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restraining order for trees??

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ckicker5

Junior Member
What is the name of your state (only U.S. law)? IL

Hi,

I have an issue with a neighbor and my tree which is on my property.

Recently we had a large healthy branch fall off of the tree onto his property due to wind. He claims he now fears for his life and that of his family (yes he likes to exaggerate). The damage was minor, less than $200. But that didn’t stop him from contacting the police and asking for a report, or contacting the fire department (the limb was touching his back door, he is trying to build a case that this was a blocking and emergency exit). We both agreed to an inspection by a licensed arborist. The arborist stated that the tree was healthy, it did not need to be removed, but some dead branches do need to be cut off. I agreed to have this done and split the cost.

Sounds great? Not really.

This person has a history of harassing my spouse and myself about my fence, bugs on the tree, the tree itself and anything else he can think of. I have a file of letters he has written to us in the past. I’m trying to use this recent verbal agreement as leverage to get him to stop the nit picking harassment. When I made the verbal agreement I asked that he write a letter stating that if I went though with the tree maintenance, everything would end here and he would leave us alone. He agreed to write a letter and today he delivered it. The letter is anything but as described. He typed up the conversation we had with the arborist, his list of demands regarding his own preferences on how he thinks the tree should be inspected, maintained, etc.

So how do adjust this document to cover myself? As if to say, “I’ll make the advised trimmings to the tree, now go away” “After 10+ years your complaining will stop now!” Ideally, I’d like it to be worded like a restraining order.

Thanx.
 


JustAPal00

Senior Member
Throw the letter in the garbage, have the dead limbs trimmed, and make sure the fence is the tallest you are allowed. There is no pleasing some people no matter how hard you try. You have no legal obligation to sign anything. Do you really believe it will stop them from complaining? As I said, if a 6' fence is the tallest you are allowed to build, I would have one the length of the border of your properties.
 

drewguy

Member
Either do was justapal suggests or, if you feel compelled to respond, explain that the demands in his letter are unreasonable, that you will trim the deadwood and continue to monitor the tree for health, but that you have no obligation to do anything further. You can add that you'd appreciate that he not keep pestering you but really there's zero chance someone like this will stop, and zero chance that he'd stop even if he'd signed your letter.
 

dlw99

Member
You might get the tree issue resolved, but after ten years, this guy will find something new to complain about.

Either you ask him to share the cost of professional mediation to get down to the root of the problem, or you cut him off completely. Puns not intended. :D

This means no letters (unless from your attorney), no conversation, no eye contact, etc...

If you want him to stay off your property, have a lawyer write a letter advising him that any more trips to your front door will be considered trespassing.

It's always better to work things out with neighbors if you plan on living in your house for any length of time, but some people cannot be reasoned with. You'll have to figure out if the guy is a lost cause or not, and proceed accordingly.
 

Seanscott

Member
I believe you are responsible for any dead branches hanging over his property. If he wants any healhty branches cut that overhang the fence he has to take care of it at his expense.

I agree with the previous poster - just tell him to stay the heck off your property!
 

ckicker5

Junior Member
Thank you to everyone that replied to my posting.

I responded to my neigherbor’s long and bloated letter with a very short precise letter. I stated facts that what has transpired in a case of an obsessive neighbor who doesn’t know when to stop. I told him if this doesn’t stop, I’ll file a restraining order and proceeded to explain what the term meant.

I also restated what I had done verbally to him, which is I would trim the dead branches. And I intended to do nothing else.

So what happen? I delivered the letter on 4/5 at approximately 8:00AM to his mail slot. By 11:00am he had a tree service cutting every limb on his side the of the property. By 12:00 they were done. I didn’t pay a dime to have any of the work done and I still have my tree.

So far there has been no other contact and that is fine with me.

Thanx again.
 

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