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Neighbor cut down our tree (2 Viewers)

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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Popeyecon said:
: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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:lmao:   :lmao:   :lmao:   Solid pat on the back right there

http://gph.is/1pzbXrR

 
Yeah, I'd like to leave the thread up even just for entertainment value but if this starts taking some weird turns, we'll just blow it up. 

Let's leave the neighbor reading the thread or losing his job stuff alone and get back to what matters:  acorns.

 
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gianmarco said:
Yeah, I'd like to leave the thread up even just for entertainment value but if this starts taking some weird turns, we'll just blow it up. 

Let's leave the neighbor reading the thread or losing his job stuff alone and get back to what matters:  acorns.
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Did you ever do the police report thing?  I read the stump had been removed, but didn't know if I missed the police report in this thread.

 
WDIK2 said:
Did you ever do the police report thing?  I read the stump had been removed, but didn't know if I missed the police report in this thread.
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No police report.  The attorney I spoke to said there's no need since I have all the info that's needed.  So don't need to add any more fuel to a fire.

 
gianmarco said:
Yeah, I'd like to leave the thread up even just for entertainment value but if this starts taking some weird turns, we'll just blow it up. 

Let's leave the neighbor reading the thread or losing his job stuff alone and get back to what matters:  acorns.
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May your Thanksgiving turkey be filled with rotted Hickory Nuts

 
one time i roasted chestnuts on an open fire just because of that one christmas song except that i did not have any chessnuts so instead i used some planters cheese balls this was back when they came in the can with the metal lid you peeled off if you brohans remember that any ole how i just chucked a couple of those things right in the fireplace so that they were on an open fire well brohans it ends up that they just burn up so who knows what in the hell that song was getting at and to this day me and my lady will sometimes sing throwing cheeseballs at an open fire when we hear that song on the talk box and that my friends is the true meaning of christmas take that to the bank 

 
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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At this point once you get the attorney stuff in place if he still hasn't responded then allow your attorney to introduce themself to him. 

 
NREC34 said:
Idk. I haven’t studied the thread like a lot of you guys have. Just figured maybe it’d spice it up some if that happened. 
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Nothing has really been said in this thread that is illegal. I mean we've had some comments banging the guys wife but anyone reading this thread would see those were jokes. Other then that it's been nothing but encouragement, opinions and posters talking about own experiences with bad neighbors 

 
SWC said:
one time i roasted chestnuts on an open fire just because of that one christmas song except that i did not have any chessnuts so instead i used some planters cheese balls this was back when they came in the can with the metal lid you peeled off if you brohans remember that any ole how i just chucked a couple of those things right in the fireplace so that they were on an open fire well brohans it ends up that they just burn up so who knows what in the hell that song was getting at and to this day me and my lady will sometimes sing throwing cheeseballs at an open fire when we hear that song on the talk box and that my friends is the true meaning of christmas take that to the bank 
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i am pretty sure djackson liked this one just because it is an unreadable wall of text take that to the bank bromigos

 
SWC said:
one time i roasted chestnuts on an open fire just because of that one christmas song except that i did not have any chessnuts so instead i used some planters cheese balls this was back when they came in the can with the metal lid you peeled off if you brohans remember that any ole how i just chucked a couple of those things right in the fireplace so that they were on an open fire well brohans it ends up that they just burn up so who knows what in the hell that song was getting at and to this day me and my lady will sometimes sing throwing cheeseballs at an open fire when we hear that song on the talk box and that my friends is the true meaning of christmas take that to the bank 
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Top 5 SWC 

(someone should start an SWC appreciation thread)

 
Well, unfortunately attorney #2 didn't provide anything interesting. At this point, if we use a lawyer, we will probably go with #1 and start with a letter if we don't get a response soon. Despite all that's taken place, I'd still like to try and get this done ourselves. I'm ok with one spruce tree if we can agree on that. However, I'm not proposing that on my end given he still has yet to respond to our last email.

So, we just sent an email giving him one last chance to try and work this out reasonably.  

Dear XXXXX,

We'd like to get this resolved soon and are open to finding a middle ground so we can move forward but would like a response either way by the end of the week.

Thanks,

XXXXX

If he doesn't respond by Friday with an attempt to meet in the middle of his $2K and our 2 spruce trees ($10K), then we will retain the attorney and start with a letter and then file suit seeking the full amount we are owed if that doesn't work.

We've been patient but we are almost at the end trying to get this done ourselves.

