Neighbor Tree Law (lawyer, houses, disposal)

[Robyn55]

You still didn't answer the question. Was the part of the tree that was cut on their side of the property line - or yours? The trespassing thing is a separate issue. Robyn

[kcj]

Sorry, I thought I answered that. The tree was cut on our side of the property line. There are a few branches cut off right at the trunk of the tree.

[Robyn55]

They have the right to cut on their side of the property - not yours.

BTW - what kind of tree are you talking about? In most cases - it's preferable to thin out a tree canopy by cutting branches at the trunk (although there's a right way and many wrong ways to do that). Lollipopping a tree is definitely a wrong way to prune most trees:

Two Pruning Mistakes Commonly Practiced with Ornamental Trees | Suite101.com

Robyn

[madcapmagishion]

Originally Posted by Robyn55

They have the right to cut on their side of the property - not yours.

BTW - what kind of tree are you talking about? In most cases - it's preferable to thin out a tree canopy by cutting branches at the trunk (although there's a right way and many wrong ways to do that). Lollipopping a tree is definitely a wrong way to prune most trees:

Two Pruning Mistakes Commonly Practiced with Ornamental Trees | Suite101.com

Robyn

And in going on someone else's property and just doing it without permission is the wrong way also. Plus its not a good way to win friends and influence people either.

[kcj]

It's a Shumard(?) oak. We've had a few arborists come out and look at it to see what the damages are (in terms of the tree, and the cost )

The recommendation we are leaning towards is to thin out the other side of the tree and ultimately raise the canopy a foot or so. Then we wait a couple years for it to fill in. The trimming will be done by the professionals so they can compensate for the damage done and cut in a way to encourage the growth and health of the tree.

Robyn, I'm not disputing their right to trim the parts of tree that hangs over their property. I'm having an issue with them hiring a drive-by guy with a chain saw who has no respect for the tree or the fact that he decided he was within his rights to come onto my property, put his ladder in my tree, and hack off branches. My neighbor hired someone, gave them permission to go on my property, watched them hack up my tree, and created a liability for me in the process.

[madcapmagishion]

Originally Posted by kcj

It's a Shumard(?) oak. We've had a few arborists come out and look at it to see what the damages are (in terms of the tree, and the cost )

The recommendation we are leaning towards is to thin out the other side of the tree and ultimately raise the canopy a foot or so. Then we wait a couple years for it to fill in. The trimming will be done by the professionals so they can compensate for the damage done and cut in a way to encourage the growth and health of the tree.

Robyn, I'm not disputing their right to trim the parts of tree that hangs over their property. I'm having an issue with them hiring a drive-by guy with a chain saw who has no respect for the tree or the fact that he decided he was within his rights to come onto my property, put his ladder in my tree, and hack off branches. My neighbor hired someone, gave them permission to go on my property, watched them hack up my tree, and created a liability for me in the process.

Shumard Oak (Querus Shimardii) A beautiful tree that grows up to about 75' tall with a width of up to 50'. They prefer the alkaline soul found usually in the south. They grow at a medium-fast rate, and are excellent for commercial developments, because they have an extremely deep root system. A semi-mature 20 footer can cost about $500, I know because I bought 4 of then about 4 years ago to block the view of an outbuilding from the main house. Their most prevalent problems being (dummies who trim them without permission or adequate knowledge) , powdery mildew, leaf spot fungus and leaf rust usually brought on by warm, moist, cloudy, summer days and not enough direct sunshine. I do hope you receive satisfaction from the miscreant who abused your tree.

[Robyn55]

Originally Posted by kcj

It's a Shumard(?) oak. We've had a few arborists come out and look at it to see what the damages are (in terms of the tree, and the cost )

The recommendation we are leaning towards is to thin out the other side of the tree and ultimately raise the canopy a foot or so. Then we wait a couple years for it to fill in. The trimming will be done by the professionals so they can compensate for the damage done and cut in a way to encourage the growth and health of the tree.

Robyn, I'm not disputing their right to trim the parts of tree that hangs over their property. I'm having an issue with them hiring a drive-by guy with a chain saw who has no respect for the tree or the fact that he decided he was within his rights to come onto my property, put his ladder in my tree, and hack off branches. My neighbor hired someone, gave them permission to go on my property, watched them hack up my tree, and created a liability for me in the process.

OK - I know that tree (although the oaks on our property are different species).

We have a lot of trees. And our tree guy believes in thinning out and raising canopies to avoid damage during wind storms or times of excessive rains. A tree with a dense canopy is prone to falling over if either or both of the above take place (we live on the beaches - and our water table can get pretty high here).

Can you post a picture of your tree?

I think your neighbor violated the law - but - without knowing more - I don't know if he wrecked your tree.

I think it's usually a good idea for next door neighbors to coordinate efforts regarding trees that straddle properties. Your neighbor was obviously an idiot in terms of not consulting you first. Robyn

[crazynip]

You **** off this tree cutting company, they are likely to come to your house and rob you. Remember, these are most likely out of work FELONS posing as tree trimmers.

[notSilverman]

Originally Posted by crazynip

You **** off this tree cutting company, they are likely to come to your house and rob you. Remember, these are most likely out of work FELONS posing as tree trimmers.

Relatives of yours crazynip? Robbery would be the least of the OP's concerns as those presumed ex out of work felons now have chainsaws!

[kcj]

I don't have a lot of pictures on this pc, but here is one view