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Neighbor cut down our tree (4 Viewers)

gianmarco said:
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. 
You can also talk to the nursery about package deal if you buy more than 2 large trees.  They are expensive, but they might be willing to work on price to move 3-4 trees.  Not many people making that large of landscape investments. We purchase farm land in 2005 that had no trees on it.  For 2 years we went to landscape auctions and nurseries looking for deals.  We were able to purchase balled and burlaped Autum Blaze maples 6-8" diameter for $100 (these trees are over $600 now).  We also purchased b&b 6-8' black hill spruce trees for same price.  Was a lot of work to get them to the land and plant, but saved a ton of money.  I know the market is a lot different now then back then but keep and eye out for deals (fall so they don't have to store/mulch over winter). 

 
Gianmarco, I hope you take this in the spirit offered, perhaps considering that it was I who initially suggested multiple decent sized trees. 

This guy is not taking this seriously.  While not doing so I presume he is proceeding with his life, working on his house while forcing work and worry on you.  Time to crawl up his ###, past time.  Your forbearance has been admirable, but comes a time for it to end.  Anybody who did what he did, and who treats you with so little respect is going to be one to have cut other corners.  I suggest you go to your county and/or municipality, as applicable, and check on all of his building and landscaping permits.  No way this corner cutter has them.  Time to shut him down.  You also need to get into court, sue him over the lost tree, and get an injunction against any further activity on his lot until the court and all building officials are assured he is in full compliance with all laws and until your damages have been paid.  When you sue him you will want to depose him, or at a minimum get interrogatories.  One of the first questions will be as to his personal and professional insurance and as to whether he has bonding or a surety for his current project.  Let him know you are going to allow his business reputation to absorb this information.  Hit him where it will get his attention.  Maybe even post a sign on your property explaining to all neighbors what is transpiring.  Sure, eventually you will have to take it down when you get a notice from the county, but in the mean time it may just, with the help of a call or two to the consumer help line at your local T.V. station, it may get a story going and a conversation going about his business practices, his building practices, his corner cutting, his shoddy treatment of folks next to his project sites.  It would be no surprise if others come forward with similar tales.  Make him regret not having accepted your goodwill and neighborly gestures.  Teach this dillhole a lesson in responsibility and economics.  You owe it to yourself and your community.  

 
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Don't accept the word of local building officials that he has all of his permits, grading, foundation, framing, plumbing, electrical, roofing, landscaping, street premits for parked construction vehicles, sewer and water taps, do an open records records request.  You need them in hand or they don't exist.

Oh, if he does not have them it would be irresponsible of you as a concerned citizen to not share that information with any licensing boards to which he belongs, to his banks, sureties, and insurance brokers.

 
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Right now this is way more inconvenient for you than for him.  You need to change that equation.  It must become a priority for him to resolve this, and damn quickly, not on his terms, but on yours.  You need to find ways where spending ten minutes of your time costs him hours of inconvenience.

 
Right now this is way more inconvenient for you than for him.  You need to change that equation.  It must become a priority for him to resolve this, and damn quickly, not on his terms, but on yours.  You need to find ways where spending ten minutes of your time costs him hours of inconvenience.
Thought I was out.

Seriously though, can we just get Ditka to finish this whole thing?  Would be epic IMO.

 
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Like I said, he's playing chicken.  But he's also playing chess, thinking a few steps ahead.  It's like a combination of the two games.  Like, Ch-icken.  
@gianmarco needs to plant another hickory right there. Same spot. Spend the extra dough and get one that is at nut-bearing age already. Hell. I'd contribute to that gofundtree.com fundraiser. 

THAT would be the ultimate middle finger to this #####. 

 
-fish- said:
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.
-fish- like the Mariano Rivera of this thread.  gianmarco had an incredible game going, but was having trouble finishing it.  Then out comes -fish- to get the save. :thumbup:

 
@gianmarco needs to plant another hickory right there. Same spot. Spend the extra dough and get one that is at nut-bearing age already. Hell. I'd contribute to that gofundtree.com fundraiser. 

THAT would be the ultimate middle finger to this #####. 
No the ultimate middle finger would be to plant four arborvitae in a grouping.  The first a four footer, the next in line an eight footer, the third and fourth, again four footers.  Have them aligned so that the line of planting is perpendicular to his sight line to your property. 

