Neighbor is hiring someone to cut down our tree. (Placerville: felony, attorney)

[evelynmcconnell]

This story takes place in El Dorado Country, Placerville, CA.

While we were away for the week, our neighbor began preparations to cut down an oak tree that is on our side of the fence. I only discovered this because he climbed up it while we were gone and built a wedge in the "y" of the tree to put pressure on the main branches to split the tree. If successful, this will make an awful mess in our yard, not his. His complaint is that due to the west winds we encounter here daily, he wishes to not ever see a leaf in his yard again. He has never asked if he could cut it down or even trim it, just every time we leave, he comes over and up a ladder then he cuts on it. There are some very small branches that hang over the fence that legally he could cut off and hasn't but instead he has pretty much taken the matter into his own hands and plans to cut it down while we are away. Further more, he claims it is his tree....the one on our side of the fence. So, I asked if he would show me the papers or documentation that proves this tree somehow belongs to him. He can't, of course.

Upon talking with the local sheriff, the only action I can take is to file a complaint that he is trespassing on our property and at that point they would charge him with a misdemeanor. I was really hoping we could settle this nicely. Any ideas would be greatly appreciated.

[jguillot]

It sounds like your neighbor is a "nut case." I would call the Sheriff's Department every time you find that he has been messing with your tree. I would think that if he does cut down your tree, he could be charged with a felony instead of a misdemeanor. Is there any chance that your fence is not right on the property line? If the fence is actually on his property, then the tree could actually be on his property as well without you realizing it.

[NewToCA]

I'd check to see if it could be considered a California Penal Code 594 violation, or Vandalism:

California Penal Code Section 594 - California Attorney Resources - California Laws

[Ultrarunner]

As long as you live next to one another it will continue to be a sticky situation...

My neighbor asked to trim a few branches overhanging his driveway... my home was built in 1955 and his in 2004 and he bought it in 2006.

Anyway, his tree guy cut every branch on three 50 foot trees all the way to the top pointing towards his property and totally wiped out my 8 to 10' oaks that I have been tending by dropping limbs crushing them.

I was quite upset... but the damage was already done.

He said his tree guy got carried away... but would not give me the guys name... In my city you need to have a license to trim trees for hire and a permit to remove oaks...

I ended up weighing the pros and cons and learned to live with it... he offered to pay for the new trees I bought... I declined.

I just could not see getting into a range war and having to deal with the fallout every time I came home...

He's been helpful on things in the past and is a contractor...

Can anyone cut down trees they own without restriction? Have you documented with before and after pictures?

He could really be unbalanced... there was a case in Carmel where one neighbor killed another about something that started over a property line and trees...

[Huckleberry3911948]

i hear you arboreal hit man, a contract
you need protection asap.

[jkca1]

Silly neighbor. In most places the law states that a neighbor can cut limbs that encroach their property. Beyond that they need to back off.

[sms1967]

I wouldn't waste another minute worrying about keeping things friendly. He obviously has zero regard for you, your tree or your property line he crossed.

I'd mail him a letter stating you've consulted local law enforcement and will be happy to press charges should he set foot across your line again. Furthermore, 'let' him know you have photographs of him doing this... he doesn't need to know... and will save them for his final, stupid act of defiance.

[sms1967]

One other idea... since dumb*ss is hiring someone to cut it down, you might create and post a warning sign on the tree. You know, a 'threat of lawsuit if removed' sign. Placed low enough a professional would see it... yet high enough your idiot neighbor would fall and break his neck trying to remove it.

[Jude1948]

When we first moved to our home, there were no homes behind us. There were a couple of large trees just on the opposite side of the property line. Being good good neighbors, we spoke with the couple who built and moved in, about the tree that was most likely dead. We said we would help in the cost of taking it down since it was so close to us. The top had only bare limbs, and foilage on the bottom half. Serveral times the wind would cause a branch to fall on our property. I would say nothing and haul the branch around for the trash pickup. Well, they got some local yokle to come look and said he could save it and just take off the top dead branches. We agreed and spit the cost of a lot of money. Now the tree looks like ****. We get all the leaves. I raked them last week and put them as close to his property as possible (no fence). Well he got out and raked his side, and left my pile. We are in our sixties, and this fellow is much younger. I know I am expecting too much. But when it comes time and it will, to take this dead tree down we not be splitting any bills.

[daddiesgirl]

I recommend you make it a Blockbuster night and checkout "Lakeview Terrace."

I echo what Ultrarunner writes in that most of these situations can be resolved with communication and civility, which is easier said than done. I had something similar happen when our old neighbor (who is a complete grump) keeps overwatering his lawn. The guy was in his late 40's/early 50's and never responds when you say "hi" and always has that look like he just came home from a bad day's work. We requested him to check his sprinkler system because it kept blasting everywhere. Long story short, after a lot of nasty bickering, complaints, money and mind games, we just sold and moved elsewhere. It's sooo not worth going through life thinking about things so trivial when each side could have been a little more "cool."