Neighbor cleared some of my trees

[kmac30 416]

In September we moved into a new house. Same week, neighbors moved in. A couple weeks ago they had a guy out clearing their property. I went over and spoke with the guy, letting him know he was really close to property line and I didn’t want my trees cut down. He assured me they weren’t getting that close. A week later I had the property staked out and sure enough, they took out a slice on my side. It’s a curved section maybe 15-20 ft long and 5-6 feet at the deepest spot. There were a few mature trees (oak/pine) and brush. I went over the day it was staked and took pictures. Wife who lives there came out to talk. She tried to tell me it was full of junk and they were just cleaning it out (it wasn’t). Told me she didn’t realize they needed to survey before and “oops, sorry”.

 

Husband was out of town and has now been back a few days. I thought he might come over and talk, but that’s probably not going to happen.

 

Should I just let this go and know that everyone now sees the lines? Should I go knock on his door and say WTF? I’m assuming we’re going to be neighbors for a while and I’d like to not be enemies. At the same time, they cut trees down on my property and that’s not ok.

 

[Upgrayedd 5814]

If memory serves me correctly, I believe you now have prima nocta rights on neighbor’s wife.  After the stern letter of course.

[Post Oak 20245]

Fuck em. They owe you for new trees.  

[deadshank 24653]

You need to set a deer blind and hunt that clearing. 

[kmac30 416]

If memory serves me correctly, I believe you now have prima nocta rights on neighbor’s wife.  After the stern letter of course.

Not a 10

[NeverMarryAStripper 21907]

Calculate the value of the trees.  Here's link.

https://8billiontrees.com/trees/tree-value-calculator/

Then, send him a registered letter demanding payment for the value of the trees.   If the value of the trees is less than or equal to $20K you can file in small claims court when he doesn't pay up.

[Post Oak 20245]

45 minutes ago, kmac30 said:

 

In September we moved into a new house. Same week, neighbors moved in. A couple weeks ago they had a guy out clearing their property. I went over and spoke with the guy, letting him know he was really close to property line and I didn’t want my trees cut down. He assured me they weren’t getting that close. A week later I had the property staked out and sure enough, they took out a slice on my side. It’s a curved section maybe 15-20 ft long and 5-6 feet at the deepest spot. There were a few mature trees (oak/pine) and brush. I went over the day it was staked and took pictures. Wife who lives there came out to talk. She tried to tell me it was full of junk and they were just cleaning it out (it wasn’t). Told me she didn’t realize they needed to survey before and “oops, sorry”.

 

Husband was out of town and has now been back a few days. I thought he might come over and talk, but that’s probably not going to happen.

 

Should I just let this go and know that everyone now sees the lines? Should I go knock on his door and say WTF? I’m assuming we’re going to be neighbors for a while and I’d like to not be enemies. At the same time, they cut trees down on my property and that’s not ok.

 

 

Tell them to buy you new trees.  Whatever gallon size work for you and put it past you.  

You can't let this shit slide.  If you do you'll hate yourself everytime you think of it.

 

 

Edited December 12, 2023 by Post Oak

[kmac30 416]

Tell them to buy you new trees.  Whatever gallon size work for you and put it past you.  
You can't let this shit slide.  If you do you'll hate yourself everytime you think of it.
 
 

This is what I was looking for. This is what I want to do. I don’t want to get into a big deal and I think this can be pretty simple fix.

[Guest]

I completely understand the frustration, and I'd imagine the law is on your side. It sucks, you were wronged.

But what's going to really come of it? Sounds like in the scheme of your properties, it's a pretty small section. At best, you get the trees replaced, feel like you got a fair deal, but now you start things off on the wrong foot with the neighbor (who admittedly started it off wrong in the first place). At worst, he gets pissed off, doesn't do anything, and then you get pissed off because he won't do anything and then have to decide to escalate it or let it go.

Maybe you could go talk to him about it and get a vibe? If he seems like the sort that would admit to an honest mistake and make it right, ask for the trees. If he seems like a sovereign citizen type, use the newly staked property line to install a fence.