 
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No the ultimate middle finger would be to plant four arborvitae in a grouping.  The first a four footer, the next in line an eight footer, the third and fourth, again four footers.  have them aligned so that the line of planting is perpendicular to his sight line to your property. 
Even better.  :lol:

 
Sad about the bald eagle nest up in the top of that hickory.  I understand you enjoyed watching them.  Worse yet that he hauled away evidence of that nest.  Imagine if folks found out he was a hater of wildlife.  It may even be that he eliminated the tree and the nest as construction in proximity to an actively used nest is prohibited. 

I'm pretty sure I heard there was a nest.  I could swear it was so.  I mean who would make up such a thing?

 
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@gianmarco needs to plant another hickory right there. Same spot. Spend the extra dough and get one that is at nut-bearing age already. Hell. I'd contribute to that gofundtree.com fundraiser. 

THAT would be the ultimate middle finger to this #####. 
You ever had a neighbor that had a crab apple tree that hung over your yard???  Thats the ultimate FU tree.  Those things are awful.  Same guy has an apricot tree that hung over my roof.  Those were delicious though.  I never complained.  

I actually think the $3,000 is a decent resolution.  You lost your tree, but it sounds like $3000 will buy you a nice newly landscaped spot that you'll enjoy for a long time.  Your neighbor walks away not too butt hurt over this.  Neighbor likely knows you could have made this a lot worse for him and he'll probably appreciate it in time.  

 
No the ultimate middle finger would be to plant four arborvitae in a grouping.  The first a four footer, the next in line an eight footer, the third and fourth, again four footers.  have them aligned so that the line of planting is perpendicular to his sight line to your property. 
This was a big news story when I lived in Utah for a few years.  Its old, but relevant here.

Lets not give @gianmarco's neighbor any ideas though.  

 
Where was this again, Missouri? I think I may have spotted an eastern spotted skunk on the property, a Bachman's sparrow which seemed to want to nest in that elderberry bush which he also uprooted.  Why does this developer hate endangered species.  You enjoy them and have tried to keep your property supportive of their habitat.  And now, well now not so much with that tree gone, cut off in the prime of its life.

 
BassNBrew said:
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 happens, I’m going to the neighbors thread. Gary’s, Gary’s, Gary’s

 
@gianmarco I think it was asked, but I don't know the answer...is the neighbor actually going to be living in the house or is he doing this as an investment?  If the latter, he cares even less about you and the situation than he is already showing...and he also would just roll up the cost of making this right as an expense at pre-tax dollars (which is less "hurt" for him).

 
@gianmarco I think it was asked, but I don't know the answer...is the neighbor actually going to be living in the house or is he doing this as an investment?  If the latter, he cares even less about you and the situation than he is already showing...and he also would just roll up the cost of making this right as an expense at pre-tax dollars (which is less "hurt" for him).
He is going to be living in this house.  It is not an investment.  This will be his home.

 
Neighbor will be calling me this morning.  I will be asking him for $4K so that we can plant what needs to be planted.  So, let's see what happens.....
Have we taken "fire bombing his house" off the table yet?  Or are we going the doormat route?

 
gianmarco said:
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 you were 1/2 on scumbag/non-scumbag lawyers.  Not a bad batting average.

So did the tree company get to keep the wood?  I have a hard time thinking that tree is only worth 3k with what hickory boards go for.

 
So, the dude is going to be forming the foundation pretty quick. Once they get the forms up, you need to go all around that foundation and sprinkle hickory nuts into the bottoms of the forms before they pour the concrete. 

For the rest of his life, your nuts are gonna be in his house.

Booyah!  :headbang:

 
So, the dude is going to be forming the foundation pretty quick. Once they get the forms up, you need to go all around that foundation and sprinkle hickory nuts into the bottoms of the forms before they pour the concrete. 

For the rest of his life, your nuts are gonna be in his house.

Booyah!  :headbang:
Would be a great idea.  Unfortunately, it's No Nut November. :sadbanana:

 
Pleasant conversation.  I spoke first, explained our position.  Neighbor agreed.  He will be giving us a check for $4K in the next week and we can then take care of planting the trees ourselves when it's a good time to plant them.  We will likely wait until the frame of his house is up so we can get a good idea of where to put them.

