Neighbor butchered the tree

[quincy]

Can you provide some clarity on "butchered the tree?" Did he only cut branches that would encorach on his property?

How big was/is the Butterfly Cassia. The varieties I see around my area are more of a shrub than a tree.

Since you do not know if the neighbor intended to cut down the tree rather than encroach branches, I am guessing you did not have a calm conversation. Perhaps that would be a start. Find out the issue, and try to come to a resolution. Maybe you can move the problem tree or your neighbor can buy a new tree or two to plant somewhere else on your property.

The neighbor is only permitted to trim branches that encroach on his property and then only if the trimming does not affect the health of the tree. As soon as the neighbor reached over to trim the branches on Yulia’s side of the fence, he was trespassing and can be held liable for tree damage.

The tree should not have been trimmed at all during its flowering season, either.

Although a friendly resolution with the neighbor is best, it sounds as if it has passed that stage.

 

[zddoodah]

What is the best way to proceed with this case?

Take better care to keep your tree from encroaching on your neighbor's property.

 

[quincy]

Take better care to keep your tree from encroaching on your neighbor's property.

That’s not “this case.” That would be good advice for the future.

 

[not2cleverRed]

Did he only cut branches that would encorach on his property?

"Today, the neighbor climbed over the fence and butchered the tree. I don't know if he planned to cut it down completely. I stepped outside and noticed that most branches were already cut down and confronted the neighbor"

The neighbor was on OP's property.
"Most branches" means not just the ones that might grow over the neighbor's property. And, as Q pointed out, you should only be pruning on your own side of the property line.

At the point where your neighbor is on your property pruning with wild abandon, the ship has sailed on "calm conversation". Implements that can cut tree branches can be used to harm humans.

It is reasonable for OP, after confronting with the trespassing vandal, to contact police (report) and arborist (assess damage).

 

[quincy]

"Today, the neighbor climbed over the fence and butchered the tree. I don't know if he planned to cut it down completely. I stepped outside and noticed that most branches were already cut down and confronted the neighbor"

The neighbor was on OP's property.
"Most branches" means not just the ones that might grow over the neighbor's property. And, as Q pointed out, you should only be pruning on your own side of the property line.

At the point where your neighbor is on your property pruning with wild abandon, the ship has sailed on "calm conversation". Implements that can cut tree branches can be used to harm humans.

It is reasonable for OP, after confronting with the trespassing vandal, to contact police (report) and arborist (assess damage).

Yulia sure seems to be approaching the illegal tree trimming in a reasonable manner. What Yulia has done so far is exactly what most of us would have recommended s/he do.

 

[LdiJ]

Can you provide some clarity on "butchered the tree?" Did he only cut branches that would encorach on his property?

How big was/is the Butterfly Cassia. The varieties I see around my area are more of a shrub than a tree.

Since you do not know if the neighbor intended to cut down the tree rather than encroach branches, I am guessing you did not have a calm conversation. Perhaps that would be a start. Find out the issue, and try to come to a resolution. Maybe you can move the problem tree or your neighbor can buy a new tree or two to plant somewhere else on your property.

Neighbor jumped the fence to butcher the tree. That is not allowed under any circumstances. Yes, a person can trim branches that encroach on their property, but they cannot cut past the property line under any circumstances. Past the property line there is legally no encroachment. Yulia said that they were already reaching over the fence to cut past the property line, which was already a no-no. This time they stepped way over the line.

The tree is not the problem, the entitled neighbor is the problem.

 

[quincy]

… a person can trim branches that encroach on their property but they cannot cut past the property line under any circumstances. Past the property line there is legally no encroachment. Yulia said that they were already reaching over the fence to cut past the property line, which was already a no-no. This time they stepped way over the line….

Re. the bolded. Neighbors can trim tree branches that encroach on their property only if in doing so they don’t kill the tree.