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gianmarco

Neighbor cut down our tree

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2 hours ago, Jayrok said:

I live in a quiet neighborhood where neighbors don't see much of each other and it's usually a hand wave.  I mean we're there for each other if/when something is needed.  I'd take the $20k.

I've lived in my current house for 16 years. If I had to guess I figure I have talked to the two set of neighbors of either side of my property a grand total combined of three hours (and that's probably over-estimating) - and that includes when new neighbors moved in on one side and asked to meet with us because a wood and wire structure my father-in-law had built to protect a garden from animals slightly crossed the property line.

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2 hours ago, beer 30 said:

And? :lmao:

You can't replace that size of tree unless you are Bill Gates. You could probably get a larger tree but I don't really know at what size it becomes really stupid money to transplant.

If you want to #### the guy over by all means have it but if ultimately you just want a tree back I'd look into it.

Instead of one tree of a certain caliper how about several of a smaller, but still substantial caliper.   Would your lot, your view, your privacy potentially be more enhanced, maybe by some additional variety as well?  Say he owes you 24 caliper inches of tree.  What if he put in one evergreen, of say an 8 inch caliper, not an insubstantial tree and one that can block views winter and summer to enhance privacy. he then puts in two of your favorite shade trees of 4 inch caliper where you can benefit the most at your discretion and direction.  then he puts in 4 flowering fruit trees of 2 inch caliper.  would that enhance your lot.  You would then have the same number of caliper inches you just had but maybe this saves him cost and actually enhances your property more.

 

Unless, of course, you don't have room, want, or need of so many trees. 

Edited by Ditkaless Wonders
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2 hours ago, Terminalxylem said:

But why do you need triple the damages, if you really just want the tree back? Are you trying to punish the guy/teach him a lesson?

 

The two main components of tort law are making the aggrieved party as whole as possible and attempting to prevent negligent or bad behavior.

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I'm stumped.  Lets get to the root of the problem here, but stick to the facts.  If you and your wife pine over this issue with one neighbor, I'll go out on a limb and say it might stop you from branching out to meet other neighbors.  I wood axe this neighbor to leave the rest of your trees alone.  I know, I'm a sap for tree puns.  These weren't that good, though, I should spruce them up a bit. 

I'm rooting for you!

Edited by matttyl
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2 hours ago, glvsav37 said:

we need a WOW emoji.

50k? was this tree a sacred redwood or something? 

It was a huge oak tree that was probably 75+ years old that provided shade to their entire back yard.  During the dispute, the neighbor who cut down the tree tried to argue that my friend owed him money - saying that his construction would have damaged the trees root system (on the neighbor's property) and killed the tree - thus by taking down the tree, he saved my buddy a lot of money.  That argument didn't work.

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1 hour ago, NutterButter said:

I'd like to personally thank @Terminalxylem for playing the contrarian role and keeping this thread entertaining.   

Contrarian role huh?  I just thought it was weird schtick, but ok.....

I'll agree with Fish, too.  You need to loop in a landscaper with experience dealing with huge trees.  An arborist is not the best to determine value.  It's good that you have this particular one in the mix, though.  I'd also get a landscaper involved if there's going to be tree replacement and/or monetary compensation.

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Have any photos been posted?

 

Seems to me a picture is worth 1000 posts here.  One glance at a few photos will tell me right away the value of the tree.  All this pontificating without seeing the actual before / after is nonsense

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3 hours ago, The Iguana said:

So, you aren't getting that tree back. So, what are your motivations? How much time and energy is this issue worth to you? 20K isn't something to sneeze at but making him pay isn't bringing the tree back. Are you worried that your house is now worth 20K less and thus you need your value restored? Or is it important for you to teach some lesson, make a point, get even, something else? 

You are the one that posted this and asked how you should proceed. You have gotten opinions from both extremes and in the middle - everything from "ingore it/let it go" to "sue him for 1 billion dollars!" as well as stuff in the middle. What YOU "should do" depends on what is important to you. There's all kinds of considerations here - what is the tree worth to you? how much does a future relationship with your neighbor matter? what satisfaction are you looking for here? 

There's no perfect "right answer" here. You have options on how to proceed. So, what is really important to you in this situation?

Really not understanding your responses in here.  If your neighbor mistakenly tore down your garage, would you be like, oh well, mistakes happen!  Sure, you don't have to be a #### to the guy, but it's a big deal to lose a tree on your property.  As many have mentioned, there are monetary consequences to that loss, not to mention the "emotional" ones the OP has expressed.  I know you can't get the tree back, but that is the worst reason I have ever heard for not pursuing something like this.  You can't get a dead kid back or a destroyed work of art back either but that doesn't mean you just say oh well, it's not worth upsetting a new neighbor. 