Thanks,

The Doormat

 
You ever had a neighbor that had a crab apple tree that hung over your yard???  Thats the ultimate FU tree.  Those things are awful.  Same guy has an apricot tree that hung over my roof.  Those were delicious though.  I never complained.  

...
I have another nomination for "ultimate FU tree". Chestnut. Yeah, I know acorns are all the rage here, but ...

From Chestnut Hill:

1) History:

The American chestnut was the most important food and timber trees species in the Eastern hardwood forest. It was almost completely destroyed by a bark fungus accidentally introduced from the Orient in 1904. Within 40 years, over 30 million acres of chestnut trees were killed from Maine to Georgia and west to the Mississippi. This tragedy was easily the worst ecological disaster in American history.
It would be really great to help rebuild the Chestnut population.

2) Usefulness:

The chestnut is the most useful tree in the world. ... Considering the importance of chestnuts as a high carbohydrate food source for thousands of years, and the beautiful, rot-resistant wood that is used from everything from vineyard stakes, fence posts to siding and bridge timbers, and was a major source of tannin for tanning leather, is there any tree that provides this range of uses and value?

Oaks, pines, and fruit trees each provide single uses for timber or food, and many have a larger total monetary value for the that use or crop than chestnuts. However, no tree species in history has offered such a wide range of uses or importance. It is little wonder that chestnuts have been grown by every major culture, and transported in conquests and explorations to every continent where it could be grown.
These babies are multitaskers to the max.

3) Profit potential:

Chestnuts can be a very profitable crop. They begin to bear in only 3-5 years, and by 10 years can produce as much as 10-20 lbs/tree. At maturity (15-20 years) they can produce as much as 50-100 lbs/tree or up to 2,000-3,000 lbs/acre each year. Trees planted in colder regions such as USDA zone 5, may bear between 5-7 years of age. Wholesale prices for large, high quality chestnuts are $3.00-5.00/lb, and higher for organically grown chestnuts. Retail prices range from $3-10.00/lb. This is a superior return to pecans, hazelnuts and many other tree crops!


4) Cost:

From: https://www.tytyga.com/American-Chestnut-p/nutche-american.htm

1-2ft tall [$16.75]
 2-3ft tall [$29.75]
 4-5ft tall [$59.75]
 5-6ft tall [$79.75]
 6-7ft tall [$99.75]
 7-8ft tall [$129.75]
 8-9ft tall [$159.75]
You can afford to plant an entire orchard around his property.

$3,000 / $159.75 = 18.78 trees

$1,000 = pay for planting/etc. or pocket.

5) Math:

In 3 years:

18 trees * 15 lb of nuts/tree-year (avg) = 270 lbs of nuts/year

In 15 years:

18 trees * 75 lb of nuts/tree-year (avg) = 1,350 lbs of nuts/year

6) Profit reality:

Chestnut burs - which will encase that 1/2 ton o' nuts you will be dropping along the perimeter of his property per year ... very soon.

Oh, ya can sell the nuts too.

gl

 
And, just wanted to thank a lot of you here for help with thoughts on this. I hope it was an entertaining thread, but I did get some good thoughts/feedback/perspective from some of you that helped guide me through this or at least helped confirm my thoughts and actions.

I feel pretty good about the resolution and can finally be done with it. Like some mentioned early on, most things aren't worth sweating over and this situation was taking up a good chunk of effort at times. I'm glad it's done and everyone can be "happy".

I'll try to have some surprise updates in the future to keep this going......

 
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Pleasant conversation.  I spoke first, explained our position.  Neighbor agreed.  He will be giving us a check for $4K in the next week and we can then take care of planting the trees ourselves when it's a good time to plant them.  We will likely wait until the frame of his house is up so we can get a good idea of where to put them.

Thanks,

The Doormat
Take some of that $4k to the local junk yard and buy some cars to put on blocks in the back yard right next to the property line.  That'll show him!

 
He is going to be living in this house.  It is not an investment.  This will be his home.
You'd be suprised how many times builders say this when it's not the case.

Pleasant conversation.  I spoke first, explained our position.  Neighbor agreed.  He will be giving us a check for $4K in the next week and we can then take care of planting the trees ourselves when it's a good time to plant them.
You'd be surprised how many times people say this and don't do it.

 
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