What is the name of your state?What is the name of your state? Texas
I have searched this site and I am aware that my neighbor has every right to cut tree branches that overhang onto his property - but only up to the property line. During this holiday weekend, just before I left on Saturday morning, my neighbor went on one of his tree cutting binges and "trimmed" trees on his property. (He gets chainsaw happy and some of trees now look like a stalk of broccoli.) When I returned that evening, there were many maple tree branches in a large pile on his driveway. I didn't think anything of it because he has a maple tree in his back yard and assumed that they were from his tree. Yesterday, I noticed that a number of branches of my maple had been recently cut. A few were to the property line but most were 1-3 feet on my side. He did such a bad job of cutting that he ripped the bark back on some of the branches he cut. I doubt his "trimming" will kill the tree and I am sure the damage he did by his crummy cutting job will eventually be less noticeable.
I would prefer not to go to court about this for a couple of reasons, one - I'd like to try and stay on good terms and two, I am not sure what I could sue for; the damage to the tree is not going to kill it so I don't know if I can sue just because he trespassed on my property and vandalized my trees. I have not made an attempt to talk to him yet as I was extremely upset and did not want to say things I'd regret.
My questions:
If the verbal conversation does not go well, what is my next step? Do I need a cease and desist letter? Can I write it myself or do I need a lawyer? Do I need a police report? If he continues to cut trees on my property, how do I determine damages?
I have searched this site and I am aware that my neighbor has every right to cut tree branches that overhang onto his property - but only up to the property line. During this holiday weekend, just before I left on Saturday morning, my neighbor went on one of his tree cutting binges and "trimmed" trees on his property. (He gets chainsaw happy and some of trees now look like a stalk of broccoli.) When I returned that evening, there were many maple tree branches in a large pile on his driveway. I didn't think anything of it because he has a maple tree in his back yard and assumed that they were from his tree. Yesterday, I noticed that a number of branches of my maple had been recently cut. A few were to the property line but most were 1-3 feet on my side. He did such a bad job of cutting that he ripped the bark back on some of the branches he cut. I doubt his "trimming" will kill the tree and I am sure the damage he did by his crummy cutting job will eventually be less noticeable.
I would prefer not to go to court about this for a couple of reasons, one - I'd like to try and stay on good terms and two, I am not sure what I could sue for; the damage to the tree is not going to kill it so I don't know if I can sue just because he trespassed on my property and vandalized my trees. I have not made an attempt to talk to him yet as I was extremely upset and did not want to say things I'd regret.
My questions:
If the verbal conversation does not go well, what is my next step? Do I need a cease and desist letter? Can I write it myself or do I need a lawyer? Do I need a police report? If he continues to cut trees on my property, how do I determine damages?