Questions about neighbor cutting down my tree branches (lease, lawyer)

[lorac07]

Hi all. It's not the first time I've posted about neighbor problems, but this is getting ridiculous. So here goes: I'm on vacation. I get back. It appeared that my neighbor, during my absence, had cut down my tree branches (that were overhanging a little bit of her yard)--which I have NO problem with--but then she tossed all of the branches into my yard, littering my path. I DO have a problem with that. Last yr, I cut down some of HER branches that were overshadowing half of my yard--and I had the tree guy remove her branches. $200 plus bucks. She had her son cut down the branches--and toss 'em in my path. We approached her. Her son came out, and did admit to cutting down the branches, and to throwing them in our yard. We reiterated: we don't mind them cutting down what's bothering them/hanging in their yard; but then, it's their trash, and up to them to remove those branches--not toss 'em in our yard. His statement (to my SO): "You're a F#$#$$%%^%^ piece of S#$%$%%$$%. C'mon: I"ll knock you on your A#$@#$$$. Next time, I'll throw them into your house." All this, (believe it or not)...unprovoked. All we wanted to (and did) say was: "Please remove the trash you've created." We made a police report (well, we called the police; they did not make a report, but said it was "documented" and we should go to the magistrate if it further escalates." We will go to the magistrate on harassment charges and on littering charges. So this is a vent, but it is also a question: are we in the right? (btw, the branches were BARELY hanging over her yard--last yr her branches shaded half of my city-size backyard). Should they remove the branches and take care of trashing them (ironically, or not, the son is in the "landscaping" business and surely could get rid of them the way he does when he's working....obviously this is some sort of a statement). Is the son harassing my SO? Should we press charges (magistrate, etc)? What would you do?

[PITTSTON2SARASOTA]

Originally Posted by lorac07

Hi all. It's not the first time I've posted about neighbor problems, but this is getting ridiculous. So here goes: I'm on vacation. I get back. It appeared that my neighbor, during my absence, had cut down my tree branches (that were overhanging a little bit of her yard)--which I have NO problem with--but then she tossed all of the branches into my yard, littering my path. I DO have a problem with that. Last yr, I cut down some of HER branches that were overshadowing half of my yard--and I had the tree guy remove her branches. $200 plus bucks. She had her son cut down the branches--and toss 'em in my path. We approached her. Her son came out, and did admit to cutting down the branches, and to throwing them in our yard. We reiterated: we don't mind them cutting down what's bothering them/hanging in their yard; but then, it's their trash, and up to them to remove those branches--not toss 'em in our yard. His statement (to my SO): "You're a F#$#$$%%^%^ piece of S#$%$%%$$%. C'mon: I"ll knock you on your A#$@#$$$. Next time, I'll throw them into your house." All this, (believe it or not)...unprovoked. All we wanted to (and did) say was: "Please remove the trash you've created." We made a police report (well, we called the police; they did not make a report, but said it was "documented" and we should go to the magistrate if it further escalates." We will go to the magistrate on harassment charges and on littering charges. So this is a vent, but it is also a question: are we in the right? (btw, the branches were BARELY hanging over her yard--last yr her branches shaded half of my city-size backyard). Should they remove the branches and take care of trashing them (ironically, or not, the son is in the "landscaping" business and surely could get rid of them the way he does when he's working....obviously this is some sort of a statement). Is the son harassing my SO? Should we press charges (magistrate, etc)? What would you do?

I'm no lawyer but you are correct, as long as you do not kill/injure the tree, you can cut overhanging branches; however they are your neighbor's responsibility to clean up. I would take pictures and document the "trash".....these people are unreasonable and may actually escalate the situation if you confront him again. I would continue to call the cops for further documentation and if he/they persist I would reluctantly go to the magistrate. Good luck!

[Jungle George]

Originally Posted by lorac07

Hi all. It's not the first time I've posted about neighbor problems, but this is getting ridiculous. So here goes: I'm on vacation. I get back. It appeared that my neighbor, during my absence, had cut down my tree branches (that were overhanging a little bit of her yard)--which I have NO problem with--but then she tossed all of the branches into my yard, littering my path. I DO have a problem with that. Last yr, I cut down some of HER branches that were overshadowing half of my yard--and I had the tree guy remove her branches. $200 plus bucks. She had her son cut down the branches--and toss 'em in my path. We approached her. Her son came out, and did admit to cutting down the branches, and to throwing them in our yard. We reiterated: we don't mind them cutting down what's bothering them/hanging in their yard; but then, it's their trash, and up to them to remove those branches--not toss 'em in our yard. His statement (to my SO): "You're a F#$#$$%%^%^ piece of S#$%$%%$$%. C'mon: I"ll knock you on your A#$@#$$$. Next time, I'll throw them into your house." All this, (believe it or not)...unprovoked. All we wanted to (and did) say was: "Please remove the trash you've created." We made a police report (well, we called the police; they did not make a report, but said it was "documented" and we should go to the magistrate if it further escalates." We will go to the magistrate on harassment charges and on littering charges. So this is a vent, but it is also a question: are we in the right? (btw, the branches were BARELY hanging over her yard--last yr her branches shaded half of my city-size backyard). Should they remove the branches and take care of trashing them (ironically, or not, the son is in the "landscaping" business and surely could get rid of them the way he does when he's working....obviously this is some sort of a statement). Is the son harassing my SO? Should we press charges (magistrate, etc)? What would you do?

