Neighbor Pine Trees Reaking havoc

[radiokaos]

What is the name of your state? Arizona

Hello to all:

I have a issue with my neighbor. Currently, my neighbor has two large pine tree that encroach my property and reak havoc on my pool and my yard. The dropping are pine cones and needles into my pool every summer here in Phoenix AZ. Each year there tress are causing major damage to my pool costing several hundred dollars of repair to my pool each year.

I have asked politely for my neighbor to trim the trees to the property line but they have refused. Then ensued with harassing threats to myself and my family. My neighbor even stated that if I trim the tree on my side of the property line that they will sue me. They are claiming they are entitled to the space on my property "easement by adverse possession". They are claiming the these pine trees are 20 years old and therefore are protected according to Arizona law. They futher state that "protectionis Easement by adverse possession of which the statue of limiations is 10 years."

What they don't realize is the damage there trees are causing on my pool, and we can't even enjoy our own backyard.

This is taking the life out of me to try to get this resolved. I love trees and in no way would I want to kill them, I would just like to cut the branches that come over onto my property. I have spoken with an attorney and he said cut the branches up to the property line and let her sue, which I'm sure they will.

I have tried several times to contact them nicely and asked them to help me out and there response was nothing but profanity and vulgarities. The police have told me I have the right to cut up to my property line and should do so. Currently, I had to obtain a restraining order against them from the harassment they have been causing over this ordeal. An attorney has stated to cut the branches and let them sue. However I don't want to deal with the costs of attorney fees.

Any suggestions, or case history would be great.

[Orcons]

Originally Posted by radiokaos

What is the name of your state? Arizona

Hello to all:

I have a issue with my neighbor. Currently, my neighbor has two large pine tree that encroach my property and reak havoc on my pool and my yard. The dropping are pine cones and needles into my pool every summer here in Phoenix AZ. Each year there tress are causing major damage to my pool costing several hundred dollars of repair to my pool each year.

I have asked politely for my neighbor to trim the trees to the property line but they have refused. Then ensued with harassing threats to myself and my family. My neighbor even stated that if I trim the tree on my side of the property line that they will sue me. They are claiming they are entitled to the space on my property "easement by adverse possession". They are claiming the these pine trees are 20 years old and therefore are protected according to Arizona law. They futher state that "protectionis Easement by adverse possession of which the statue of limiations is 10 years."

What they don't realize is the damage there trees are causing on my pool, and we can't even enjoy our own backyard.

This is taking the life out of me to try to get this resolved. I love trees and in no way would I want to kill them, I would just like to cut the branches that come over onto my property. I have spoken with an attorney and he said cut the branches up to the property line and let her sue, which I'm sure they will.

I have tried several times to contact them nicely and asked them to help me out and there response was nothing but profanity and vulgarities. The police have told me I have the right to cut up to my property line and should do so. Currently, I had to obtain a restraining order against them from the harassment they have been causing over this ordeal. An attorney has stated to cut the branches and let them sue. However I don't want to deal with the costs of attorney fees.

Any suggestions, or case history would be great.

I am not sure what you want us to tell you. You have advice from a local attorney which is probably good advice. If you don't want to pay legal fees and you are sure they will sue you don't have many options. Have you talked to a horticulturist or other landscape professional? Maybe there is some kind of netting you could put up to catch the pine cones and needles.

As far as their claim of an"easement by adverse possession", unless there is something in AZ law different from everywhere else, their claim would have no chance of succeeding. Trees and bushes grow over property lines all the time, especially given that many people plant things on borders, and if you could claim an easement based on this overgrowth the courts would be doing nothing but handling these claims. Now if they had planted the trees on your property, that would be a different story. Make sure you know exactly where the property line is whatever you do.

[radiokaos]

Thanks for your fast response...It feels good to know you are within the law and your rights. There actions made me think twice about my simple request.

You are right...I'm just trying to gather facts to save some frustrations down the road.

There is a brick common shared wall between us which is probably the property line. The tree is located on their side. However the branches hang over about 7-10 ft above our pool. I have spoken with arborest and they said that once the branches are cut they wont grow back but the tree will still live.

Do they have a chance on the the pine trees are 20 years olad and therefore protected according to arizona law, "Easement by adverse possession" of " which the statue of limitations is 10 years"? These are quotes from the crazy neighbor.

I would rather move but I don't want them to bully me out of my own home. If you think they don't have a case to stand on I think maybe I should cut the tree up to the property line and let her sue me.

Either way it will cost which is a major pain in my pocket book, just looking for cost effective suggestions.

[lcannister]

The local Atty should know the adverse possesion rules and regs for your area as well as your right to cut to the property line.

You either want to proceed or you allow him to scare you off as seems to be the case here.

[LindaP777]

Originally Posted by radiokaos

There actions made me think twice about my simple request.

Sounds like he's using "bully tactics". Check with horticulturist or other landscape professional to see if the tree is protected. If not, cut away!!! He won't have a leg to stand on. If he sues you, counter sue for damage to your pool.

[radiokaos]

First off, I wanted to thank everyone for their insight and help...Bully Tactics are definitely the case.

I'm meeting again with the attorney today, he is a associate of a friend so our first consult was no charge. He tried to research any past cases regarding easement and could not find any. I contact the AZ State Horticulture Division and asked if Pine trees were protected and they said "what you got to be kidding". The only protected plants in the state of Arizona of some cacti.

I'm ready for a fight and wish this could have been handled without all these issues. If it was my tree causing the problem I would cut to the property line just to be a good neighbor, or let them do so if they were in a hurry.

