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gianmarco

Neighbor cut down our tree

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43 minutes ago, 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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1 hour ago, 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. 

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.

Edited by Kanil
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1 hour ago, 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.

Exactly that’s what I thought as well

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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.

Edited by Kanil

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You can buy a ####load of running shoes with $5k, just saying.

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3 minutes ago, TheIronSheik said:

Who got to keep the wood from the tree?

Screw the wood, where are all the acorns?

Cuz I bet @E-Z Glider would pay for them!

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1 hour ago, 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:

that would cost GM a little extra

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13 hours ago, 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.

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.

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17 hours ago, 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:

I first read that as insertion.  :unsure: 

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Settle for $4k and hire a gaggle of homeless dudes to perpetually stand on the property line holding up giant palm leaves for privacy.

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17 hours ago, 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:

You’re like her “Word of the Day”.

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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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Ok ok ok, $3k and 25% less homeless guys. Final offer.

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So no slap & tickle with his wife? Yes, I'm disappointed

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13 minutes ago, gianmarco said:

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. 

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Are you going to send him a plate of Christmas cookies or something else to show there's no ill will?

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10 minutes ago, eoMMan said:

Are you going to send him a plate of Christmas cookies or something else to show there's no ill will?

send him a bonsai tree

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6 minutes ago, arrow1 said:

send him a bonsai tree

That would be awesome shtick.

Or yearly Christmas Cards with pictures of trees from unmarked sender.

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5 hours ago, Terminalxylem said:

How did you draw these conclusions?

With crayons.  

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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....

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5 minutes ago, ChiefD said:

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.

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Geez, that ending sucks! Why don’t you make it so that … so that Lardass goes home and he shoots his father, then he runs away an’, and he joins the Texas Rangers. How about that?

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If you dont plant a tree that sheds nuts I will be disappoint

Edited by belljr
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@gianmarco does 3K cover the tree and the “installation” and other expenses of the tree? My gut feeling is that 3K is a little low.

Also, Christmas Card schtick would be great! You and the family get pics in front of the stump this year. 

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54 minutes ago, gianmarco said:

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.

Get a nice wooden barrel to put on the stump & fill with flowers.

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2 minutes ago, Beef Ravioli said:

 

Also, Christmas Card schtick would be great! You and the family get pics in front of the stump this year. 

Better yet, have @gianmarco lay on the ground with the stump between his legs. Instant classic.

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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.  

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1 hour ago, gianmarco said:

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. 

Edited by STEADYMOBBIN 22

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1 minute ago, STEADYMOBBIN 22 said:

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. 

I'd just leave it

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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.

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1 hour ago, gianmarco said:

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.

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.  

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2 minutes ago, 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.  

Also, get a big spotlight to shine on it at night.  Something really bright.  Maybe blinking neon.  You know.  For remembrance.

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13 minutes ago, 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.  

+ horseshoe flower wreath "Stumpy"

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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.  

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Lotta innernets tough guys in here I see. Some tough mofo's behind a keyboard.

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2 minutes ago, beer 30 said:

Lotta innernets tough guys in here I see. Some tough mofo's behind a keyboard.

:shrug:  Because they're saying they'd stick up for themselves and make this guy pay?   Weird take, maybe I'm misinterpreting.

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2 minutes ago, nirad3 said:

: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.

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3 hours ago, gianmarco said:

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.

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is this guy going to be living next door?   Or is he just a builder and the house will be occupied by someone else?

 

I wouldn't want to live next door to this guy

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21 minutes ago, beer 30 said:

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.

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16 minutes ago, beer 30 said:

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.

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4 minutes ago, CletiusMaximus said:

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. 

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So I start reading another FFA thread that isn't the 10K thread and this is how things end?

I'm happy for @gianmarco, but I was hoping for @Arizona Ron-type drama.  

:sadbanana:

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