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My neighbors behind me cut down a couple of their trees that were close to the property line (but I'm near certain on their side).  I freaking hated it.  Now instead of trees, I get to look into their cluttered backyard and to the busy road beyond.  So I planted my own soon after.

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1 hour ago, Ditkaless Wonders said:

Instead of one tree of a certain caliper how about several of a smaller, but still substantial caliper.   Would your lot, your view, your privacy potentially be more enhanced, maybe by some additional variety as well?  Say he owes you 24 caliper inches of tree.  What if he put in one evergreen, of say an 8 inch caliper, not an insubstantial tree and one that can block views winter and summer to enhance privacy. he then puts in two of your favorite shade trees of 4 inch caliper where you can benefit the most at your discretion and direction.  then he puts in 4 flowering fruit trees of 2 inch caliper.  would that enhance your lot.  You would then have the same number of caliper inches you just had but maybe this saves him cost and actually enhances your property more.

 

Unless, of course, you don't have room, want, or need of so many trees. 

Certainly a reasonable approach.  Once I get the information in a bit of what we're dealing with, I'll be open to his idea of making this right.  If reasonable, then we can all be happy.

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24 minutes ago, spOOfy said:

Really not understanding your responses in here.  If your neighbor mistakenly tore down your garage, would you be like, oh well, mistakes happen!  Sure, you don't have to be a #### to the guy, but it's a big deal to lose a tree on your property.  As many have mentioned, there are monetary consequences to that loss, not to mention the "emotional" ones the OP has expressed.  I know you can't get the tree back, but that is the worst reason I have ever heard for not pursuing something like this.  You can't get a dead kid back or a destroyed work of art back either but that doesn't mean you just say oh well, it's not worth upsetting a new neighbor. 

In the OP, gian asked about how he should proceed. How he proceeds depends on what is important to him in all of this. I don't quite see a tree being in the same ballpark as a dead kid or a destroyed art work back but obviously some people value them at least on the artwork level. 

:shrug:

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23 hours ago, TheIronSheik said:

This will be the excuse I use when I kill someone with my car.  "Geez.  Get over it already.  It was a mistake."

The deer?

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i'm still pissed about the first ever bunch of bananas, that someone stole (gardeners), that my banana trees ever produced.  it made my daughter cry!!!  ####ers!!!!  currently have 2 bunches growing.  i watch them like a hawk.  i've considered throwing a tomato plant cage around them and electrifying it.  people suck

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Update:

Arborist came (actually 2 of them).  It is the same tree he remembers clearly discussing with the owner.  He showed me his notes where there is a big question mark as well.  He also measured it and it's definitely on our side.  The stump was already cut so we rolled the piece off onto my property so it will remain.  The tree was in excellent, healthy condition.

He also pointed out that the trunk has an X spray painted on it (which I didn't even notice at first) so this tree was marked for removal.  This was after he was advised by this guy that it may not be his tree. 

They will be getting me an appraisal on the amount but he also felt that this wasn't a mistake based on his conversation with the neighbor. 

Edited by gianmarco
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11 minutes ago, gianmarco said:

Update:

Arborist came (actually 2 of them).  It is the same tree he remembers clearly discussing with the owner.  He showed me his notes where there is a big question mark as well.  He also measured it and it's definitely on our side.  The stump was already cut so we rolled the piece off onto my property so it will remain.  The tree was in excellent, healthy condition.

He also pointed out that the trunk has an X spray painted on it (which I didn't even notice at first) so this tree was marked for removal.  This was after he was advised by this guy that it may not be his tree. 

They will be getting me an appraisal on the amount but he also felt that this wasn't a mistake based on his conversation with the neighbor. 

This may have been covered, but did your neighbor say why the tree needed to come down?

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Just now, nirad3 said:

This may have been covered, but did your neighbor say why the tree needed to come down?

His explanation that morning we met after the tree came down was that the tree produced a lot of acorns and that his plan was to put up some evergreens and new landscaping in that area. 

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i think probably the right play is that you go over there and challenge him to a duel old west style since missourei was once a part of the old west when it comes to trees there are two types of brohans the quick and dead take that to the bank bromigo

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3 minutes ago, gianmarco said:

His explanation that morning we met after the tree came down was that the tree produced a lot of acorns and that his plan was to put up some evergreens and new landscaping in that area. 

