tree branches over fence and roots

[thunderousbass]

What is the name of your state (only U.S. law)? Michigan

My neighbor has a large tree and has branches that encroach over a fence. The entire trunk of the tree is within their property just behind their fence. Their root system also encroaches on our property, damaging our sod/grass and preventing us from making a garden. The neighbors also throw the branches that fall of the tree over the fence and onto our yard especially when it rains or when it's windy so they don't get caught. The children in the neighbor's house creep out and think of this as some sort of a game. They hide and when no one is in my yard, they start throwing branches, twigs, and sometimes even damage my property by poking holes. The father has some sort of a grass fetish it seems. I truly believe he is mentally retarded since he does not understand what it means to respect property lines.

I have already tried numerous times talking to them but it seems they simply do not understand English. They continue to harass us every year. Whats worse is that the father of the household does not acknowledge or understand that what his family and he are doing is a crime. He continues to be quarrelsome and extremely ignorant to my requests. What's worse is he does not apologize for what he or his kids do...just shows how much of an inhumane/retarded person he is. Sometimes I wonder what kind of a father he is to his kids who I think are growing up to be the same belligerent, harassing individuals their father is. Do I have a right to throw these branches back into their yard? (after all, the branches that fall on my property are technically their "property"....I would simply be returning them to the rightful owner). What recourse do I have? What can local ordinances and police do?

I would like legal advice/direction from someone in law school or from someone who is a lawyer or has settled a similar problem in the past with court system.

Or anything for that matter....I need some direction in this case.

[justalayman]

(after all, the branches that fall on my property are technically their "property"....I would simply be returning them to the rightful owner)

actually, the branches that fall on your property are your branches. You do have the right to cut back a tree that encroaches on your side of the fence but be cautious if it is so much as to injure the tree.

The roots present another problem since cutting roots often injures or even kills a tree. You may have to have an arborist advise you.

or, simply send a demand letter to the neighbor requesting he remove the encroaching roots (and branches if it would injure the tree severely). If he refuses, go to court and seek a court order to require him to remedy the situation.

Granted, this is not a freebie court thing but in the case of killing a tree, it generally is money well spent.

as to them throwing branches into your yard. If they are not the same ones you through into their yard, make a police report. Then, calculate the time it takes to clean up the yard and send them a bill for a reasonable hourly rate.

That should stir up things.