What's new
Fantasy Football - Footballguys Forums

Welcome to Our Forums. Once you've registered and logged in, you're primed to talk football, among other topics, with the sharpest and most experienced fantasy players on the internet.

Neighbor cut down our tree (5 Viewers)

gianmarco said:
Did not discuss any potential compensation yet.  He wanted to get a survey to see where the tree lies which I completely agree with.  I didn't say I'm putting the screws to him at all.  I simply said I was trying to read about our area and what happens if someone takes down a tree of yours and that's what I read. 

At the same time, I get being apologetic, but you also have to be responsible.  As a new neighbor, just coming in and taking down trees before we even got a chance to meet up as we discussed isn't the best way to start on his end.  And we're not talking about a small tree here.  You can't just replace a 50 ft tree.

I haven't done anything with him yet or asked for anything.  That's why I'm starting here to get some ideas.  I was pretty calm talking to him this morning, listened to him, and said to let me know what he finds out with the survey and then we can talk.  Not sure how else I could have handled it at this point. :shrug:
Click to expand...
Says who?  Make the ####### go out and buy you a NEW 50 ft. tree.  

 
Bucky86 said:
If he works in construction I'd make it give you a free bathroom remodel or something. Pretty lame as money can't really replace 50 years of tree growth. There was something similar in Denver recently where construction next door dug up a bunch of tree roots and killed the tree. 
Click to expand...
There is zero chance I would have a contractor do “free” work in my house as payment for something else. He would have no motivation to do it properly or in a reasonable timeframe at all.

 
My two cents - 

I agree with some that the neighbor is playing "dumb," and likely felt it would be easier to apologize and displace blame than it would be to talk to you about it.  You don't cut down something that's been there for 50+ years, that you can't replace, and that you might not even have a right to cut down without talking to the neighbor FIRST.  If you weren't home, he should have either waited or tried to contact you via other means.  That's not something you act hastily on.  Anyone saying the OP should value the future relationship of the neighbor is overlooking that the neighbor is the one who got off on the wrong foot here.  You don't do that as a good neighbor.  

If this were determined to be on your property, and you wanted to push the issue, it could EASILY be a 5-figure payout owed to you.  Tree costs are nutso - and in this case, there's no way he can replace it with a tree of equal size/age.  Physically impossible.  So that means the cost owed to you would be even higher.  That's not even considering non-tree costs such as damage to your perceived resale, etc.  

I don't understand why he had to cut it down right that instant.  He should have talked to you first, no exceptions.  If it were me, I'd be livid - I would not be able to just "get over it."  I'm a tree guy - I appreciate the value trees add to real estate and have planted a ton of trees on our property.  It's painful to watch them grow so slowly and I'd love to have more mature trees.  I can't imagine how mad I'd be if someone cut one of my trees down, even if it is by accident.  You don't do things that aren't reversible without fully understanding what's going on.  

 
Fat Nick said:
My two cents - 

I agree with some that the neighbor is playing "dumb," and likely felt it would be easier to apologize and displace blame than it would be to talk to you about it.  You don't cut down something that's been there for 50+ years, that you can't replace, and that you might not even have a right to cut down without talking to the neighbor FIRST.  If you weren't home, he should have either waited or tried to contact you via other means.  That's not something you act hastily on.  Anyone saying the OP should value the future relationship of the neighbor is overlooking that the neighbor is the one who got off on the wrong foot here.  You don't do that as a good neighbor.  

If this were determined to be on your property, and you wanted to push the issue, it could EASILY be a 5-figure payout owed to you.  Tree costs are nutso - and in this case, there's no way he can replace it with a tree of equal size/age.  Physically impossible.  So that means the cost owed to you would be even higher.  That's not even considering non-tree costs such as damage to your perceived resale, etc.  

I don't understand why he had to cut it down right that instant.  He should have talked to you first, no exceptions.  If it were me, I'd be livid - I would not be able to just "get over it."  I'm a tree guy - I appreciate the value trees add to real estate and have planted a ton of trees on our property.  It's painful to watch them grow so slowly and I'd love to have more mature trees.  I can't imagine how mad I'd be if someone cut one of my trees down, even if it is by accident.  You don't do things that aren't reversible without fully understanding what's going on.  
Click to expand...
Thank you.  Saved me some typing.  Lawyer up.  Neighbors suck.

 
tri-man 47 said:
This was by the NW corner of your house, correct?  He's tearing down the semi-ranch house next door with the unkempt lawn?  (Strava-based research and Google Map views, my friend.)

