Came Home to find tree gone! Long Post...Venting

   / Came Home to find tree gone! Long Post...Venting #1  

ultrarunner

Epic Contributor
Joined
Apr 6, 2004
Messages
22,328
Location
SF Bay Area-Ca Olympia WA Salzburg Austria
Tractor
Cat D3, Deere 110 TLB, Kubota BX23 and L3800 and RTV900 with restored 1948 Deere M, 1949 Farmall Cub, 1953 Ford Jubliee and 1957 Ford 740 Row Crop, Craftsman Mower, Deere 350C Dozer 50 assorted vehicles from 1905 to 2006
My home is on 1 acre and the previous owner planted/cultivated a row of Oak and Monterrey Pines along the fence row so my shop and yard would have some privacy from the neighbor. The shop and having some land out back where I can park an old truck or keep my log splitter is why I bought the place. My city has strict rules regarding blight in the public view and just about anything stored can be considered blight if visible

The Pines are mature, about 50 to 60' and Oaks 10 to 15'

My new neighbor of 3 years with his 5 year old home has been after me since day one to take out my trees because needles would carpet his driveway a couple of times each year after a big wind storm. No needles would ever be on his roof or landscaped area.

He went ahead last year and had a tree company trim a few very large branches back to the edge of his driveway and asked me about it ahead of time. The trimming caused sap to drip on his vehicles which is much worse than the occasional needles.

This week he asked for permission to come on my property to take the branches back to the trunk and I said no problem.

Last night when I came home I found all the Pines limbed from the ground to 40' on the side facing him and one of my Oaks is totally gone... the tree guy said he was told to take it out and my neighbor said the tree guy had a limb get away from him and it wiped out the oak. I saw the tree guy this morning and asked for his license and insurance and he drove off.

I'm not a tree fanatic, but I do value my privacy... which is not gone. My entire yard and shop is now in full view from all the rooms on the east side of his home and deck.

I talked to him this morning and he apologized by saying the tree guy was a little too aggressive and offered to reimburse me the cost to set a new Oak... Not much consolation when I now live in a fish bowl.

I'm thinking about buying 20 Bottle Brush trees... they seem to thrive in my area and in 5 years should get real bushy... or maybe it's time to pull up stakes and move out of the city...
 
   / Came Home to find tree gone! Long Post...Venting #2  
That sucks. If someone cuts a tree on my timber property they are liable for treble damages of what the tree was worth, however, you are dealing with a next door neighbor and in order to keep peace in the neighborhood, you have to be a little more diplomatic in this situation.

You could pick several varieties of trees that you would like to plant to replace what was lost and talk to your neighbor to see which of your choices he likes the most. Then you should take him up on his offer to pay to repair his mistake.

Everyone must realize that trees planted on their property line will encroach on the neighbors property and in most areas the neighbor has the right to cut any tree limbs that extend over his property. This will make the tree look lopsided and also put it out of balance possibly causing it to fall in a storm. It is always best to set a tree back some from the property line when possible. Fences on property lines are a better alternative to trees.

Hopefully, you can settle this dispute with your neighbor in a way that will allow you to remain friends.
 
   / Came Home to find tree gone! Long Post...Venting #3  
...

I talked to him this morning and he apologized by saying the tree guy was a little too aggressive and offered to reimburse me the cost to set a new Oak... Not much consolation when I now live in a fish bowl.

....


Well. You gave him permission to do what he did. And he damaged your Oak while doing it and is offering to replace it. To me, it seems like he is doing the right thing. Accept his offer and be done with it.;)
 
   / Came Home to find tree gone! Long Post...Venting #4  
This is not your primary residence, right? Well the neighbor is to some extent looking after your stuff whjile you're away and you want him to be able to see someone starting it on fire and then to like you enough to call the fire dept.

Lesson learned: never give permission for tree/branch removal without being on site.
 
   / Came Home to find tree gone! Long Post...Venting
  • Thread Starter
#5  
I appreciate the practical replies...

The fence idea won't work because fences are not allowed unless it is 3 rail corral type. The CC&R's regulate just about everything.

