Neighbor aggressively opposed to us pruning our own tree

[eveandtim]

What is the name of your state (only U.S. law)? California
We have a large pine tree on one corner of our property that borders a neighbor's property and hangs over his driveway. It grows close to power lines and so the electric utility keeps coming out to prune and yet they just prune the pieces close the power lines. We have, in the 9 years we have lived here, not pruned it further. Now we'd like to prune in order to ensure it is healthy and has an attractive shape. The problem is our neighbor has been extremely aggressively against us pruning it becuase he "loves the tree". This escalated to a level where police were called and the arborist who was on hand to prune the tree filed a charge against the man. We decided to not pursue trimming the tree on that day and yet now want to go back to the task. We have spoken to the city and assured ourselves that it is our tree on our property and it is in no way protected. I am concerned that if we proceed with the pruning the man will become abusive again. I am also concerned that he has been threatening law suits regarding the protected nature of the tree (it is not protected and yet he is convinced) and also the wall that the tree has damaged. He said that he and the previous owner came to an agreement to "let the tree damage the wall" rather than remove it. However, now he says that if we touch OUR tree he will sue us for the damaged wall.

In the end, I am concerned about our legal rights and how best to set up the situation to ensure he would have no ground for a law suit. Thanks!

 

[Antigone*]

What is the name of your state (only U.S. law)? California
We have a large pine tree on one corner of our property that borders a neighbor's property and hangs over his driveway. It grows close to power lines and so the electric utility keeps coming out to prune and yet they just prune the pieces close the power lines. We have, in the 9 years we have lived here, not pruned it further. Now we'd like to prune in order to ensure it is healthy and has an attractive shape. The problem is our neighbor has been extremely aggressively against us pruning it becuase he "loves the tree". This escalated to a level where police were called and the arborist who was on hand to prune the tree filed a charge against the man. We decided to not pursue trimming the tree on that day and yet now want to go back to the task. We have spoken to the city and assured ourselves that it is our tree on our property and it is in no way protected. I am concerned that if we proceed with the pruning the man will become abusive again. I am also concerned that he has been threatening law suits regarding the protected nature of the tree (it is not protected and yet he is convinced) and also the wall that the tree has damaged. He said that he and the previous owner came to an agreement to "let the tree damage the wall" rather than remove it. However, now he says that if we touch OUR tree he will sue us for the damaged wall.

In the end, I am concerned about our legal rights and how best to set up the situation to ensure he would have no ground for a law suit. Thanks!

It appears to me that you've done your due diligence. Prune your tree if it makes you happy. I might suggest that you call the police and ask them to come keep the peace when you tree trimmers show up.

 

[Armed Supporter]

Keep control.

Aggressive neighbors can be frightening! Protect yourself; get motion lights and a surveillance camera to deter/record future aggressive acts. If necessary get a lawyer and a restraining order.
It may help to have your property surveyed and visibly marked if not already.
Pruning your tree could actually be healthy for it. If you’re still able to have civil conversations with your neighbor bring him in to talk with the arborist if possible. Maybe plant another tree or two in a nearby location to show you are planning for all possible outcomes even the death of the tree after pruning.
I have a feeling your neighbor is going to keep hanging this damaged wall over your head no matter what you do. If the tree dies 3 years from now he will want to sue for damage then and the repairs to the wall may be more costly. So you may want to get a quote on the repairs before anything and just be ready to pay after the tree is pruned. Maybe he is afraid you will prune the tree and he will be left with an unsightly wall, so work a deal to repair the wall.
Documentation (evidence) other than hear say of the deal he had with the old neighbor may lessen your burden to pay for repairs since he agreed to let the tree grow for what was probably an undocumented unspecified length of time knowing it would cause further damage to his wall.
If you change your mind and want to let the situation rest then I would get an official written agreement about the tree and the damage it is causing and how you’re not responsible to pay for future repairs of his wall.

 

[Mass_Shyster]

Cut the tree down. That will make your point.