 

[That Guy 959]

Burn his fucking house down. 

[Da Fino 2783]

If he had cut back anything over his property would that have been legal? Would that have killed the trees? Asking for myself as well because I would like to kill a tree that is based on my neighbor's property but ruins my pool enjoyment. 

[bernorange 8362]

You definitely need to get some letterhead designed with a Lorax faced dickbutt so that they know you mean business.  I mean, cutting down your primary resume picture posing tree crosses the line.

[Deej 76830]

15 minutes ago, That Guy said:

Burn his fucking house down. 

"Tear your own fence down." - Akita41

[UT_OB1 2224]

1 hour ago, NeverMarryAStripper said:

Calculate the value of the trees.  Here's link.

https://8billiontrees.com/trees/tree-value-calculator/

Then, send him a registered letter demanding payment for the value of the trees.   If the value of the trees is less than or equal to $20K you can file in small claims court when he doesn't pay up.

Where do I actually find people to sell these trees to?   

[HouTex 1878]

36 minutes ago, Da Fino said:

If he had cut back anything over his property would that have been legal? Would that have killed the trees? Asking for myself as well because I would like to kill a tree that is based on my neighbor's property but ruins my pool enjoyment. 

Yes, you can cut tree limbs that encroach over your property line.  I had that issue several years ago when I built a pool.  I didn’t want the extra leaves falling into the pool.  I talked to the neighbor first and, as luck would have it, he said he had been considering taking the tree out completely.  I chipped in on the cost and it was win/win.  I would talk to your neighbor first.  Assuming he likes the tree, there’s a better way to trim it vs just cutting the branches at the property line, but you probably have to access the tree from his property.  

[Da Fino 2783]

25 minutes ago, HouTex said:

Yes, you can cut tree limbs that encroach over your property line.  I had that issue several years ago when I built a pool.  I didn’t want the extra leaves falling into the pool.  I talked to the neighbor first and, as luck would have it, he said he had been considering taking the tree out completely.  I chipped in on the cost and it was win/win.  I would talk to your neighbor first.  Assuming he likes the tree, there’s a better way to trim it vs just cutting the branches at the property line, but you probably have to access the tree from his property.  

I tried talking to him. I tried having it done on my dime after he or his arborist sat around all summer. I even tried having a handyman play dumb and get as much done before they came out yelling at him. I'm trying to be a good neighbor but this idiot is in love with his fucking tree. 

[RPM 26322]

Tree settlement should pay for a decent new fence. You're going to need a decent new fence.

[MonkeyDoughnut 10301]

Hard to tell from the pictures where the trunks are, but you can trim back a tree up to the property line. If they took out trees definitely yours I'd just do as above mentions to have whatever gallon size replanted in their place, moving them more on your side to accommodate canopy growth so they don't go legally trimming them (but damaging them) later.

Myself, I don't know that this is how I'd "meet the neighbor" though. Might feel them out first. Seems like they at least were trying to clean up their property getting a tree guy out there.

[hookemATL 11759]

Set up a memorial for the lost trees right on the fenceline with bright spotlights running 24/7 as well as a looping audio of Boyz II Men’s “It’s so hard to say goodbye (to yesterday)” played at 100 decibels. If they whine about it, tell them everyone processes grief differently and you were emotionally attached to those trees. 

[CHAD BRISCOE 371]

Tell Him u are a religen that believe Tree’s are alive and then u must sacrafice his children to make it up to the Tree’s God’s or jasen Aldean is going to rape him

Edited December 12, 2023 by CHAD BRISCOE

[RPM 26322]

You could build an O Scale model railroad to patrol the fence with video and whatever else you could strap on.

 

[HouTex 1878]

1 hour ago, Da Fino said:

I tried talking to him. I tried having it done on my dime after he or his arborist sat around all summer. I even tried having a handyman play dumb and get as much done before they came out yelling at him. I'm trying to be a good neighbor but this idiot is in love with his fucking tree. 

Well, you tried doing it the right way.  I would just cut it at your property line.  Be careful not to trespass over his property line.  His tree would look a lot better it it was trimmed properly.  Basically, you’ll be topping it along your property line.  

