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Neighbor cut down our tree (4 Viewers)

BroncoFreak_2K3 said:
Nice job  :hifive:
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So, some of you may know this better than me.

The workers are done and I just went out and measured.  Side property setback is 22'6".  The excavated area is currently at less than 20'.  Is there something that accounts for that difference that isn't part of the foundation so that the actual foundation will end up being at 22'6"?  Or is this already a problem?  Right now, that excavated area extends over 2 1/2 feet over where it should if the foundation ends up occupying all of that space.  Those foundation molds can't be that thick, are they?

Measured just now from one of the property line stakes (the one next to our dearly departed tree, in fact) from his survey.

 
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gianmarco said:
So, some of you may know this better than me.

The workers are done and I just went out and measured.  Side property setback is 22'6".  The excavated area is currently at least than 20'.  Is there something that accounts for that difference that isn't part of the foundation so that the actual foundation will end up being at 22'6"?  Or is this already a problem?

Measured just now from one of the property line stakes (the one next to our dearly departed tree, in fact) from his survey.
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Missed opportunity to put some acorns in the pic instead of a penny.

@belljr

 
gianmarco said:
So, some of you may know this better than me.

The workers are done and I just went out and measured.  Side property setback is 22'6".  The excavated area is currently at less than 20'.  Is there something that accounts for that difference that isn't part of the foundation so that the actual foundation will end up being at 22'6"?  Or is this already a problem?  Right now, that excavated area extends over 2 1/2 feet over where it should if the foundation ends up occupying all of that space.  Those foundation molds can't be that thick, are they?

Measured just now from one of the property line stakes (the one next to our dearly departed tree, in fact) from his survey.
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Self incriminating evidence of trespassing  :oldunsure:

 
gianmarco said:
So, some of you may know this better than me.

The workers are done and I just went out and measured.  Side property setback is 22'6".  The excavated area is currently at less than 20'.  Is there something that accounts for that difference that isn't part of the foundation so that the actual foundation will end up being at 22'6"?  Or is this already a problem?  Right now, that excavated area extends over 2 1/2 feet over where it should if the foundation ends up occupying all of that space.  Those foundation molds can't be that thick, are they?

Measured just now from one of the property line stakes (the one next to our dearly departed tree, in fact) from his survey.
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That stake with the writing on it tells you where the foundation is planned. Looks like a 5' offset to something. I can't quite read it.

 
GAlmgren said:
5' out from that little nail in the hub below is a corner of either the footing or the wall.

Also looks like whatever the T.F. stands for will be 4.93' above the elevation of that hub.
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Thanks, that helps.  So then he's fine.

Well, at least he's doing one thing right!!

ETA -- T.F. = Top Foundation

 
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culdeus said:
Someone want to eli5 like the last 20 posts.  The foundation stuff. 
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To pour a concrete footing/foundation you have to remove the topsoil, bad soils etc. In order to get the building located correctly on the property you pay surveyors to stake the building. No one wants to pay the surveyors more than they have to, so they have the surveyors put in stakes that are offset from the true building corners. This way when you dig out where the building will sit the stakes remain. The stakes can then be used as a guide to set the forms for the footing/walls/etc. The actual foundation system depends on location, climate, soils and such.

 
I would be on the lookout for trail cameras or security cameras that might have been placed on site. With this being a high end home there will be tons of materials being delivered there, so he may have some security measures put in place.

 
gianmarco said:
I'll try to keep this brief.

Got the name and number of a couple attorneys and reached out to both.

Attorney #1: This is as straightforward as can be. We are 100% entitled to 3x the value. We already did all the right work. First step is draft a letter and if he doesn't respond with the full amount (~$10K), then file suit. Pretty simple. As a friend of a friend, he's going to review our email correspondence and give any advice to try and handle without this next step. Also noted the tree guys would be named in a suit (props @jb1020).  

Here's where it gets good:

Attorney #2: Calls and I tell him my name and how I got his name (from our other neighbor). He immediately goes "So what is neighbor XXXX up to now?". He named bad neighbor by name without me even saying anything else. I gave a brief summary of the situation and he said "I want to come out to the property today. Send me any pictures and emails you have".

That's it....