 
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gianmarco said:
Well, unfortunately attorney #2 didn't provide anything interesting. At this point, if we use a lawyer, we will probably go with #1 and start with a letter if we don't get a response soon. Despite all that's taken place, I'd still like to try and get this done ourselves. I'm ok with one spruce tree if we can agree on that. However, I'm not proposing that on my end given he still has yet to respond to our last email.

So, we just sent an email giving him one last chance to try and work this out reasonably.  

Dear XXXXX,

We'd like to get this resolved soon and are open to finding a middle ground so we can move forward but would like a response either way by the end of the week.

Thanks,

XXXXX

If he doesn't respond by Friday with an attempt to meet in the middle of his $2K and our 2 spruce trees ($10K), then we will retain the attorney and start with a letter and then file suit seeking the full amount we are owed if that doesn't work.

We've been patient but we are almost at the end trying to get this done ourselves.
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Will you really be happy with the results in the future if you settle for one spruce to replace the 50' Hickory tree that you know he intentionally had cut down?

 
Given his delay, my guess is that he's contacted a lawyer and is waiting for an opinion from the lawyer about his liability and options.  If I'm remembering correctly, the $10K value you asked for was already a compromise position on your part in an attempt to achieve a quick resolution.  If so, don't now make that your starting point for further negotiations - so, don't look for a compromise between $2K and $10K.  Instead, go back to your full valuation of the tree and the 3x damages, and start from there.  And you can tell the neighbor that's what your doing, so that he understands why you've moved your starting position.

 
cashman88 said:
Given his delay, my guess is that he's contacted a lawyer and is waiting for an opinion from the lawyer about his liability and options.  If I'm remembering correctly, the $10K value you asked for was already a compromise position on your part in an attempt to achieve a quick resolution.  If so, don't now make that your starting point for further negotiations - so, don't look for a compromise between $2K and $10K.  Instead, go back to your full valuation of the tree and the 3x damages, and start from there.  And you can tell the neighbor that's what your doing, so that he understands why you've moved your starting position.
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Yeah, this.  I mean the quick resolution of this without lawyers was one option, that option has now passed.

 
One other tiny mistake I think that was made was putting a long fuse on this, saying you would only plant a tree in the spring gives the impression that you might be willing to let this run some clock.  

Also, just saying he could provide the tree, and not cash for you to buy the tree was also potentially an error. 

 
gianmarco said:
Happy probably not the right word. I think content is a better description. 
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Exactly, I understand the distinction. 

Content would be a great outcome, I hope it works out that way.

 
culdeus said:
One other tiny mistake I think that was made was putting a long fuse on this, saying you would only plant a tree in the spring gives the impression that you might be willing to let this run some clock.  

Also, just saying he could provide the tree, and not cash for you to buy the tree was also potentially an error. 
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To clarify a few points:

1)  It's not that we would only plant the tree in the spring.  The tree can't be moved or planted now.  It HAS to be done in the spring. 

2)  We specifically asked in our email to him that he either provide a paid receipt to the nursery we chose or provide us the equivalent in cash/check.  I didn't copy/paste our email here and just didn't put that specific detail when I summarized the email

3)  It's not the tree valuation PLUS 3x the damages.  It's 3x the tree valuation.  What we are asking for isn't far off from the maximum.  But it still doesn't include him having to pay an attorney on his part and subsequently paying for ours plus any other costs.  So it's still cheaper for him in the long run to get it done this way.  Plus, as a contractor, he can get these trees for less than I can so it ends up costing him less to get this done on his own vs. paying out the amount in cash (I would assume).

I agree that "quick resolution" has passed.  But, there's still a chance to get this done between us.  I agree that he has probably reached out to his lawyer and that's why we probably haven't heard back from him over the last few days.  I also didn't put a specific time frame in our email from last week which was why I specifically asked to hear one way or the other by the end of this week in the email we sent last night.  It's possible in that timeframe (and after hearing from his lawyer) that he realizes he needs to get close to where we are or he may be on the hook for more.  So, a few more days in waiting for that doesn't really change much.

If he decides against that or doesn't respond at all, then we'll be getting help from the attorney.  But, at that point, I'm starting to pay for services.  First, for a letter, then beyond that any more time needed to negotiate or file suit.  Ultimately, he would be responsible for these costs if we file a lawsuit, but if not, then I'm paying out money to recover money for which there's never a guarantee (despite this being pretty open/shut).  So, from a financial standpoint, trying to get this done ourselves is still in our best interest. 