OMG!! We had almost the EXACT almost word-for-word thing happen with our neighbor a few months back!!!

Right down to us getting the police for "documentation" & everything!! (the neighbor said he was gonna "get" us....turns out, his "getting us" was calling us in to the county & wasting the inspector's time...)

You only have 2 choices according to our area. (we're in South Florida)
1) retaliate & face harassment charges or worse. As well as more retaliation from the neighbor 'til one or the other of you ends up arrested.
2) ignore the jerk.
That's it!! Can't get a restraining order. Can't file any formal thing ('cause it was OUR plant debris he was chucking on our side).

Pa. laws may be different than Fla. laws, but your answer sounds too similar to ours to get me to believe that...

If the laws are the same, you're SOL & have to put up with living next to a jerk.

Join the club!! We give door prizes at our monthly meetings!!!

Good luck!!!

[Chefkey]

I have had a similar problem. Two trees in my yard grow well over into the neighbors and come very close to their windows. When they approached us about removing them I asked to go half on the price, they said it was my problem and wouldn't pay. I told them that the trees should have been dealt with years before I owned the house when it would be easy to do. Now it will cost at the least $375 To take them down. I know they can ask to remove them but it is their responsibilty to pay for it and remove them. I tried to be friendly and offer half and even went as far as offering up to $300 but the wouldn't pay a penny so the trees are still there. Recently, when they trimmed some other evergreens on my property next to theirs they dumped the branches on my lawn. I sighed and removed them myself. I just can't see making a family feud so I keep my mouth shut. In the fall, when I plan to deal with some other trees I may ask the cutter to at least cut them away from their house. I know I shouldn't because they are the ones in the wrong here but I digress...

[PITTSTON2SARASOTA]

Originally Posted by Chefkey

I have had a similar problem. Two trees in my yard grow well over into the neighbors and come very close to their windows. When they approached us about removing them I asked to go half on the price, they said it was my problem and wouldn't pay. I told them that the trees should have been dealt with years before I owned the house when it would be easy to do. Now it will cost at the least $375 To take them down. I know they can ask to remove them but it is their responsibilty to pay for it and remove them. I tried to be friendly and offer half and even went as far as offering up to $300 but the wouldn't pay a penny so the trees are still there. Recently, when they trimmed some other evergreens on my property next to theirs they dumped the branches on my lawn. I sighed and removed them myself. I just can't see making a family feud so I keep my mouth shut. In the fall, when I plan to deal with some other trees I may ask the cutter to at least cut them away from their house. I know I shouldn't because they are the ones in the wrong here but I digress...

Sounds like bad neighbors...so sorry that people are so mean, miserable and spiteful.

[Huckleberry3911948]

the tree branches are minor. the cursing and threatening is not.

[Jungle George]

Originally Posted by Chefkey

I have had a similar problem. Two trees in my yard grow well over into the neighbors and come very close to their windows. When they approached us about removing them I asked to go half on the price, they said it was my problem and wouldn't pay. I told them that the trees should have been dealt with years before I owned the house when it would be easy to do. Now it will cost at the least $375 To take them down. I know they can ask to remove them but it is their responsibilty to pay for it and remove them. I tried to be friendly and offer half and even went as far as offering up to $300 but the wouldn't pay a penny so the trees are still there. Recently, when they trimmed some other evergreens on my property next to theirs they dumped the branches on my lawn. I sighed and removed them myself. I just can't see making a family feud so I keep my mouth shut. In the fall, when I plan to deal with some other trees I may ask the cutter to at least cut them away from their house. I know I shouldn't because they are the ones in the wrong here but I digress...

I see you know the karmic law....always comes back in some shape or form.

Sometimes it's just not worth it, & you KNOW that any negativity you put out will come back to bite you in the (now let's see....I think the NEPA word would be "dupah"....) Best to try to keep the peace....

[Riverside4ever]

Im glad We dont have these problems ,, our next neighbor is at least 1/4 mile away ..

Farming You gotta love it

[PeeAye Native]

Originally Posted by Huckleberry3911948

the tree branches are minor. the cursing and threatening is not.

I'dd second this. Make sure your call to the police gets both these things recorded.

Also, I'm no lawyer, but the police telling you to go to the local magistrate next time seems like they are shirking their duties, if they are proactive they'd roll up to the neighbor's house and tell the neighbor a complaint has been filed and recorded. Maybe contact your local elected official, township commissioner or borough councilman or whatever, and ask if this is the normal procedure.

[returningtonepa???]

Originally Posted by PeeAye Native

I'dd second this. Make sure your call to the police gets both these things recorded.

Also, I'm no lawyer, but the police telling you to go to the local magistrate next time seems like they are shirking their duties, if they are proactive they'd roll up to the neighbor's house and tell the neighbor a complaint has been filed and recorded. Maybe contact your local elected official, township commissioner or borough councilman or whatever, and ask if this is the normal procedure.

it's nepa--the police probably "know" them----sounds like my neighborhood---moving soon as lease is up---but as i discovered 'NICE' neighborhoods may have trashy neighbors-----in all my years down south my neighborhood only had 1 PITA--neighbor and he was from ne pa

PITA=PAIN IN THE ***