True, I did give him permission because it is the neighborly thing to do... I never imagined my permission to trim back a few limbs dripping sap would result in taking everything from the ground up. The trees are set back 8 feet from the line due to a sewer easement running down the line. His driveway is between 18 and 25 feet from the tree trunks.

I'm still having a hard time making the leap from trimming a few branches to "Clear Cutting"

My home is down in a low spot and was built in 1955. His was built 5 years ago and at a much higher elevation and I remember being thankful for the trees as his home was being built.

Thanks again for the opportunity to vent...

Probably best I avoid the situation for now.
 
   / Came Home to find tree gone! Long Post...Venting
  • Thread Starter
#6  
This is not your primary residence, right? Well the neighbor is to some extent looking after your stuff while you're away and you want him to be able to see someone starting it on fire and then to like you enough to call the fire dept.

Lesson learned: never give permission for tree/branch removal without being on site.

Very True... all I can say is he caught me on the road going to airport when he asked.

I'm at the property everyday, that's where my shop is... the home is rented to my brother's brother-in-law. I live in a tract home about 400 yards away as the crow flies.
 
   / Came Home to find tree gone! Long Post...Venting #7  
I would be very upset with said neighbor and expect him to pay for whatever you put in place to replace the oak. That is total BS and the guy needs to go out of his way to make it right. If he doesn't I would replace the trees with other evergreens that are guaranteed to mess his drive.

I would also go after the tree trimmer. Maybe even bust the neighbor for using unlicensed trimmers. Stuff like this really torq's me. I always have to
get restitution or it just eats at me making it worse. It's why I do my best to avoid issues like this.
 
   / Came Home to find tree gone! Long Post...Venting #8  
That sucks. If someone cuts a tree on my timber property they are liable for treble damages of what the tree was worth, however, you are dealing with a next door neighbor and in order to keep peace in the neighborhood, you have to be a little more diplomatic in this situation.

You could pick several varieties of trees that you would like to plant to replace what was lost and talk to your neighbor to see which of your choices he likes the most. Then you should take him up on his offer to pay to repair his mistake.

Everyone must realize that trees planted on their property line will encroach on the neighbors property and in most areas the neighbor has the right to cut any tree limbs that extend over his property. This will make the tree look lopsided and also put it out of balance possibly causing it to fall in a storm. It is always best to set a tree back some from the property line when possible. Fences on property lines are a better alternative to trees.

Hopefully, you can settle this dispute with your neighbor in a way that will allow you to remain friends.

I planted 6 Pines along my rear property line about a foot over on my side of the line back in 1974.
There was nothing but an open field behind me back then.
A few years ago they built a subdivision on that land with 5 houses on 5 lots that border the back of my property.
Today the trees are 30 to 40 feet tall.
If I had it to do over i would not have planted them.
 
   / Came Home to find tree gone! Long Post...Venting #9  
If you need fast privacy screen. Plant a row of Leyland Cypress. They grow 4-6 feet a year if well taken care of. You can trim them like a hedge.

Very fast growing in the NW.
 
   / Came Home to find tree gone! Long Post...Venting #10  
<deleted text> The Pines are mature, about 50 to 60' and Oaks 10 to 15'

<deleted text>
I talked to him this morning and he apologized by saying the tree guy was a little too aggressive and offered to reimburse me the cost to set a new Oak... <deleted text>

I can only imagine what a 10' to 15' oak would cost and what sort of equipment would be needed to replace it with a "like kind". But im sure your neighbor was thinking replacing it with a 3 to 4' tree (or even smaller).

You could pull his chain and get a quote for replacing it with an exact size tree. Would $2,000 to $5,000 even start to get a replacement??

Brian
 

Tractor & Equipment Auctions

Horse Statue From Garden State Raceway (A36602)
Horse Statue From...
2005 Utility Refrigerated Van Trailer, (A35430)
2005 Utility...
Ferris Red Riding Mower 72" Deck (Parts) (A33238)
Ferris Red Riding...
2010 John Deere 6330 Slope Mower 4WD Tractor (A35915)
2010 John Deere...
Allen Pro900 Power Trowel (A36337)
Allen Pro900 Power...
Mahindra 5555 (A35780)
Mahindra 5555 (A35780)
 
Top