[Deej 76830]

23 minutes ago, RPM said:

and whatever else you could strap on.

[ROFL BOX 6649]

Tell them to buy you new trees.  Whatever gallon size work for you and put it past you.  
You can't let this shit slide.  If you do you'll hate yourself everytime you think of it.
 
 

Username checks out.

[ROFL BOX 6649]

 

Where is this property? If reasonably close to Austin / Drip, I could come out with my Mavic Air (drone) & take an updated aerial pic to show what the property line looks like now (vs. waiting 4 years when the Googs do another flyover & update the mapolater).

[deadshank 24653]

1 hour ago, CHAD BRISCOE said:

Tell Him u are a religen that believe Tree’s are alive and then u must sacrafice his children to make it up to the Tree’s God’s or jasen Aldean is going to rape him

The science is settled.

[Quagmire 2147]

Fuck his trees and then his wife

[tx 3 putt 77061]

Beat the shit out of him

 

[Dbeasy 15068]

Your action depends heavily on how hot the wife is and whether you have a shot of getting her drunk and disorderly. 

[kmac30 416]

Met the neighbor this evening. Couldn’t have gone better. He apologized for the guy cutting too much. He’s doing a lot of landscaping and going to put some new trees in the area. He came up with all of that without me having to say anything. I’m good with it and glad it didn’t turn into a bad situation.

[CHAD BRISCOE 371]

pussy

[markstanco 12577]

I completely understand the frustration, and I'd imagine the law is on your side. It sucks, you were wronged.
But what's going to really come of it? Sounds like in the scheme of your properties, it's a pretty small section. At best, you get the trees replaced, feel like you got a fair deal, but now you start things off on the wrong foot with the neighbor (who admittedly started it off wrong in the first place). At worst, he gets pissed off, doesn't do anything, and then you get pissed off because he won't do anything and then have to decide to escalate it or let it go.
Maybe you could go talk to him about it and get a vibe? If he seems like the sort that would admit to an honest mistake and make it right, ask for the trees. If he seems like a sovereign citizen type, use the newly staked property line to install a fence.
 

What? I don’t know how to not sound condescending here but this is a terrible beta approach. If you don’t own land I may get it, it’s an ignorance thing.

But if somebody comes on my property and alters it they will do the right thing and fix it or deal with the sheriff or game warden. I would be civil until it’s time to not be civil.

[Post Oak 20245]

6 hours ago, ROFL BOX said:

10 hours ago, Post Oak said:

Tell them to buy you new trees.  Whatever gallon size work for you and put it past you.  
You can't let this shit slide.  If you do you'll hate yourself everytime you think of it.
 
 

Username checks out.

 

[ROFL BOX 6649]

Fuck his trees and then his wife

/Greenery

[cactusflinthead 27601]

1 hour ago, kmac30 said:

Met the neighbor this evening. Couldn’t have gone better. He apologized for the guy cutting too much. He’s doing a lot of landscaping and going to put some new trees in the area. He came up with all of that without me having to say anything. I’m good with it and glad it didn’t turn into a bad situation.

If he's getting some trees for you pick some cool ones. If you get a budget, pick your own stuff. Use part of the budget for water considerations. Trees gotta get watered for at least a year. 

Bigtooth Maples. Caddo Maple

Ancient living fossils like dawn redwood and ginkgo.

Mexican Plum, Viburnum, cool stuff instead of the same old live oak, red oak, cedar elm hut hut hut

Glad it seems to be going well.

[Pato del Muerto 52524]

It does appear that there are some trees remaining on the property. 

[fuggled 576]

Tree law is pretty serious bidness on Reddit.  https://www.reddit.com/r/treelaw/

From what I've gathered over the years, in most places he owes you triple the replacement cost of the trees as well as the value of the lumber.  But I'm not a lawyer.

[Zepol87 9188]

I love this place

[Guest]

11 hours ago, kmac30 said:

Met the neighbor this evening. Couldn’t have gone better. He apologized for the guy cutting too much. He’s doing a lot of landscaping and going to put some new trees in the area. He came up with all of that without me having to say anything. I’m good with it and glad it didn’t turn into a bad situation.

