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Old 07-14-2011, 06:55 AM
 
Location: On the banks of the St Johns River
3,863 posts, read 9,461,932 times
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Quote:
Originally Posted by kcj View Post
I don't have a lot of pictures on this pc, but here is one view
kjc if that's an after the neighbor screwed with the tree picture, you need to engage a lawyer or file charges and sue. ASAP and take more pictures for evidence
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Old 07-14-2011, 07:17 AM
kcj kcj started this thread
 
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That picture was taken the next day. I do have other pictures on a different pc, including pictures taken by another neighbor as it was happening. (Neighbor was afraid to confront them, so did what they felt safe doing. I am grateful.)
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Old 07-14-2011, 05:29 PM
 
Location: Ponte Vedra Beach FL
14,617 posts, read 21,379,006 times
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Quote:
Originally Posted by kcj View Post
I don't have a lot of pictures on this pc, but here is one view
Is that what he did to the tree on your side of the house - the part that went over your property line? What did he do on his side?

It's a horrible tree job to be sure. But - just looking at the pictures - if the tree is on his property - and overgrown - why would he spend money to prune on your side?

I actually have the opposite problem - a big oak like that on my neighbor's property that grows over my house. It is the wrong tree in the wrong place (although the tree was here before the houses). Too big and too close to both houses. It's a storm hazard (can fall over) - a lightning hazard - a way for vermin to enter my attic - etc. - etc. Our neighbor won't spend a penny on tree work - so my tree guys have to prune the part of the tree that's on my side of the property. To make it less of a hazard. The tree guys I use don't butcher the tree like yours was butchered - but it is not exactly the best looking tree job in the whole world since they can only work on my side of the property.

Do you have relations at all with your neighbor? If so - I would suggest discussing with him the best way to deal with the tree - in terms of making it look nice - and to reduce the hazards it presents to both of your houses. Thinning out and raising the canopy - etc. FWIW - I would love to be able to cut down our tree - to the ground - but SJC wouldn't let us do that. We have dozens of others on our property that are quite pretty - and aren't a problem in terms of our house (because they aren't close to the house). Robyn
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Old 07-15-2011, 06:49 AM
kcj kcj started this thread
 
60 posts, read 142,984 times
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That picture was taken from the house on the other side of the bad neighbor, so my house is on the right as you are looking at it and the tree is on my property. What you are looking at is what he did on the side that faces his house.

We've actually gotten several estimates and only one company recommended taking the tree down entirely. The one we are going to go with is recommending what you are saying.. thin it out, trim it to encourage regrowth, but raise the canopy a foot or two. He said if anything, we should all be worried about the lone very very tall queen palm the neighbor has in his yard.
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Old 07-15-2011, 03:01 PM
 
Location: Ponte Vedra Beach FL
14,617 posts, read 21,379,006 times
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What's wrong with the queen palm?

If all he pruned was stuff on his side of the property line - he was within his legal rights (although it obviously would have been better to come up with a joint "game plan").

Have a question. The lamp post in the picture looks nice. Do you live in a community with a HOA? If so - you probably have rules and regulations relating to tree work (I know we do) that might have been violated. Robyn
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Old 07-15-2011, 03:26 PM
 
Location: Atlantic Beach, Fl.
147 posts, read 285,128 times
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Quote:
Originally Posted by Robyn55 View Post
What's wrong with the queen palm?

If all he pruned was stuff on his side of the property line - he was within his legal rights (although it obviously would have been better to come up with a joint "game plan").
Robyn
I have a question then, is the neighbor or whoever he hired, allowed to come physically on his (the OP's) property and (which would have to be the case if the entire tree trunk is on his property) cut off the branches next to the trunk or is the neighbor only allowed to saw off the limbs that cross over his property line? From the property line on the ground up I mean to the offending limb? Or is the neighbor allowed to trim any limb that protudes onto his property at the source/trunk?
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Old 07-15-2011, 04:55 PM
 
Location: Ponte Vedra Beach FL
14,617 posts, read 21,379,006 times
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Quote:
Originally Posted by notSilverman View Post
I have a question then, is the neighbor or whoever he hired, allowed to come physically on his (the OP's) property and (which would have to be the case if the entire tree trunk is on his property) cut off the branches next to the trunk or is the neighbor only allowed to saw off the limbs that cross over his property line? From the property line on the ground up I mean to the offending limb? Or is the neighbor allowed to trim any limb that protudes onto his property at the source/trunk?
I don't know the exact legal answer to that (even though I'm a lawyer - don't have time to do legal research now). But I have my tree guys work only on my property - and cut the oak tree back at most to the property line. That's the safest way to do things IMO.

OTOH - we have a cordial although very distant relationship with our neighbors on the other side of our property. They'll let us do anything with the vegetation on that side of the property - and have chipped in to take down trees on their property that threaten both of our houses. Although we always ask in advance before we're going to do something. Robyn
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Old 07-15-2011, 05:12 PM
 
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OK who F'd up the tree I'll murder the bum, I live in trees. Without trees where do I make my cookies?
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Old 07-15-2011, 06:21 PM
kcj kcj started this thread
 
60 posts, read 142,984 times
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Quote:
Originally Posted by Robyn55 View Post
What's wrong with the queen palm?

If all he pruned was stuff on his side of the property line - he was within his legal rights (although it obviously would have been better to come up with a joint "game plan").

Have a question. The lamp post in the picture looks nice. Do you live in a community with a HOA? If so - you probably have rules and regulations relating to tree work (I know we do) that might have been violated. Robyn
I don't know what is wrong with the queen palm other than I guess they sway more in a storm?

He pruned right up to the tree trunk, which is several feet over the property line. The people he hired came into my yard, put their ladder in the tree, and cut what they wanted to cut. Believe me, I tried explaining to him/the guys he hired (they were kind enough to leave a flyer, so we called them) that he was within his rights to cut up to the property line, and he could do that from *his* property but in no way did they have permission from us or the law to trespass on our property to do the trimming. Chain saw guy said he had to because he couldn't reach otherwise. It was an exercise in frustration for me.

Yes, we have a HOA. The president was by the very next day to look at the tree but I haven't heard anything else.
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Old 07-15-2011, 06:33 PM
kcj kcj started this thread
 
60 posts, read 142,984 times
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Quote:
Originally Posted by notSilverman View Post
I have a question then, is the neighbor or whoever he hired, allowed to come physically on his (the OP's) property and (which would have to be the case if the entire tree trunk is on his property) cut off the branches next to the trunk or is the neighbor only allowed to saw off the limbs that cross over his property line? From the property line on the ground up I mean to the offending limb? Or is the neighbor allowed to trim any limb that protudes onto his property at the source/trunk?
According to the nice police officer (that the neighbor called for whatever reason) no, they are not allowed to come onto our property to do the trimming, but that it would be a civil issue.

The way I understand it, he can trim up to the property line. He can trim to the heavens vertically, but still only as far as the property line and only what he can reach from his side of it. And while he is doing that, he can cause damage such that the tree will die. When he is done, he can pile the branches on the street in front of my house for disposal, since technically they are mine.

One of the things that is really pissing me off is that if he or his chain-saw bearing goons were to get hurt while on my property, I believe that I could be held liable.
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