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Old 10-09-2016, 10:22 AM
 
1 posts, read 1,416 times
Reputation: 12

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We planted 15 arborvitae's several years ago to give us privacy because it felt like we were sitting in our back neighbor's front yard. They have over the years grown to 30 feet high.We had drainage from this neighbor's front downspout that felled one of these trees. I called our neighbor to let them be aware that we had someone coming to try to save the tree. The husband said to do whatever needed to be done. We called in a professional arborist who came out to stake the tree and recover the roots. Upon the arrival of the arborist, the wife came out and threw a fit because she didn't want the stake in her yard. Our arborist explained to her that was the only way to save the tree. She said she didn't care about our tree or being a good neighbor and fled back into her home. The arborist wound up putting the stake at the bottom of the tree(on our property), but said that it would not fix the problem. Right away the tree started leaning to one side and we thought, well we will just have to live with it. Fast forward to Hurricane Matthew. After 2 days of rain, the tree came down. Not only did that tree come down but 6 others as well. Our arborist said that either it was a result of the run off from her roof or the spike holding the tree had pulled out. He then stated that in 20 years as an arborist, he had NEVER had a spike come out of the ground. I called our neighbors on the phone and pleaded with them to allow our arborist to come out and try to save the tree. Her husband answered the phone and said to do whatever needed to be done. She then got on the phone and said NO! I tried to reason with her but to no avail. I told her at the end of our conversation that my heart was broken and that I was sorry to bother her. I went out in the middle of the storm and videoed her downspout gushing rainwater from her roof into our backyard! She even has the concrete diverter aimed at our house! Do we have any recourse to resolve this problem? She is impossible to deal with or be reasonable. The back porch used to be one of privacy that we enjoyed immensely. Now the back yard looks like H---. Image a line of 30 ft trees (16 as a matter of fact), with the most prominent ones missing. Looking like 00000 000 0000! Now I have to look into the front yard of this Person!
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Old 10-09-2016, 10:31 AM
 
Location: Knoxville
4,705 posts, read 25,296,788 times
Reputation: 6131
You might start with the local building dept.
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Old 10-09-2016, 10:37 AM
 
Location: Stuck on the East Coast, hoping to head West
4,640 posts, read 11,934,552 times
Reputation: 9885
Might want to check out this link as it has some helpful information Neighbor Disputes Over Water Damage | Nolo.com
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Old 10-09-2016, 10:51 AM
 
Location: Johns Creek, GA
17,474 posts, read 66,035,782 times
Reputation: 23621
Just plant new ones.
No need to deal with an unruly asinine neighbor.
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Old 10-09-2016, 11:06 AM
 
12,016 posts, read 12,754,485 times
Reputation: 13420
Put a fence up in the area that you want privacy. You can't change your neighbor unless you move.
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Old 10-09-2016, 11:22 AM
 
4,690 posts, read 10,417,068 times
Reputation: 14887
Check local ordinances too, in Georgia it is ILLEGAL to divert water towards someone elses property (it has to remain on yours until it gets to a storm drain).

Similarly, if the neighbors wife wants to be a PITA, take them to small claims court for emotional damages over the loss of a tree. I did that this summer when a neighbor cut down about 70' long worth of 20~30' high and 6~8' deep shrub screen (that blocked my bedroom from the highway and their crappy rental house) when the property owner wouldn't step up and buy me 6 replacement trees. $300 for trees or $3000 for court... he chose court (we've gotten about $800 and get a little each month, also cost him a job). Hardly a replacement for what was there, but covers what we spent to put a fence on the property line and plant trees.

Neighbors are the reason I want to move somewhere I have several acres buffer. I know I'll still have people around me but their "Stupid human tricks" should have less Direct impact.
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Old 10-09-2016, 12:47 PM
 
3,158 posts, read 4,590,136 times
Reputation: 4883
Quote:
Originally Posted by K'ledgeBldr View Post
Just plant new ones.
No need to deal with an unruly asinine neighbor.

Agree!
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Old 10-09-2016, 12:51 PM
 
Location: southwestern PA
22,587 posts, read 47,649,975 times
Reputation: 48236
Quote:
Originally Posted by gigi17 View Post
Fast forward to Hurricane Matthew. After 2 days of rain, the tree came down. Not only did that tree come down but 6 others as well. Our arborist said that either it was a result of the run off from her roof or the spike holding the tree had pulled out. He then stated that in 20 years as an arborist, he had NEVER had a spike come out of the ground.
A few things came to mind...

Maybe the arborist never had a spike come out in the past, but this WAS a severe hurricane situation this time. Five other trees came down also.

Perhaps consider planting something with a greater root depth, and planting them so that if they DO need staked, everything is on YOUR property.
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Old 10-09-2016, 01:14 PM
 
Location: Looking over your shoulder
31,304 posts, read 32,878,282 times
Reputation: 84477
Quote:
Originally Posted by Brian_M View Post
Check local ordinances too, in Georgia it is ILLEGAL to divert water towards someone elses property (it has to remain on yours until it gets to a storm drain).

Similarly, if the neighbors wife wants to be a PITA, take them to small claims court for emotional damages over the loss of a tree. I did that this summer when a neighbor cut down about 70' long worth of 20~30' high and 6~8' deep shrub screen (that blocked my bedroom from the highway and their crappy rental house) when the property owner wouldn't step up and buy me 6 replacement trees. $300 for trees or $3000 for court... he chose court (we've gotten about $800 and get a little each month, also cost him a job). Hardly a replacement for what was there, but covers what we spent to put a fence on the property line and plant trees.

Neighbors are the reason I want to move somewhere I have several acres buffer. I know I'll still have people around me but their "Stupid human tricks" should have less Direct impact.
I agree, you can't redirect your water onto somebody else's property in most areas.
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Old 10-09-2016, 01:23 PM
 
Location: Sugarmill Woods , FL
6,234 posts, read 8,441,091 times
Reputation: 13809
If the professional arborist could pull the tree by staking it, he could just as well push it from your property with no need to stake it in the neighbors yard!
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