third tree planted.