Being a tree on the north side of your property, you're not losing the shade, which is a good thing.  If you can move beyond the shock effect here, I'd stay strong on the point that he messed up ...but hold that thought for now.  As he gets into construction of a larger, new place, I expect you'll have other battles coming related to the construction.  Even if things go fine, you might want to use this chip (no pun intended) to bargain for some evergreens to better separate your property and view from whatever monstrosity he'll be putting in rather than a single new tree.  I.e., you've got an edge on him here, if the error is verified, so slow-play it and see how construction goes.  Strike one against him.  Spring would be a better time to replant anyway, I'd imagine.  
Click to expand...
thanks, mcnulty

 
gianmarco said:
Did not discuss any potential compensation yet.  He wanted to get a survey to see where the tree lies which I completely agree with.  I didn't say I'm putting the screws to him at all.  I simply said I was trying to read about our area and what happens if someone takes down a tree of yours and that's what I read. 

At the same time, I get being apologetic, but you also have to be responsible.  As a new neighbor, just coming in and taking down trees before we even got a chance to meet up as we discussed isn't the best way to start on his end.  And we're not talking about a small tree here.  You can't just replace a 50 ft tree.

I haven't done anything with him yet or asked for anything.  That's why I'm starting here to get some ideas.  I was pretty calm talking to him this morning, listened to him, and said to let me know what he finds out with the survey and then we can talk.  Not sure how else I could have handled it at this point. :shrug:
Click to expand...
All depends on your state's laws, but it's timber trespass if it was on your property (and may also be trespass, negligence, and a few other potential claims).  Once you establish where the tree was located relative to the property line, if you need to establish a value contact a landscaping company and find out how much it would cost to replace the tree (it's pretty pricey to relocate and plant a mature tree, but it gets done all the time).   Under some state laws, not only are you entitled to 3x the value of the tree and attorney's fees, but in some cases you can recover for additional damages as well.   

If the tree was straddling the property line, that generally makes you tenants in common and depending on your state's laws may not trigger a timber trespass statute.  Instead you'd be looking at claims for trespass, negligence and waste.  As with all legal issues, you need to understand the laws of your jurisdiction and should seek local counsel if you want actual legal advice.

As a practical matter, I'd see what happens with the survey and see what the neighbor wants to do to make it right.   If he's reasonable, work with him, but it doesn't hurt to know what you'd be entitled to if things go sideways.

 
-fish- said:
All depends on your state's laws, but it's timber trespass if it was on your property (and may also be trespass, negligence, and a few other potential claims).  Once you establish where the tree was located relative to the property line, if you need to establish a value contact a landscaping company and find out how much it would cost to replace the tree (it's pretty pricey to relocate and plant a mature tree, but it gets done all the time).   Under some state laws, not only are you entitled to 3x the value of the tree and attorney's fees, but in some cases you can recover for additional damages as well.   

If the tree was straddling the property line, that generally makes you tenants in common and depending on your state's laws may not trigger a timber trespass statute.  Instead you'd be looking at claims for trespass, negligence and waste.  As with all legal issues, you need to understand the laws of your jurisdiction and should seek local counsel if you want actual legal advice.

As a practical matter, I'd see what happens with the survey and see what the neighbor wants to do to make it right.   If he's reasonable, work with him, but it doesn't hurt to know what you'd be entitled to if things go sideways.
Click to expand...
This is where I am now.

FWIW, our survey shows the property line at 23'4" from our house. The stump begins 21'10" from our house.  90% of it was on our side from what I can see.

 
TheIronSheik said:
Am I the only one who thinks the neighbor is full of crap about telling the tree guys not to cut that down?  I'm guessing he thought it would be easier to claim it was an accident then go through the hassle of having to deal with if it could or could not be cut down.  
Click to expand...
Maybe, but who cares? Probably no way to know for sure.

 
gianmarco said:
That tree was the one he wanted to discuss with me as he knew it was likely on the property line which makes it both of ours. 
Click to expand...
To me this is the key line in neighbors deception. 

Why would this huge tree 20’ from his neighbors house even need to be discussed? Shouldn’t interfere with his home construction and provides privacy both ways. 
 

Even a total dunce worker with a chainsaw has to be questioning the decision to take down a glorious tree like that without asking 5x. 
 

To people saying “No big deal; let it go.” Wth are you smoking? I love the property I have now but I STILL miss the 135 year-old oak trees I had at my last property towering over the house, and it’s been 12 years. 

 
I was a claims adjuster in a past life and actually handled a claim where one of our tree companies did something similar.  They cut down 30-40 little saplings clearing out some land and they spilled over onto the wrong lot.  