Funny thing is this person is a bi polar, and I'm not sure what they are capable of, so I got an "injunction against them for harassment". I have three instances of them sticking their head over our common wall, swearing, threating, and just being all out nasty. They are also video tapping everything we do in our own back yard with Ladders set up against the wall so they can peer into our house and video tape what we do in our own home. I have a hearing next week since they are trying to contest the harassment case. I guess they have a lawyer to contest the "harassment injunction". My attorney friend advised to get one because they were causing imitiadation and making threats. I was told to have representation at the hearing next week but also if I wanted to save the money I could go by myself. Worse case is they throw out the harassment injunction and if they do it again, just go back to the court and file another one if they do it again.

Here is another question why would anyone want to contest a injunction of harassment?

Are they contesting the injunction so they can continue harassment?

My wife is afraid to go into our own back yard and we can no longer enjoy the use of our pool or beautiful back yard. I'm trying to leave emotion out of this whole case but this needs to stop.

[Silverplum]

Originally Posted by radiokaos

Currently, my neighbor has two large pine tree that encroach my property and reak havoc on my pool and my yard. The dropping are pine cones and needles into my pool every summer here in Phoenix AZ. Each year there tress are causing major damage to my pool costing several hundred dollars of repair to my pool each year.
{snip}
What they don't realize is the damage there trees are causing on my pool, and we can't even enjoy our own backyard.
{snip}
Any suggestions, or case history would be great.

Huh. I'm in CO, and we have a pool, a pond, and NINE Ponderosa pines in our backyard. Needless to say, we (or shall I say HE ) clean the water daily with a long-handled net. It takes....oh, about two minutes.

There IS NO "damage" to our pool or the fishpond from needles and cones and other debris from the trees. The koi don't seem to mind, either.

I'm sorry for the way your neighbor treated you, but I am not understanding how the trees are costing you so much money and damage.

[seniorjudge]

How would you like to have one of these cuties in your pond?

[url]http://www.cortland.edu/herp/keys/images/turtles/cserpelg.jpg[/url]

I have shot several of them.

No...I mean, MY FRIEND shot them.

[Silverplum]

Originally Posted by seniorjudge

How would you like to have one of these cuties in your pond?

[url]http://www.cortland.edu/herp/keys/images/turtles/cserpelg.jpg[/url]

I have shot several of them.

No...I mean, MY FRIEND shot them.

<creepy shiver!>
No thanks, SJ. And I'm positive the 3 hounds would hate one!

[seniorjudge]

Originally Posted by Silverplum

<creepy shiver!>
No thanks, SJ. And I'm positive the 3 hounds would hate one!

The three hounds would not SURVIVE one....

[Silverplum]

Originally Posted by seniorjudge

The three hounds would not SURVIVE one....

Yeah, that's what I'm afraid of!

They're having enough fun already, peering at the koi, drooping big long ears into the pondwater, freaking out the fish!

[radiokaos]

Originally Posted by Silverplum

Huh. I'm in CO, and we have a pool, a pond, and NINE Ponderosa pines in our backyard. Needless to say, we (or shall I say HE ) clean the water daily with a long-handled net. It takes....oh, about two minutes.

There IS NO "damage" to our pool or the fishpond from needles and cones and other debris from the trees. The koi don't seem to mind, either.

I'm sorry for the way your neighbor treated you, but I am not understanding how the trees are costing you so much money and damage.

Well, I'm looking at 3 bills from the pool man for 3 different occasions. The bill range from pine cones in the vacuum system costing $189.00 for flush and repair, the second for burn prop and motor for pine needles getting trapped $498.00, and the third is for pine needles in the vacuum line for $189.00. Beside that we have monsoons in AZ so when it comes down 2 minutes of cleaning ain't going to cut it.

Not only that, but all of the patio and lawn furniture is covered with sap and needles. I'm not looking to take her trees down, I'm just looking to enjoy my own back yard.

Besides that it is not fun cleaning the pool in 110 degree weather every day, when it is not even from your own mess.

What is the law pertaining to overgrowth and cutting up to the property line. I just want to know that I'm not crazy, here and giving into intimidation and bully tactis

[LindaP777]

Cut them straight up from the property line (to be on the safe side, allow and extra 6" over on your side). Take pictures/videos before, during and after. You might even want to give the police department a heads up before you start, as I'm sure they'll be getting a demanding call from your neighbor as soon as he hears the chains saws starting up! Good luck. Let us know how it goes.

[LindaP777]

Originally Posted by Silverplum

Huh. I'm in CO, and we have a pool, a pond, and NINE Ponderosa pines in our backyard. There IS NO "damage" to our pool or the fishpond from needles and cones and other debris from the trees. The koi don't seem to mind, either.

Unrealistic and not helpful to compare your situation with radiokaos unless you know for a fact that your trees are the same type, height, width, thickness and distance from the pool with the same type of filtering system!

[Ozark_Sophist]

Originally Posted by seniorjudge

How would you like to have one of these cuties in your pond?

[url]http://www.cortland.edu/herp/keys/images/turtles/cserpelg.jpg[/url]

I have shot several of them.

No...I mean, MY FRIEND shot them.

I hope you do not shoot them. It is illegal in Missouri to shoot turtles. Before we built our kennel, I let the snapping turtles alone. We watched two lay eggs in nests. Now, I just relocate them. I'd eat them (during season), but my wife wouldn't want me to butcher them.