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Neighbor cut down our tree (1 Viewer)

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.
Totally the important part in all of this. Hopefully all is about done for you and you can move on and enjoy the new home. 

 
Well, at this point you need to have that hickory tree whittled down to about 10,000 toothpicks. When his house is done and they come over for a BBQ, you do this after dinner. Every time.

You: Toothpick?

Him: Sure, thanks.

You: They're hickory....
I still have the stump.  I won't get rid of that thing.  I might set it up as a memorial.  After making a few toothpicks from it, of course.

 
His requirement in this is to make it right and whole.  $3000 may be the valuation you agreed to on the tree, but if it costs $1500 for an arborist to come and place that(those) trees and even out the landscape, then he's liable for that as well, even if he thought the tree was his(which he didn't).  

You are a nicer person than I because I wouldn't be letting him off that easy.  

However, If you and your wife are satisfied with the offer, then that's all that really matters.  

 
I still have the stump.  I won't get rid of that thing.  I might set it up as a memorial.  After making a few toothpicks from it, of course.
You say you still have the stump— does that mean the 50 year old hickory tree stump is still protruding from the ground and will need to be ground/dug up?

Cause that would suck. 

 
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too bad you have to actually spend the 3k on a tree or does he cut you a check?  I'd buy a bubble hockey table or something along those lines instead.

 
I guess I was expecting Pro Revenge at the end of 18 pages. This guy made out huge. Wait until he makes tree jokes at the block party, throwing shade your way.  

 
:shrug:   Because they're saying they'd stick up for themselves and make this guy pay?   Weird take, maybe I'm misinterpreting.
Whatever, Gian got $3k, he's happy, the neighbor's happy, move on. He has to live next to the guy, let him live his life instead of judging the situation. My take. If y'all want to die on this hill feel free just hate when people that aren't there judge the outcome of something as not amicable because it wasn't what they would have done.

 
I still have the stump.  I won't get rid of that thing.  I might set it up as a memorial.  After making a few toothpicks from it, of course.
Better cover that thing before you start hearing fiddle music and the devil jumps up there making wagers about musical talent.

I apologize if someone already made this reference.

 
Lotta innernets tough guys in here I see. Some tough mofo's behind a keyboard.
Its common for people to talk tough until they're actually faced with a dispute, paying a lawyer and actually carrying through with the threats.  Many actually hire lawyers, file suit and continue talking tough until the bills start rolling in, motions are filed, depositions are scheduled, and then they want to come to Jesus.  In many cases, they find the deal that was previously on the table is no longer there for them due to the intervening lawsuit.  Resolving this thing without lawyers, at an acceptable amount, and allowing the neighbor to save some face is a great result for @gianmarco.  Living next to an ###hole can suck.  Living next to an ###hole who you are constantly at war with is infinitely worse.  This guy now knows that Gianmarco will stand up to him and also that he's a reasonable dude, not looking for a pound of flesh.  Great resolution of a difficult situation.

 
Whatever, Gian got $3k, he's happy, the neighbor's happy, move on. He has to live next to the guy, let him live his life instead of judging the situation. My take. If y'all want to die on this hill feel free just hate when people that aren't there judge the outcome of something as not amicable because it wasn't what they would have done.
I think it all depends on the person.  I don't think gian got screwed or messed up taking this deal if that's what makes him happy.  But I also wouldn't be surprised if someone went the lawyer route.  And I wouldn't think bad of them if they did.  I also think that even though gian is telling us all this information, it's hard to relay everything over an internet message board.  We can all say we'd do something differently, there's no harm in that, GB.  I don't think in this case, particular, anyone in here is being an internet tough guy.  At least not in a serious manner.  Maybe some shtick.

 
Its common for people to talk tough until they're actually faced with a dispute, paying a lawyer and actually carrying through with the threats.  Many actually hire lawyers, file suit and continue talking tough until the bills start rolling in, motions are filed, depositions are scheduled, and then they want to come to Jesus.  In many cases, they find the deal that was previously on the table is no longer there for them due to the intervening lawsuit.  Resolving this thing without lawyers, at an acceptable amount, and allowing the neighbor to save some face is a great result for @gianmarco.  Living next to an ###hole can suck.  Living next to an ###hole who you are constantly at war with is infinitely worse.  This guy now knows that Gianmarco will stand up to him and also that he's a reasonable dude, not looking for a pound of flesh.  Great resolution of a difficult situation.
Exactly this.

Neighbor is going to argue he thought it was his.  We get between $2500 and $3500 in that case.  To refute that, I need to get the actual arborist report, which he didn't spend time to write down yet and we agreed to hold off until we need it.  I then have to pay him for that.  Would then need to get a deposition from him.  Or have him testify.  Lawyer's fees.  In the end, the extra amount isn't as much and that's if we were to prevail.  Plus, there's no going back from that.

At this point, we're essentially out $0 out of pocket from other cost standpoint.  That could change very quickly with the next step.  CM summarized our thought process perfectly above better than I could.

Today's task for me is calling the nurseries to see if we can plant the alternative trees we're looking at for the amount he's offering.  If so, then great.  If not, then we will let him know what it actually costs and ask for that.  Either way, it's close enough that I'm confident we can get it resolved this way.