The guy that owned the lot contacted an arborist.  This guy put a value on each and every little sapling.  Guy came up with a number of like $2500 per sapling.  I think we ended up writing him a $25k check. 

Contact an arborist and show him the stump.  He'll put a value on it and you can go from there.  I'd be pissed too.  These guys know better.   I haven't read the entire post yet, but sounds like this guy knew he needed to talk to you about it and then just said screw it and did it anyways.   You could really push this issue and get some cash out.  

 
ChiefD said:
For those of you saying, well, it's just a tree... come on.

A 50 year old tree is no joke. I'd be pissed as hell if my neighbor accidentally cut down my 50 foot oak tree that has been there since 1967.
Click to expand...
If I just bought the property and had no special attachment to the tree (not certain it’s even on his land), I’d forget about it. Sounds like there are other trees in the the forest.

 
From his actions so far, I'm guessing this guy is playing nice because that's his entire plan.  He gets what he wants by taking advantage of your kindness.  Is being friends with neighbors that important?  Our last house we were very friendly with neighbors on one side and never spoke with the neighbors on the other side.  Didn't affect us one bit.  I wouldn't be a jerk to the guy, but I'd be really nice as I explained to him that my lawyer would be in contact with him.

 
Fat Nick said:
My two cents - 

I agree with some that the neighbor is playing "dumb," and likely felt it would be easier to apologize and displace blame than it would be to talk to you about it.  You don't cut down something that's been there for 50+ years, that you can't replace, and that you might not even have a right to cut down without talking to the neighbor FIRST.  If you weren't home, he should have either waited or tried to contact you via other means.  That's not something you act hastily on.  Anyone saying the OP should value the future relationship of the neighbor is overlooking that the neighbor is the one who got off on the wrong foot here.  You don't do that as a good neighbor.  

If this were determined to be on your property, and you wanted to push the issue, it could EASILY be a 5-figure payout owed to you.  Tree costs are nutso - and in this case, there's no way he can replace it with a tree of equal size/age.  Physically impossible.  So that means the cost owed to you would be even higher.  That's not even considering non-tree costs such as damage to your perceived resale, etc.  

I don't understand why he had to cut it down right that instant.  He should have talked to you first, no exceptions.  If it were me, I'd be livid - I would not be able to just "get over it."  I'm a tree guy - I appreciate the value trees add to real estate and have planted a ton of trees on our property.  It's painful to watch them grow so slowly and I'd love to have more mature trees.  I can't imagine how mad I'd be if someone cut one of my trees down, even if it is by accident.  You don't do things that aren't reversible without fully understanding what's going on.  
Click to expand...
this.

 
Fat Nick said:
My two cents - 

I agree with some that the neighbor is playing "dumb," and likely felt it would be easier to apologize and displace blame than it would be to talk to you about it.  You don't cut down something that's been there for 50+ years, that you can't replace, and that you might not even have a right to cut down without talking to the neighbor FIRST.  If you weren't home, he should have either waited or tried to contact you via other means.  That's not something you act hastily on.  Anyone saying the OP should value the future relationship of the neighbor is overlooking that the neighbor is the one who got off on the wrong foot here.  You don't do that as a good neighbor.  

If this were determined to be on your property, and you wanted to push the issue, it could EASILY be a 5-figure payout owed to you.  Tree costs are nutso - and in this case, there's no way he can replace it with a tree of equal size/age.  Physically impossible.  So that means the cost owed to you would be even higher.  That's not even considering non-tree costs such as damage to your perceived resale, etc.  

I don't understand why he had to cut it down right that instant.  He should have talked to you first, no exceptions.  If it were me, I'd be livid - I would not be able to just "get over it."  I'm a tree guy - I appreciate the value trees add to real estate and have planted a ton of trees on our property.  It's painful to watch them grow so slowly and I'd love to have more mature trees.  I can't imagine how mad I'd be if someone cut one of my trees down, even if it is by accident.  You don't do things that aren't reversible without fully understanding what's going on.  
Click to expand...
He probably had the tree stuff scheduled in advance, hence trying to get a hold of the OP when he was unfortunately on vacation.  Yes the neighbor is the one starting things off on the wrong foot, but the question is, are you going to escalate this or are you going to be the bigger person and find some common ground.  It could have been a miscommunication between the neighbor and the tree company.  It is absolutely true that there is no way to replace the tree, so you'll get some money, that won't bring the tree back, it won't make you less upset that the tree got cut down.  All it is really going to do is further sour a potential relationship with your new neighbor.  If it were something that a monetary award would reasonably give you the ability to replace what you loss I'd probably feel differently.  In this case I'm not seeing how it is going to help anything.  This is also all before the neighbor as had to chance to offer any compensation at all.

 
gianmarco said:
1)  A good bit, honestly.