After he gets the bill, he's going to wish he was just dealing with acorns. Amirtie? :hifive:

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17 hours ago, Ranethe said:

You got badly taken advantage of.here. The cleanup was hardly sufficient.

Not really.  There is also no future cleanup of all those damn pine needles that come every year.  Pine trees suck.

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Acorns?  I thought the guy hadnt even moved in yet?  Acorns?

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20 minutes ago, gianmarco said:

His explanation that morning we met after the tree came down was that the tree produced a lot of acorns and that his plan was to put up some evergreens and new landscaping in that area. 

I thought it was a hickory tree

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2 minutes ago, belljr said:

I thought it was a hickory tree

They have nuts. 

 

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2 minutes ago, ChiefD said:

They have nuts. 

 

Sure but they aren't acorns ;)

 

MOAR LIES!@#!@#

Edited by belljr
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Just now, belljr said:

Sure but they aren't acorns ;)

Indeed.

The point is, and we can all agree at this point, that this dude doesn't know his nuts from a nut on the ground. You could argue, based on his actions, that he is actually nut-less.

So @gianmarco, just go kick him in the normal nut area and see what happens. 

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It's a shagbark hickory and I'm just saying what he gave as a reasoning.

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8 minutes ago, belljr said:

I thought it was a hickory tree

Yes, but the tree was using WhatsApp.  So it was able to drop acorns.

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We have shagbark hickory on our property. I believe the only produce fruit every two or three or years. It’s certainly not every year

Edited by BroncoFreak_2K3
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18 hours ago, Terminalxylem said:

I'm not trolling you. But in this situation, I'd give the neighbor the benefit of the doubt because:

1. It may have been an accident.

2. He quickly acknowledged the mistake.

3. He's trying to clarify the property borders, presumably to understand the magnitude of his mistake.

4. Cash wouldn't remediate the damages, at least not for me - I'd want the tree replaced, or nothing. But a single tree on a wooded acre lot isn't super important in my eyes regardless.

5. We haven't even heard his offer to fix the damage.

6. This interaction may shape their neighborly dynamic for years to come.

If I thought it was intentional, or a repeated pattern of behavior I'd definitely hold him accountable. Or the tree had sentimental value beyond the aesthetics and shade it provides. 

But the calls to "lawyer up" or start shopping for luxury cars are a bit much, imo. The former will surely make the situation more contentious, and I don't think a new Lexus will make things better either (see #4).

 

 

When I first read this, the only thing I could think of was if this line of rationale would work if the neighbor had slept with the OP's wife.  Substitute Wife for Tree.

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*Duplicate Post

Edited by Fat Nick

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At least there won't be acorny joke from this point onward.

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30 minutes ago, Gally said:

Not really.  There is also no future cleanup of all those damn pine needles that come every year.  Pine trees suck.

Disagree. He told the guy he didn’t want trees down, guy did it anyways. Wasn’t his decision to make about trees on someone else’s property.

Some people think far differently than you regarding pine trees. We’ve planted close to 20 of varying sizes on our property, we love them.

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10 minutes ago, Ranethe said:

Disagree. He told the guy he didn’t want trees down, guy did it anyways. Wasn’t his decision to make about trees on someone else’s property.

Some people think far differently than you regarding pine trees. We’ve planted close to 20 of varying sizes on our property, we love them.

Bro, start your own thread about your stupid pine trees.  This is serious business.  

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At first I was like whatever, but I’m not a tree guy.

You stated the tree was important to you when you purchased the property.

the guy is high up in a construction company.  He knows exactly what he’s doing. 

he cut down a monster tree that can’t be replaced on purpose.  

Get info on what the law states the value is and tell him you’ll take 10% less to avoid lawyers getting involved and sucking money out of both of you.

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Is this guy going to live in the house or is this a flip situation? 

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1 minute ago, ILUVBEER99 said:

At first I was like whatever, but I’m not a tree guy.

You stated the tree was important to you when you purchased the property.

the guy is high up in a construction company.  He knows exactly what he’s doing. 

he cut down a monster tree that can’t be replaced on purpose.  

Get info on what the law states the value is and tell him you’ll take 10% less to avoid lawyers getting involved and sucking money out of both of you.

In some states it is not just triple damages, but also attorney's fees that trespasser who cut down the tree pays.  So, lawyer will not necessarily be sucking money out of gianmarco (but depends on state).