He seemed VERY interested in this situation and called out our guy by name. I don't know what's going on, but I'm definitely very  :popcorn: about this.
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Sounds like this guy has been an issue for awhile. Have you talked to other new neighbors about the guy or the situation and gotten opinions from them? If the Lawyer is this interest I'm curious and guessing there might be some illegal activity this guy is doing and Attorney #2 is very interesting and taking him down. That is interesting he knows the guy by name. I wonder if theres been other issues with him and your neighbors or if he's dealt with this clown before with his job and hasn't nailed him yet. 

 
gianmarco said:
Building department has come out and now requested they submit a foundation survey.  They won't get the permit to pour the foundation until that's done.  Survey equipment now out in the lot.  The dig line certainly looks to be outside the setback requirement.  I'll go measure it after the workers leave for the day.

GM -- 1, Neighbor -- 0
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I told you this clown was up to no good. Knew right away he wanted the tree removed for some building thing. You need to really nail this clown down. I know you like being the guy who wants to settle stuff with out issue but I will not feel sorry for the guy and don't think you did anything wrong if this guy loses his VP position and job when all things are said and done. This guy needs a reality check. He's sounds like an entitled scumbag con man if you ask me. The worst type of contractor. This reminds of the Show Catch a Contractor that Adam Corolla produced. They'd investigate slim ball contractors who promised to do work. Stupid people or people who didn't know how to deal with these guys would pay up front for the work (never do that), Guys would start the jobs then never return. Adam had his own contractor and his wife would do the investigative background work. Adam and his buddy would follow the clown around and then go up and catch the guy off guard. They'd tell the guy he does the work or he's being reported to the authorities and he has to do the work right. Most of the time they'd help the guy with the work. 

This clown sounds like one of those guys 

 
DJackson10 said:
I told you this clown was up to no good. Knew right away he wanted the tree removed for some building thing. You need to really nail this clown down. I know you like being the guy who wants to settle stuff with out issue but I will not feel sorry for the guy and don't think you did anything wrong if this guy loses his VP position and job when all things are said and done. This guy needs a reality check. He's sounds like an entitled scumbag con man if you ask me. The worst type of contractor. This reminds of the Show Catch a Contractor that Adam Corolla produced. They'd investigate slim ball contractors who promised to do work. Stupid people or people who didn't know how to deal with these guys would pay up front for the work (never do that), Guys would start the jobs then never return. Adam had his own contractor and his wife would do the investigative background work. Adam and his buddy would follow the clown around and then go up and catch the guy off guard. They'd tell the guy he does the work or he's being reported to the authorities and he has to do the work right. Most of the time they'd help the guy with the work. 

This clown sounds like one of those guys 
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I’ve done a complete 180 what to do in this situation, from turning the other cheek to wanting to punish the guy for being a manipulative #####. But hoping he loses his job is a bit harsh. The cash Gian deserves doesn’t just grow on trees.

 
Terminalxylem said:
I’ve done a complete 180 what to do in this situation, from turning the other cheek to wanting to punish the guy for being a manipulative #####. But hoping he loses his job is a bit harsh. The cash Gian deserves doesn’t just grow on trees.
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I agree it's a bit harsh. However guys like this PO me more. My dad is in the same business and my brother is an architect. Guys like Gian's neighbor and those like him give the good guys in the industry a terrible name. Granted maybe some of these guys just were not taught by someone with proper ethics. All for reteaching them and such but some of these guys are just your typical #######s and these guys deserve to be flipping burgers at some fast food joint instead. Harsh yes but being in a family that is in this business its tough sometimes. You should see some looks I get when I tell people what my dad or brother does. It's kind of infuriating. I do get people who ask about their work or if they could do an estimate or work for them. My dad is real careful who he does work for only gives out his number to clients he's known for yrs if they have anyone who might need work they contact him first before handing out his number. One of the reasons for this is my dad has a good client to work intake on the number of jobs he gets from regular clients. One he has PA over and is in the guys will. He has no family is 90 something and owns some properties my dad does work on. So he's always busy over there plus others. he also has two Uncles in the plumbing business he works for on occasion. In Fact my dad use to work with his Uncle as the contractor part of things when he was younger before meeting my mom. 