2)  No idea

3)  I think that's very reasonable.  Just not sure what kind of comparable tree can accomplish that but certainly open to it.
Click to expand...
if its that important, they can replace the tree.   it will cost him thousands but you can transplant a mature hickory tree right back into that spot.

me-   i hate trees and love to cut them them down so i'd probably have the guy buy me a professional smoker for the back porch then have him cut all the hickory into firewood and stack it in your back yard.  Probably get 4-6 cords out of it, enough to cook every day for years.  

 
Arborist is the way to go. If you have a city/county environmental office they probably have one on staff or can get you in touch with one.

 
Lots of people significantly undervaluing a tree ITT (which is why I am sure the neighbor would try and make things right by giving $1000 or whatever). You can probably buy a nice mid-tier luxury car from the payout, we are not talking $200. If all the people saying "who cares" want to leave that money on the table, go ahead. 

 
Foosball God said:
He probably had the tree stuff scheduled in advance, hence trying to get a hold of the OP when he was unfortunately on vacation.  Yes the neighbor is the one starting things off on the wrong foot, but the question is, are you going to escalate this or are you going to be the bigger person and find some common ground.  It could have been a miscommunication between the neighbor and the tree company.  It is absolutely true that there is no way to replace the tree, so you'll get some money, that won't bring the tree back, it won't make you less upset that the tree got cut down.  All it is really going to do is further sour a potential relationship with your new neighbor.  If it were something that a monetary award would reasonably give you the ability to replace what you loss I'd probably feel differently.  In this case I'm not seeing how it is going to help anything.  This is also all before the neighbor as had to chance to offer any compensation at all.
Click to expand...
:goodposting: Unless there is a realistic way to replace it with a comparable tree, not a battle worth fighting.

 
Fat Nick said:
My two cents - 

I agree with some that the neighbor is playing "dumb," and likely felt it would be easier to apologize and displace blame than it would be to talk to you about it.  You don't cut down something that's been there for 50+ years, that you can't replace, and that you might not even have a right to cut down without talking to the neighbor FIRST.  If you weren't home, he should have either waited or tried to contact you via other means.  That's not something you act hastily on.  Anyone saying the OP should value the future relationship of the neighbor is overlooking that the neighbor is the one who got off on the wrong foot here.  You don't do that as a good neighbor.  

If this were determined to be on your property, and you wanted to push the issue, it could EASILY be a 5-figure payout owed to you.  Tree costs are nutso - and in this case, there's no way he can replace it with a tree of equal size/age.  Physically impossible.  So that means the cost owed to you would be even higher.  That's not even considering non-tree costs such as damage to your perceived resale, etc.  

I don't understand why he had to cut it down right that instant.  He should have talked to you first, no exceptions.  If it were me, I'd be livid - I would not be able to just "get over it."  I'm a tree guy - I appreciate the value trees add to real estate and have planted a ton of trees on our property.  It's painful to watch them grow so slowly and I'd love to have more mature trees.  I can't imagine how mad I'd be if someone cut one of my trees down, even if it is by accident.  You don't do things that aren't reversible without fully understanding what's going on.  
Click to expand...
True.  I believe it was none other that Mister Carl Weathers who once proclaimed "It's better to ask for forgiveness than beg for permission, Baby". 

 
don't go to an arborist for a cost estimate.  go to a landscaping company that replaces mature trees.  

 
Foosball God said:
He probably had the tree stuff scheduled in advance, hence trying to get a hold of the OP when he was unfortunately on vacation.  Yes the neighbor is the one starting things off on the wrong foot, but the question is, are you going to escalate this or are you going to be the bigger person and find some common ground.  It could have been a miscommunication between the neighbor and the tree company.  It is absolutely true that there is no way to replace the tree, so you'll get some money, that won't bring the tree back, it won't make you less upset that the tree got cut down.  All it is really going to do is further sour a potential relationship with your new neighbor.  If it were something that a monetary award would reasonably give you the ability to replace what you loss I'd probably feel differently.  In this case I'm not seeing how it is going to help anything.  This is also all before the neighbor as had to chance to offer any compensation at all.
Click to expand...
I'd rather have money and a neighbor who I don't have to talk to.  I mean, that's win-win-win for me.

 
huthut said:
Lots of people significantly undervaluing a tree ITT (which is why I am sure the neighbor would try and make things right by giving $1000 or whatever). You can probably buy a nice mid-tier luxury car from the payout, we are not talking $200. If all the people saying "who cares" want to leave that money on the table, go ahead. 
Click to expand...
Maybe he should wait to see what the neighbor offers before escalating the situation? And as others have said, the cash isn’t likely to replace the tree’s true value.