Sounds like you got a decent neighbor. Congrats.

[NeverMarryAStripper 21907]

Kind of sucks for us though

[High Plains Drifter 11050]

On 12/12/2023 at 10:24 AM, That Guy said:

Burn his fucking house down. 

 

Based on the look of the surrounding vegetation, that's going to happen to both houses at some point anyway when the inevitable wildfire comes.

 

[HOOKEM4 5037]

On 12/12/2023 at 9:07 AM, kmac30 said:

Not a 10

That doesn't matter,  it is about establishing dominance. 

[Bevo 13579]

On 12/12/2023 at 12:52 PM, MonkeyDoughnut said:

Hard to tell from the pictures where the trunks are, but you can trim back a tree up to the property line. If they took out trees definitely yours I'd just do as above mentions to have whatever gallon size replanted in their place, moving them more on your side to accommodate canopy growth so they don't go legally trimming them (but damaging them) later.

Myself, I don't know that this is how I'd "meet the neighbor" though. Might feel them out first. Seems like they at least were trying to clean up their property getting a tree guy out there.

 

I don't know - They had a car parked there. It wouldn't surprise me if they wanted to expand their driveway and put an RV or something back there as well. That would bug me because you would definitely want trees to block that.

[956 Worldwide 34715]

Sometimes when I feel like killing someone,I do a little trick to calm myself down.

I’ll go over to the person’s house and ring the doorbell.

When the person comes to the door, I’m gone, but you know what I’ve left on the porch?

A jack-o-lantern with a knife stuck in the side of its head with a note that says “You.”

After that I usually feel a lot better, and no harm done.

[dcbc 14487]

On 12/12/2023 at 9:38 AM, NeverMarryAStripper said:

Calculate the value of the trees.  Here's link.

https://8billiontrees.com/trees/tree-value-calculator/

Then, send him a registered letter demanding payment for the value of the trees.   If the value of the trees is less than or equal to $20K you can file in small claims court when he doesn't pay up.

Wheeler v. Enbridge Pipelines, (E. Tex.), L.P., 449 S.W.3d 474 (Tex. 2014) (explaining when you can recover for intrinsic, ornamental value of trees).  This will make for some good reading if the neighbor doesn't bite on the tree value calculator valuation and push later comes to shove.

 

edit:  Glad he did the right thing. 

Edited December 14, 2023 by dcbc

[Bevo 13579]

Since we are on the subject - I have a nice sized backyard but the side yards between houses are the suck. One of my previous neighbors planted a tree that has grown into a big tree. That tree blocks light from getting to our side yard and 1/3rd of our front yard. So, bermuda grass doesn't grow on 1/3rd of our yard. Should I give up on growing grass there and just deal with dirt and weeds? Should I trim back the tree branches going into our yard? Should I tell the neighbor to trim his tree? It isn't the current neighbor's fault. It is the developer's fault for having such short side yards and the fault of whichever previous neighbor planted the tree at the edge of the two properties. I'm not even sure trimming it back is going to make a huge difference because it is just the wrong type of tree in the wrong place.

[cactusflinthead 27601]

Time to switch to something besides bermudagrass. 

[Bevo 13579]

15 minutes ago, cactusflinthead said:

Time to switch to something besides bermudagrass. 

What would work better? I have Zoysia in the backyard, but it ended up being a mix so I am pretty unhappy about the purchase considering the cost difference. The neighbors on both sides have St. Augustine.

I have a huge planting bed around our oak. And our tree was severely damaged the last time we had freezing rain so maybe it is time for us to take that oak out and put in something smaller. That would help a little but you can see in the pic, where the neighbor's tree is located, it causes a problem for the remainder of our front yard.

 

 

[cactusflinthead 27601]

What happened with the zoysia? 

StA is an option too. So is fescue. There's also dwf monkey grass if you want to go that route and expand the bed concept.

[elfenix 34310]

go xeriscape like @Armybrat before his POS HOA (but i repeat myself) got on him.