neighbors tree roots...

fieraci said:

What is the name of your state? New York-Nassau County, Town of Oyster Bay.

Neighbors tree has extended roots onto my property. Some are very large roots that protrude above ground. ALL roots are preventing me from digging to install pavers or sod or concrete. They are a tripping hazard for my vision impaired young daughter.
I alerted him via certified mail that I would be cutting the roots in 2 months, and that the tree would be weakened and might fall on his house. Stated that he should remove the tree beforehand. He did nothing, and consented to the act verbally. Even gave me a can of pruning tar WHILE I WAS CUTTING ROOTS and asked me to swab some on (like that would keep the tree from falling on his house! Dumb *******.).
I began to cut roots, and cut quite a bit, and exposed much more to the elements, but stopped, because I felt sorry for the S.O.B, because I knew the tree will fall into his house. I called a professional tree service who confirmed it and told neighbor personally. Neighbor sent me a certified letter ordering me not to touch roots without his written permission and that I would be liable, blah, blah, blah.
I replied, certified mail, that I had ALREADY, WHILE I HAD HIS CONSENT, ripped out much root material and bisected many more, thus weakening the tree structurally, and it's ability to feed. And that he should remove the tree for his own safety, and that I will NOT accept any responsibility for the tree falling.

How can I force him to cut the tree down? Without a lawyer? I have offerred to pay half of the removal.

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fieraci said:

I had always thought small claims court was used to collect monetary debts, and settle monetary disputes. So, I would be suing in SCC, and the judgement sought would be for him to remove his tree ASAP at his expense? That is what I would be suing him for?

fieraci-at-hotmail.com


You would think that since his tree is NOW in jeopardy of falling on his house and maybe killing him and his wife and family, he would remove it!
Dumb idiot he is.

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fieraci said:

Dumb-ass told me last night that he is having the tree cut down and stump grinded. Asked me for my 200 bucks. I told him when the job is done and all the roots on my side are grinded (those were my terms in offerring the money) he will see my 200 bucks. He called his own tree service, and OF COURSE they told him the tree would fall thru his house before too long. Jeez...I tell him,...MY tree guy tells him,...The laws of PHYSICS tell him,....Common sense SHOULD tell him,....
So HIS tree guy, who, motivated by profit and who will make NO money if he DOESN'T tell him the tree has to come down tells him the tree should be taken down, and NOW he gets the point.
Dumb-ass peece-o-schit has finally seen the light. I get the feeling he was not telling his wife the whole story, and she was the one who signed as recieving my certified letter telling that the damage was done and the tree was likely to fall thru the house and possibly KILL them. I can almost hear her...."You said WHAT?!?!?!?....How dare you put our LIVES at RISK for a FU**ING TREE!!"

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