Anything short of replanting a comparable tree isn’t worth the effort and impact on neighborly relations, imo.

 
Maybe if you get sentimental about the tree, you can strike a cord with your neighbor. 
 

(been dealing with flat tire woes all morning so my pun is late)

 
Terminalxylem said:
Maybe he should wait to see what the neighbor offers before escalating the situation? And as others have said, the cash isn’t likely to replace the tree’s true value.

Anything short of replanting a comparable tree isn’t worth the effort and impact on neighborly relations, imo.
Click to expand...
Or, don't wait and then say the lawyers went ahead without your say.  You told them to sue other people, not him.  Tell him your sorry.  Hopefully he won't escalate things and become a jerk just because your lawyer messed up.  I mean, for the good of the neighborhood friendship.

 
From wiki 

Studies have shown that trees contribute as much as 27% of the appraised land value in certain markets and cite the following table[49]which can be extrapolated with care.

Basic tree values (varies by region)[50]

diameter
(inches)value
(1985 US$)

10$1,729

14$3,388

18$5,588

26$11,682

30$15,554

 
Dan Lambskin said:
From wiki 

Studies have shown that trees contribute as much as 27% of the appraised land value in certain markets and cite the following table[49]which can be extrapolated with care.

Basic tree values (varies by region)[50]

diameter
(inches)value
(1985 US$)

10$1,729

14$3,388

18$5,588

26$11,682

30$15,554
Click to expand...
Yeah, this is what I'm finding out too.

The largest tree I've been able to find in the area is a 6" caliper American Beech Tree.  The diameter of that, to compare, is about 2 inches (vs. 20 inches of what was just cut down).  That tree is ~15' in height.  The cost of that tree is ~$2,000 and would cost another $1000 to plant.  That's just a fraction of the size of the tree that was lost.

Going by the above I quoted, at 3x the damages, we're talking between $20-30K in damages. 

I found this which puts the value at $7,200 (60%, then 80% of $15,000).  We're talking almost $22K at that point.

I'm all for being neighborly, but there's a reason for these values. 

 
Last edited by a moderator:
Johnny Rock said:
To me this is the key line in neighbors deception. 

Why would this huge tree 20’ from his neighbors house even need to be discussed? Shouldn’t interfere with his home construction and provides privacy both ways. 
 

Even a total dunce worker with a chainsaw has to be questioning the decision to take down a glorious tree like that without asking 5x. 
 

To people saying “No big deal; let it go.” Wth are you smoking? I love the property I have now but I STILL miss the 135 year-old oak trees I had at my last property towering over the house, and it’s been 12 years. 
Click to expand...
I have a bunch you can come take.   They suck

 
greedygoat said:
I'd be super pissed, but I'm also an irrational **** most of the time.
Click to expand...
Me too. Totally don’t get the “just a tree” people OR the “neighbor relations” people.  Landscaping, including trees, is a significant part of a properties value. People go to expensive lengths for that. My wife and I have invested thousands of dollars and dozens of hours of labor planting trees on our property. 

The onus was on the new neighbor. I would absolutely want fair compensation.

 
Last edited by a moderator:
TheIronSheik said:
Or, don't wait and then say the lawyers went ahead without your say.  You told them to sue other people, not him.  Tell him your sorry.  Hopefully he won't escalate things and become a jerk just because your lawyer messed up.  I mean, for the good of the neighborhood friendship.
Click to expand...
Right. This is all a competition to see who can be the bigger #####. Get him!

 
You must log in or register to reply here.

Similar threads

parasaurolophus
Kid bullying my daughter.
2
Replies
57
Views
1K
Mrs. Rannous
Mrs. Rannous
Hot Sauce Guy
Popular Songs With Terrible Lyrics
2 3
Replies
102
Views
2K
Hot Sauce Guy
Hot Sauce Guy
Nick Vermeil
DST, No not Defense and Speacial Team, Delaware Statutory Trust
Replies
0
Views
93
Nick Vermeil
Nick Vermeil

Users who are viewing this thread

Total: 6 (members: 0, guests: 6)
Top