As for the stump, they initially cut the tree down with about 2-3 feet of stump.  They then took a chainsaw to that stump to get it close to ground level.  I took that part onto my property early on to keep if I needed it.  They have since completely ground the stump and there's no evidence of the tree remaining except for that stump I have that I rolled completely onto my yard. 

 
Whatever, Gian got $3k, he's happy, the neighbor's happy, move on. He has to live next to the guy, let him live his life instead of judging the situation. My take. If y'all want to die on this hill feel free just hate when people that aren't there judge the outcome of something as not amicable because it wasn't what they would have done.
Whatever, Doormat.

 
Lotta innernets tough guys in here I see. Some tough mofo's behind a keyboard.
I agree with the sentiment, but "Monday morning armchair quarterbacks" might have been a better analogy. People analyzing everything after-the-fact and claiming they would've handled it better. In reality, I highly doubt anyone here would've / could've handled this any better than gianmarco did. 

 
: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.
Did you uh quote yourself then congratulate yourself on a good posting?

 
I agree with the sentiment, but "Monday morning armchair quarterbacks" might have been a better analogy. People analyzing everything after-the-fact and claiming they would've handled it better. In reality, I highly doubt anyone here would've / could've handled this any better than gianmarco did. 
I appreciate the sentiment.  I don't think there's necessarily a "right" way.  It's a balancing act.  First of all, information evolved over time.  Secondly, I have to balance what I think is right along with my wife (who I have to also make sure is happy in this) along with what we can likely accomplish with the neighbor with a certain amount of effort/force.  I was glad to hear my wife wanting to take emotion out of it last night after reading his email and being content with his proposal.  Because ultimately that's more important to me than making neighbor guy "pay his share".  Inversely, this would have been more difficult if she was pushing for more knowing that my options would be limited.  So while others may have handled it differently, the best course of action is what works best for everyone involved.  I feel good about that for our situation.

I've called the nurseries that have larger trees available.  The cost of a 12' Green Giant Arbovitae is about $1300 planted.  This is a good alternative as it will provide privacy and grows quickly.  The problem is, looking at the area where we are to put these, 2 of these may not be enough.  3 would be ideal.  So, with this information, I may be going back to neighbor and explaining that we are interested in getting this done without lawyers, we've looked at alternative trees, here's the cost, and it's going to be $4K to fix it. 

I don't know what his response will be, but I think it's a reasonable counter to his email and close enough that I can't imagine we still can't get this worked out.  And, in the end, if we can only plant 2, it'll still be a good solution. 

 
I like this for you G -- unless he looks at how cheaply he got off this time and continues to land on the same side of the cost/benefit analysis he ran before he cut down your tree.

 
I like this for you G -- unless he looks at how cheaply he got off this time and continues to land on the same side of the cost/benefit analysis he ran before he cut down your tree.
$3-4K isn't as bad as it could have been, but I wouldn't say it's cheap either.

However, if there is a "next time", there will be no settling for anything less than the max I can obtain.  That's 100% guaranteed.

 
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.  
Ask him for an assignment of rights against the guy that cut down the tree in addition to the $3k.  There are three options:  (1)  your neighbor really wants to recoup the $3k from the contractor, so he won't assign it.   If that's the case, you'll probably be a witness at some point and you'll know about it; (2)  he gives you the assignment, and you can pursue the contractor for another $3k; (3)  he won't give it to you because he's lying and there are no rights to assign.

 
Ask him for an assignment of rights against the guy that cut down the tree in addition to the $3k.  There are three options:  (1)  your neighbor really wants to recoup the $3k from the contractor, so he won't assign it.   If that's the case, you'll probably be a witness at some point and you'll know about it; (2)  he gives you the assignment, and you can pursue the contractor for another $3k; (3)  he won't give it to you because he's lying and there are no rights to assign.
I don't understand what all this means but I'll try and figure it out when I get back home later. 

It sounds important, though. 

 
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I don't understand what all this means but I'll try and figure it out when I get back home later. 

It sounds important, though. 
He's saying your neighbor is going to pay you $3000 and then sue the tree company for $10000 and that the neighbor will have you served to testify in court against the tree contractor.  Basically the neighbor gets the tree removed, profits $7000, and you miss a day of work to assist him.

 
He's saying your neighbor is going to pay you $3000 and then sue the tree company for $10000 and that the neighbor will have you served to testify in court against the tree contractor.  Basically the neighbor gets the tree removed, profits $7000, and you miss a day of work to assist him.
So how can I prevent this? With those 3 options, if option #1 happens, what do I do or say?  Or #3?

 
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He's saying your neighbor is going to pay you $3000 and then sue the tree company for $10000 and that the neighbor will have you served to testify in court against the tree contractor.  Basically the neighbor gets the tree removed, profits $7000, and you miss a day of work to assist him.
If that is what happens, WOW!! 

 
He's saying your neighbor is going to pay you $3000 and then sue the tree company for $10000 and that the neighbor will have you served to testify in court against the tree contractor.  Basically the neighbor gets the tree removed, profits $7000, and you miss a day of work to assist him.
It would surprise me if the neighbor didn't do something like this. 

 
gianmarco said:
I've called the nurseries that have larger trees available.  The cost of a 12' Green Giant Arbovitae is about $1300 planted
Great tree. 

 
SayWhat? said:
Well if you’re leaving the stump, it’s an absolute requirement that you engrave “R.I.P.  10/14/19” into the top of it.  
I would stick a goal post in the center of it

 

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