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1 minute ago, Kraft... said:

Is this guy going to live in the house or is this a flip situation? 

He's going to live there as far as I know.

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10 minutes ago, culdeus said:

Bro, start your own thread about your stupid pine trees.  This is serious business.  

What are you talking about? Humor going over my head?

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14 minutes ago, Ranethe said:

Disagree. He told the guy he didn’t want trees down, guy did it anyways. Wasn’t his decision to make about trees on someone else’s property.

Some people think far differently than you regarding pine trees. We’ve planted close to 20 of varying sizes on our property, we love them.

The whole situation was weird. The guy cut down four of my trees. But it didn’t make a dent. There’s still a ton of them on the property line. Just all on my side. It didn’t really accomplish all that much for him. He was tired of pine needles and pine cones being all over his driveway and sap getting on his vehicles. Maybe the volume dropped by a third. 

There were so many trees that you wouldn’t know any are missing. They’ve been there for 50 years and are at the point that they are more of a pain than a benefit. They aren’t great for the soil and the yard, so to me it isn’t a big deal that a few are gone. It did get a little more sun on my yard and the grass has grown in much better. Again, to me, not a huge issue. Basically fell in the WHATEVER category. I have better things to do then getting into a court battle over a few trees. Other people may have situations where they lost a great tree that they really liked. But that wasn’t the case for me. 

What my neighbor really wanted was to cut down ALL of the pine trees on the property line to completely open things up.  Since 3/4 of them were mine, he apparently thought I would jump at the chance of removing them and paying for it. The net result was a bit of a waste. 

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1 hour ago, gianmarco said:

Update:

Arborist came (actually 2 of them).  It is the same tree he remembers clearly discussing with the owner.  He showed me his notes where there is a big question mark as well.  He also measured it and it's definitely on our side.  The stump was already cut so we rolled the piece off onto my property so it will remain.  The tree was in excellent, healthy condition.

He also pointed out that the trunk has an X spray painted on it (which I didn't even notice at first) so this tree was marked for removal.  This was after he was advised by this guy that it may not be his tree. 

They will be getting me an appraisal on the amount but he also felt that this wasn't a mistake based on his conversation with the neighbor. 

After I got done reading this update, I literally heard the “Law & Order” chime.

https://youtu.be/gP3MuUTmXNk

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@gianmarco - if I were you, I would go to the city you live in and see if you can get the building plan he filed when pulling permits. That way you can see where his encroachment is going to be when he builds his house.

You can also see what collateral damage you may get if he has foundation walls on that side of your house They will be moving a ton of dirt, and there will be bulldozers and all kinds of bobcats and crap rolling around over there. 

Not to mention potential piles of dirt and rock.

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1 minute ago, Anarchy99 said:

The whole situation was weird. The guy cut down four of my trees. But it didn’t make a dent. There’s still a ton of them on the property line. Just all on my side. It didn’t really accomplish all that much for him. He was tired of pine needles and pine cones being all over his driveway and sap getting on his vehicles. Maybe the volume dropped by a third. 

There were so many trees that you wouldn’t know any are missing. They’ve been there for 50 years and are at the point that they are more of a pain than a benefit. They aren’t great for the soil and the yard, so to me it isn’t a big deal that a few are gone. It did get a little more sun on my yard and the grass has grown in much better. Again, to me, not a huge issue. Basically fell in the WHATEVER category. I have better things to do then getting into a court battle over a few trees. Other people may have situations where they lost a great tree that they really liked. But that wasn’t the case for me. 

What my neighbor really wanted was to cut down ALL of the pine trees on the property line to completely open things up.  Since 3/4 of them were mine, he apparently thought I would jump at the chance of removing them and paying for it. The net result was a bit of a waste. 

Gotcha. Your business of course. If you’re fine with it, I get it. Just seemed odd that the guy cleaning up the mess he created cutting down your trees was considered some kind of compensation. I just have a hard time understanding why somebody would feel entitled to alter somebody else’s property without their permission. For me, even if it was a“Whatever” situation, i’d have a real hard time with someone like that just on principle.

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HICKORY DICKORY DOCK!

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I’ve lived next to really good neighbors and really bad neighbors. I can say without hesitation that living next to people I have no animosity with is worth well over $20k. I can’t imagine coming home and being stressed (or however you want to describe your feeling) over a neighbor dispute. In my opinion, you get this settled as quick and painlessly as possible. Plant a new tree, or three, in the area. Don’t let this linger. 

Good luck

Edited by avoiding injuries
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