Either way yes what I said is harsh however I think people need to understand just how bad of a name these guys give people and their families who do well. It's no different then say people who just say F Cops all the time etc. maybe a bad comparison but you get the point. I just hate big shots like this VP guy who think they are entitled and can do whatever they want. By Gian's response about Attorney #2 this guy sounds like he could lose his job either way with or without Gian eventually. 

 
We aren't going after anyone's job.  Just want a couple trees.

ETA -- Even the call to the building office about the stake was just to make sure it's being checked and not affecting us.  I'm glad it was pointed out about the offset for the foundation.  I was only paying attention to that because it's right where the tree was (and some more minor stuff was damaged on our side when the stump was ground).  Beyond that, I'd rather not have to deal with anything else over there.

 
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gianmarco said:
We aren't going after anyone's job.  Just want a couple trees.

ETA -- Even the call to the building office about the stake was just to make sure it's being checked and not affecting us.  I'm glad it was pointed out about the offset for the foundation.  I was only paying attention to that because it's right where the tree was (and some more minor stuff was damaged on our side when the stump was ground).  Beyond that, I'd rather not have to deal with anything else over there.
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Like I said you are better person then me or I should say my dad. He'd try and have this guys job at this point checking into his company etc. You are doing a great job with this whole thing 

 
chet said:
The guy seems like a complete doosh.  He's probably bragging at work how he worked you.  0% chance he thinks the tree he cut down is worth $150.
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Find out name of construction company so chet can promptly buy it and fire the guy. 
 

Internet Justice!!!

 
Popeyecon said:
The guy's in construction.

And in my experience a bad neighbor on day one doesn't stop being a bad neighbor without intervention.
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:goodposting:

I should have read the rest of the thread I guess.  No way he didn't know what he was doing.

At this point I'd pursue every legal remedy available and throw out the possibility of ever having a good neighbor. 

He's going to try to get away with whatever he thinks he can, so might as well let him know the price is high where you're concerned.

 
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sue the guy for a ton on the tree and then after you get paid sell your house at a discount to a complete set of hillbilly clampetts for a little less than the tree winnings and just make the rest of the guys life a living hell take that to the bank bromigo

 
So in a situation like this I assume the neighbor would try to find someone to value the tree at a lower amount.  Lets say they get competing values that are off by a factor of 2, what happens? Split the difference? Get a third person to do it?

 
culdeus said:
So in a situation like this I assume the neighbor would try to find someone to value the tree at a lower amount.  Lets say they get competing values that are off by a factor of 2, what happens? Split the difference? Get a third person to do it?
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Jousting followed by A fight to the death 

 
gianmarco said:
Here's where it gets good:

Attorney #2: Calls and I tell him my name and how I got his name (from our other neighbor). He immediately goes "So what is neighbor XXXX up to now?". He named bad neighbor by name without me even saying anything else. I gave a brief summary of the situation and he said "I want to come out to the property today. Send me any pictures and emails you have".

That's it....

He seemed VERY interested in this situation and called out our guy by name. I don't know what's going on, but I'm definitely very  :popcorn: about this.
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Are you going to give us the goods on what Lawyer #2 has on the neighbor?  Did he come out to the house?  Which lawyer did you retain?

 
CletiusMaximus said:
Are you going to give us the goods on what Lawyer #2 has on the neighbor?  Did he come out to the house?  Which lawyer did you retain?
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Never heard back. I'll be reaching out tomorrow.

Also still complete silence from our neighbor. No response to our email. I haven't reached back out and don't plan on it until we get the attorney stuff in place.

 
gianmarco said:
Never heard back. I'll be reaching out tomorrow.

Also still complete silence from our neighbor. No response to our email. I haven't reached back out and don't plan on it until we get the attorney stuff in place.
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As much as it pains me to say so, it might be time to nuke this.  I agree with everyone else that you've handled this perfectly so far, both from a legal standpoint and, more importantly, a neighborly, good faith standpoint.

 
CletiusMaximus said:
As much as it pains me to say so, it might be time to nuke this.  I agree with everyone else that you've handled this perfectly so far, both from a legal standpoint and, more importantly, a neighborly, good faith standpoint.
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Nuke as in throw everything you’ve got at him or nuke as in let it go?

 
Can you imagine if the neighbor found this and sent to his lawyers and they have screenshots already?

 
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