 
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gianmarco said:
To clarify a few points:

1)  It's not that we would only plant the tree in the spring.  The tree can't be moved or planted now.  It HAS to be done in the spring. 

2)  We specifically asked in our email to him that he either provide a paid receipt to the nursery we chose or provide us the equivalent in cash/check.  I didn't copy/paste our email here and just didn't put that specific detail when I summarized the email

3)  It's not the tree valuation PLUS 3x the damages.  It's 3x the tree valuation.  What we are asking for isn't far off from the maximum.  But it still doesn't include him having to pay an attorney on his part and subsequently paying for ours plus any other costs.  So it's still cheaper for him in the long run to get it done this way.  Plus, as a contractor, he can get these trees for less than I can so it ends up costing him less to get this done on his own vs. paying out the amount in cash (I would assume).

I agree that "quick resolution" has passed.  But, there's still a chance to get this done between us.  I agree that he has probably reached out to his lawyer and that's why we probably haven't heard back from him over the last few days.  I also didn't put a specific time frame in our email from last week which was why I specifically asked to hear one way or the other by the end of this week in the email we sent last night.  It's possible in that timeframe (and after hearing from his lawyer) that he realizes he needs to get close to where we are or he may be on the hook for more.  So, a few more days in waiting for that doesn't really change much.

If he decides against that or doesn't respond at all, then we'll be getting help from the attorney.  But, at that point, I'm starting to pay for services.  First, for a letter, then beyond that any more time needed to negotiate or file suit.  Ultimately, he would be responsible for these costs if we file a lawsuit, but if not, then I'm paying out money to recover money for which there's never a guarantee (despite this being pretty open/shut).  So, from a financial standpoint, trying to get this done ourselves is still in our best interest. 
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I still think he's playing chicken with you.  First, he didn't think you'd make a big deal out of this.  Now, he's probably thinking you won't want to waste your time and money to go through the court system here.  

This doesn't sound like his first rodeo.

 
I do not remember the exact context in which it came up, but a few years back I realized that my wife did not know what fisting was, and I wound up explaining it to her as meaning "really screwing someone over".  Anyway, I share that because her sister has a neighbor that was being a #### about about her Halloween decorations near his driveway and I mentioned something about cutting down one of his trees as retaliation.   One thing lead to another and I wound up telling her about my "corworker from out of state" Marco, who was dealing with something like that in real life.  My wife's response to my summary of the story was something along the lines of "Wow, Marco's neighbor is really fisting him."  Just thought I'd share. 

ETA: P.S. I agree with her assertion :oldunsure:

 
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Jaysus said:
I do not remember the exact context in which it came up, but a few years back I realized that my wife did not know what fisting was, and I wound up explaining it to her as meaning "really screwing someone over".  Anyway, I share that because her sister has a neighbor that was being a #### about about her Halloween decorations near his driveway and I mentioned something about cutting down one of his trees as retaliation.   One thing lead to another and I wound up telling her about my "corworker from out of state" Marco, who was dealing with something like that in real life.  My wife's response to my summary of the story was something along the lines of "Wow, Marco's neighbor is really fisting him."  Just thought I'd share. 

ETA: P.S. I agree with her assertion :oldunsure:
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👊

 
gianmarco said:
To clarify a few points:

1)  It's not that we would only plant the tree in the spring.  The tree can't be moved or planted now.  It HAS to be done in the spring. 

2)  We specifically asked in our email to him that he either provide a paid receipt to the nursery we chose or provide us the equivalent in cash/check.  I didn't copy/paste our email here and just didn't put that specific detail when I summarized the email

3)  It's not the tree valuation PLUS 3x the damages.  It's 3x the tree valuation.  What we are asking for isn't far off from the maximum.  But it still doesn't include him having to pay an attorney on his part and subsequently paying for ours plus any other costs.  So it's still cheaper for him in the long run to get it done this way.  Plus, as a contractor, he can get these trees for less than I can so it ends up costing him less to get this done on his own vs. paying out the amount in cash (I would assume).

I agree that "quick resolution" has passed.  But, there's still a chance to get this done between us.  I agree that he has probably reached out to his lawyer and that's why we probably haven't heard back from him over the last few days.  I also didn't put a specific time frame in our email from last week which was why I specifically asked to hear one way or the other by the end of this week in the email we sent last night.  It's possible in that timeframe (and after hearing from his lawyer) that he realizes he needs to get close to where we are or he may be on the hook for more.  So, a few more days in waiting for that doesn't really change much.

