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Cut down neighbors tree

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timsed

Junior Member
What is the name of your state (only U.S. law)? WA
I cut down a neighbors tree - because I thought I had their permission. Now they are "very upset" -and I understand, but I also feel like I made significant efforts (3 months of phone calling and visits to their home before I got the voice mail back) to get their buy-in, and a voice mail from them saying "Whatever you guys want to do is fine with us" - but now they claim that that mean "only as far as cutting down branches".

I understand their stance - they meant something different than I understood when they said "Whatever you want is fine". I want to make this right with them and have offered to buy some new trees, but they seem to want more (same trees, same height).

It certainly feels like they see this an opportunity to make some quick cash. Is there anything I can do to protect myself?
 


justalayman

Senior Member
you can either comply with their requests or not. If you don't want to, you can try to negotiate a mutually acceptable resolution. If that cannot be reached, hang on to any evidence you have for the ensuing court case.

not really much else to do.
 

HatRack

Member
Full grown Trees are very expensive. As in thousands of dollars. You could try to have them go along with you to pick out the trees with you. You will have to have them planted as well.

Personally I wouldn't give them x amount of dollars to fix this. I would be pro-active.

Are you putting up a fence? I ask this because you mentioned "buy-in":

(3 months of phone calling and visits to their home before I got the voice mail back) to get their buy-in, and a voice mail from them saying "Whatever you guys want to do is fine with us" - but now they claim that that mean "only as far as cutting down branches".

I can't imagine 3 months of back and forth for just trimming some branches.
 

timsed

Junior Member
Funny you mention the fence. They had a broken fence (we only have a fence on their side of the property) - and last year, at this neighbors request I helped him put in all new posts (even split the cost with him, even though it was his fence) - not really relevant to the story here, but I expected some good will for helping him out... I guess not.

WHen we had the arborist cut down what was on our property, all that was left was about 5-6 stump (to use the words of the arborist). I thought we had thier agreement to "do whatever you want" - and I thought I was doing them favor paying to remove the last 5-6 feet of the trunk.

Like my mother always says - no good deed goes unpunished. I have really learned a valuable lesson here. Help no one and assume nothing.

I have spoken with him again, and he's amenable to solving this between us - but his wife is the one who is "very upset". I will continue to try to work this out
 

justalayman

Senior Member
hold on there. are you saying there was only a 5 or 6 foot tall stump remaining of the tree? Was it just sprouting out a bunch of small branches all over the place or was there some reasonable structure of branches remaining?



What did the arborist say about it prior? Did he say it would regrow or it needed to be removed?
 

timsed

Junior Member
The arborist said that with what was left, it would die, but he didn't want to go on their property to cut down the stump. I said we had agreement from them and that we should cut it down - this is where I went wrong. I should have left it to die... the tree is ON the fence line and only had branches in our yard. I have pictures to prove this
 

justalayman

Senior Member
if the arborist said it would die, the neighbors would not win anything even if they went to court. There is no value in a tree an arborist has already stated is basically a dead tree.
 

HatRack

Member
A question to the board. Should a written agreement be drawn up between neighbors when a fence is replaced between the two properties on the property line?

I think that most of these agreements are verbal is the norm?

After you have supplied more information on this issue. Keeping in mind that hindsight is always 20/20 vision.

If you would have explained to them, or the arborist explained to them that the tree
was that far over the property line that what would remain would die. They would of seen the situation more clearly.

I now don't think you owe them a tree. However these are the people you are living next to. Personally I hate having conflicts with next door neighbors. So I would suck it up and try my best to smooth ruffled feathers. Which in my opinion you are doing.

Is there something you could put in place of the downed tree that would a visual asset to both homes? Whether it is a bush a fence a bench?
 

HatRack

Member
I think you got yourself smack in the middle of a conflict between your neighbors.
Husband vs Wife wants on this tree issue. Wife is reacting emotionally. Probably because she didn't understand how much of the tree was over the property line.

And the truth shall set you free. (I would let the husband tell her, but will he?)
 

drewguy

Member
I think you got yourself smack in the middle of a conflict between your neighbors.
Husband vs Wife wants on this tree issue. Wife is reacting emotionally. Probably because she didn't understand how much of the tree was over the property line.

And the truth shall set you free. (I would let the husband tell her, but will he?)
Sounds like a mess!

It's not reasonable to replace the entire tree. If you want to make a gesture of good will, why don't you buy them a tree and yourself one as well, and plant one on each side of the property line. It will help replace the shade and green that was lost, should create some goodwill, and will ultimately increase the property value. As posted above, definitely don't offer cash. Offer a tree, planted at your expense. If they decline, then they really don't have a gripe.
 

timsed

Junior Member
Thank you all

Thank you all for your replies - very helpful.

I went and offered them a tree. I spoke to the husband again and he said the wife "doesn't want some small gallon size tree". I can understand that - but I am not paying for a 40' tree - that's just crazy talk!

I think a 6-10' tree is appropriate - and I will make certain that it is NOT planted anywhere near the fence.

Thank you all again
Tim
 

FarmerJ

Senior Member
Have you learned by chance what variety of trees are the fastest growing for your area ? some that are fast growers even on your side of the lot line may help ease things since they too will help create more shade.
 

drewguy

Member
Thank you all for your replies - very helpful.

I went and offered them a tree. I spoke to the husband again and he said the wife "doesn't want some small gallon size tree". I can understand that - but I am not paying for a 40' tree - that's just crazy talk!

I think a 6-10' tree is appropriate - and I will make certain that it is NOT planted anywhere near the fence.

Thank you all again
Tim
That's a pretty obnoxious response to give when a tree is being offered up, free.

Anyway, you can get plenty of nice 2" caliper trees for $150-200 (or less, even).
 

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