Neighbors tree and new construction.

[HookTheBrotherUp]

Originally Posted by huma281

Looks like you're setting up an agenda by telling us how he's a poor character. Ironically enough you bully him for an answer when he told you multiple times he wanted a week to consider it.

Unfortunately we're only hearing one side of the story and it's usually the narrative of how you're the victim and the other party is the aggressor. In this situation, it seems like it's the other way around.

I don't have an agenda here, I'm building a garage, and putting in a driveway, as simple as that. I offered to pay for the removal his tree, one which he agrees is in bad shape and will eventually fall. His wanting to wait are only stall tactics, he does not want any construction.

I live next to the guy, I know things you simply don't. For starters, he's had fights with everyone now, I was the last one. One time he fought with the people across the street from him, the police had to come out. He fought with the people who put up a fence in the backyard, he has a chain link fence, and did not like the wood fence because it blocked his view of the neighbors back yard.

Then the house on the other side of him had a fight with him earlier this year because of some things he was doing. He throws buckets of bird seed out for the birds, in the evenings. Nice. But this also attracts rats, possums and raccoons. When I first moved in, I used to set traps, I was new to Montrose, and thought it came with the territory, until I learned what was going on. I caught a rat every day for 10 days, until I gave up, there is/was an infestation in his yard.

I've sat on my porch countless times with my wife enjoying the weather, having wine, etc. It became a sick joke, but we'd wait and look at the power lines because we'd always see a rat go to his house, and into his attic which was wide open.

He has a sewer leak on his lines in the back, and now and again, we have to get the foul sewer smells in our yard. He releases his gray water from his tub/shower, sinks and washing machine to the lawn. I am certain that is not allowed without being treated. I went out one night with a flashlight to find out what was going on, and I looked under his house and saw all the hoses leading to the side of the house, and the back.

I should not have even mentioned those things, but I have to so you and others will not make your comments out of ignorance. Other than that, he's a great person.

And if asking someone to be responsible, and offering to pay almost 5K to help them be responsible is aggressive, then I guess I am aggressive. I really don't understand that, how can asking someone to mitigate a clear and present danger be considered aggressive? I call it responsibility, someone has to do it. It turns out he's also supposed to maintain his trees so they don't become a danger, something he's clearly not done. I bet most people reading this have never bothered to read up on the city codes, they are there.

[HookTheBrotherUp]

This evening the neighbor came by. He apologized for yesterday, then said I cold take down the tree. He said he was sorry for being hesitant, and I told him I understood, it is a large canopy, and I would not like to remove it it if it was my yard/tree.

So, that pretty much ends this case. I'll post photos after the tree is removed! I'm going with the lower bid, without the crane. I am paying for it, 100%.

[Lbjen]

I don't really understand why you don't call the city on him if he's breaking so many laws. Or move.

[HookTheBrotherUp]

Originally Posted by Lbjen

I don't really understand why you don't call the city on him if he's breaking so many laws. Or move.

I know what you mean, I am a live and let live kind of guy, despite a previous poster as making me out to be an aggressor. It is his house, he can do what he wants with it. Everything I noted is true, but I can put up with as long as I don't have rats in my yard, house, or I am in danger. He has a problem with mosquitoes, but I've purchased a mosquito misting system to deal with that, so we never have problems. I am no bully.

My wife, on the other hand, does not want to put up with it, but I've kept her from calling the city. No need to get involved, he will be gone eventually, so no need to cause problems. When it came to the construction of my garage, it clearly was going to cause his tree to fall, so I had to take action.

As far as moving, the house we purchased in late 2012 has appreciated to almost double of what we paid; the dirt alone is valued at 500K, and the work we are doing is going to increase the value significantly. It is a good thing which we have here, so no plans to relocate. Things have been 99.9% good until this tree incident. It will soon be behind us, we are looking forward to that.

[Sollaces]

You ought to find a tree removal company that does it with a guy and cleats that walks up the tree and starts cutting. We had a chinaberry too close to a pool and it impacted the gas meter - I smelled gas - So the removal was tricky. I mean the trunk of the tree was growing into the gas meter. . .


We also actively removed a tree from an empty lot behind up when it was leaning into our fence. We removed it ourselves because we didn't want to replace the fence.


Stuff like this happens. I hope things work out for you.

[HookTheBrotherUp]

Originally Posted by Sollaces

You ought to find a tree removal company that does it with a guy and cleats that walks up the tree and starts cutting. We had a chinaberry too close to a pool and it impacted the gas meter - I smelled gas - So the removal was tricky. I mean the trunk of the tree was growing into the gas meter. . .


We also actively removed a tree from an empty lot behind up when it was leaning into our fence. We removed it ourselves because we didn't want to replace the fence.


Stuff like this happens. I hope things work out for you.

@Sollaces, yes, we have a good company coming out. We've had conversations about the work, the company has a clear understanding on what to expect. They know to be very careful, as they should, and will try as best they can, to limit any footprint on his property. I am taking the day off to "supervise", and I will make sure the workers do not drop anything on my neighbors lawn that would cause any damage to the existing foliage under the tree.

The tree really is like a huge umbrella, enabling his backyard to look like a tropical paradise as it blocks all direct light. But he also has smaller underlings that would benefit from more sun, and his smaller plants will still be protected. I wish no harm to his yard, and I cam empathize with him wanting to keep the tree. However, if you stood under the tree, you would know it is dangerous, and know it will eventually come down, maybe this year as we are expected to return to a "normal" hurricane season.

I will update this thread, maybe with photos, the tree is coming down this week.

[NeighborinPasadenaCA]

I live in California, with mean neighbors. Mean because the son guts limbs and throws them in my yard. I have told he and his parents that is their tree but they deny it. I had everything chopped back and yes indeed, these trees are on their property! The son and his daddy put up a wooden fence maybe ten years ago and of course they neglected to remove the roots. So, $1,000 later, the proof is showing. How do I get these people to trim down their tree to the roots, if possible, since they are in between my fence and theirs? The son always cuts things and throws in my yard claiming it's my tree. It's been less than a month since I had all branches cut down to fence level, and they are growing up all over again. HELP!!!

[HookTheBrotherUp]

Originally Posted by NeighborinPasadenaCA

I live in California, with mean neighbors. Mean because the son guts limbs and throws them in my yard. I have told he and his parents that is their tree but they deny it. I had everything chopped back and yes indeed, these trees are on their property! The son and his daddy put up a wooden fence maybe ten years ago and of course they neglected to remove the roots. So, $1,000 later, the proof is showing. How do I get these people to trim down their tree to the roots, if possible, since they are in between my fence and theirs? The son always cuts things and throws in my yard claiming it's my tree. It's been less than a month since I had all branches cut down to fence level, and they are growing up all over again. HELP!!!

Just an update, the tree came down, no problems.

I was informed when I spoke to my attorney neighbor that if it did turn nasty, I had every right to declare my neighbors tree a 'nuisance tree'. That is the legal term when any part of the tree, branches, trunk, or roots, 'deny the enjoyment of one's property'. I could have argued that his roots would be in the way of my foundation, therefore, preventing me from building and 'enjoying' my property as I see fit.

Hopefully you have documented the activity, taken photos above the fence line to show the tree on his side, and the debris that is deposited on your side of the fence that is a result of your neighbor altering the tree... in other words, it did not fall off on it's own. If you have not then you should start. 'Nothing worse than having a beef with a next door neighbor for petty things which lead to too much pride.