If he decides against that or doesn't respond at all, then we'll be getting help from the attorney.  But, at that point, I'm starting to pay for services.  First, for a letter, then beyond that any more time needed to negotiate or file suit.  Ultimately, he would be responsible for these costs if we file a lawsuit, but if not, then I'm paying out money to recover money for which there's never a guarantee (despite this being pretty open/shut).  So, from a financial standpoint, trying to get this done ourselves is still in our best interest. 
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But have you considered that we don't appreciate having to wait for updates?  That won't fit into any cost/benefit model you're working with because our time is INVALUABLE.

 
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TheIronSheik said:
I still think he's playing chicken with you.  First, he didn't think you'd make a big deal out of this.  Now, he's probably thinking you won't want to waste your time and money to go through the court system here.  

This doesn't sound like his first rodeo.
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Exactly that’s what I thought as well

 
In the meantime, maybe you could post a picture of you and your neighbor next to a penny (for scale to determine who is larger) so we can determine whether or not you should punch him in the face in front of his wife and kids.

 
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Jaysus said:
I do not remember the exact context in which it came up, but a few years back I realized that my wife did not know what fisting was, and I wound up explaining it to her as meaning "really screwing someone over".  Anyway, I share that because her sister has a neighbor that was being a #### about about her Halloween decorations near his driveway and I mentioned something about cutting down one of his trees as retaliation.   One thing lead to another and I wound up telling her about my "corworker from out of state" Marco, who was dealing with something like that in real life.  My wife's response to my summary of the story was something along the lines of "Wow, Marco's neighbor is really fisting him."  Just thought I'd share. 

ETA: P.S. I agree with her assertion :oldunsure:
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that would cost GM a little extra

 
TheIronSheik said:
I still think he's playing chicken with you.  First, he didn't think you'd make a big deal out of this.  Now, he's probably thinking you won't want to waste your time and money to go through the court system here.  

This doesn't sound like his first rodeo.
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How did you draw these conclusions?

I think it’s more likely he’s contacted a lawyer and is trying to figure out which path costs the least.

 
Jaysus said:
I do not remember the exact context in which it came up, but a few years back I realized that my wife did not know what fisting was, and I wound up explaining it to her as meaning "really screwing someone over".  Anyway, I share that because her sister has a neighbor that was being a #### about about her Halloween decorations near his driveway and I mentioned something about cutting down one of his trees as retaliation.   One thing lead to another and I wound up telling her about my "corworker from out of state" Marco, who was dealing with something like that in real life.  My wife's response to my summary of the story was something along the lines of "Wow, Marco's neighbor is really fisting him."  Just thought I'd share. 

ETA: P.S. I agree with her assertion :oldunsure:
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I first read that as insertion.  :unsure:  

 
Update:

So, as we and others here figured, he reached out to his lawyer. Our last email got his attention.

Basically, he'd like to still get this resolved along with us without getting attorneys involved. He pointed out a similar statute that is the same as what I linked but only single damages if he had any reason to believe the tree was his.

Now, we all know that he knew. I have plenty of evidence to suggest that as well. However, guaranteeing I can prove that and prevail is a different story.  

More importantly, while I'm not looking to make friends with the guy, there's still the concept of being neighborly and understanding that there's still plenty that can be done on his end in the future if this gets really contentious. 

He offered to pay the average of the two appraisals, which is $3000. It's close to our value of the tree. We looked at other evergreen options that will work just as well and can be covered by that amount.

And with that, I don't need to pay out to an attorney or anything else out of pocket.

I know it's not the juiciest update or the ideal resolution, but it's good enough for us to get this done. It's not an insignificant amount for him to pay out either so he at least realizes that he can't simply do whatever he wants without consequences.  And while it took some time, if he had started at this number, we would have probably accepted from the get go.

I will reach out to attorney #1 who was really helpful and update and see if he has any thoughts if he's willing to share with us. I'm pretty sure he'll agree this is the best option despite telling us we're entitled to more.

As for attorney #2, he was actually a huge scumbag. Without asking for such, he drafted a letter asking for something we weren't asking for. I told him we'd manage it ourselves and he sent us a bill of $300 for his time despite never even agreeing to retain his services or discuss fees. I called him up and told him this and he agreed to dismiss the bill. That actually was almost worse than the neighbor. 

So there you go. I'm sure plenty of you will feel we should be out to get more and we're letting him off too easy, but we are both comfortable with this and ready to be done.

 
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