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Neighbor will not trim tree that is damaging my property

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debodun

Member
What is the name of your state? New York

What should I do about a neighbor with which I'm having a dispute over a tree?

The base of the trunk is on his side of the fence, but it arches over onto the side of my house and roof. Now it's starting to damage the roof and trim on my house. I have spoken to him several times about having it trimmed or even removed, but he just walked away without comment. He doesn't live there, but he owns it and runs a business on the property, so he's in and out and it's difficult to "catch" him to talk to. The last time I approached him, I said that I'd be willing to split the cost of having the tree cut down. He responded by saying that if I came on his property again or brought up the issue, he would file charges against me for harassment and trespassing, and if I touched the tree, even the section impinging on my house, he'd have me arrested for illegal dumping. I was shocked and asked him what he meant as I don't dump on his lot, nor did I didn't get the connection between the tree and garbage. He said that having a tree isn't illegal, but throwing garbage on his property was. I told him I didn't dump garbage on his lot. He responded that whether I did or did not didn't matter because he could get people to testify that they saw me doing this. I feel like my hands are tied in this issue. If I trim the tree, I'll be facing some stiff penalties in court and I can't prove I didn't dump garbage on his property, but he and his "snitches" can. Now what should I do?
 


You Are Guilty

Senior Member
Get a portable voice recorder. Keep it hidden and go talk to neighbor. Let him know you're planning on having his tree limbs removed from your property and just wanted to let him know in case he wanted to hire the same people to do any work for him. With any luck, he'll threaten to frame you again. (If he doesn't, repeat the process every few days until he does).

Once you've got him "on tape", have the branches that overhang your property removed, and try not to dump them on the neighbor's land. Should dumbass later concoct some nonsense claim, your defense is on the "tape".

Good luck.
 

debodun

Member
Recorded evidence is not admissible in court unless you inform the person you intend to record beforehand. He's not likely to incriminate himself under these circumstances. I couldn't go on having those limbs pressing against my house so last week I had a tree service come and asked that the branches overhanging my property be trimmed to the property line. However, the tree man cut the whole tree down. So far I have not heard anything from the neighbor. Maybe he was just being a bully about it and trying to bluff his way out of what he thought he's have to pay for.
 

LindaP777

Senior Member
However, the tree man cut the whole tree down. So far I have not heard anything from the neighbor. Maybe he was just being a bully about it and trying to bluff his way out of what he thought he's have to pay for.
OMG!!! Be prepared for him to sue you!!! Large mature trees are worth thousands of dollars! You had no business cutting that tree down!
1) I hope you had a written contract stating that the limbs were to be trimmed only to the property line.
2) I hope you're dealing with a reputable tree company, so they will pay for their error when you sue them.
 
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You Are Guilty

Senior Member
Recorded evidence is not admissible in court unless you inform the person you intend to record beforehand.
Sorry, I didn't realize you were an expert on Evidence. If you would be so kind as to cite your source for this statement (in NY), I'd appreciate it.
He's not likely to incriminate himself under these circumstances.
You'd be surprised what stupid people do.
I couldn't go on having those limbs pressing against my house so last week I had a tree service come and asked that the branches overhanging my property be trimmed to the property line.
As was always your right...
However, the tree man cut the whole tree down. So far I have not heard anything from the neighbor. Maybe he was just being a bully about it and trying to bluff his way out of what he thought he's have to pay for.
Possibly. But your tree contractor is certainly liable for the improperly felled tree, assuming you specifically told him to "just trim the branches". (What work is listed on your receipt from them?) On the other hand, if you told him to "cut the whole tree", or even "just trim the branches, [wink, wink]" then looked the other way as he took the tree down, you both can be held liable in court.

Good luck either way.
 
As others have said, you have every right to deal with the portion of the tree that protrudes onto your property. You must be careful though -- thus, use a professional arborist, not someone with a chainsaw and a pickup truck -- that whatever is removed does not threaten the health or life of the tree. Just because you don't like a tree that overhangs your property, you cannot destroy it. As to your neighbor's threats, depending on how serious they are, be sure someone else hears what he says. Then report him to the police, or at least tell him that's what you intend. His threats and subsequent false statements are actionable, e.g., slanderous. His "hired" witnesses who would claim they saw you do something that you did not do would be idiots and leave themselves open to charges. Have a lawyer handy, or if you can't afford one, call Legal Aid.
 

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