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.

 

[Yulia Getmanenko]

I In previous years, they cut the branches that would be over their property and often reached a couple feet beyond their property lines. This year, the neighbor climbed over the fence with a chainsaw and cut most of the tree before I noticed him and stopped him. There are multiple thicker trunks, he cut all the small branches with leaves and flowers off the main tree trunks. There are only a couple of branches with green leaves and flowers left. What is left is bare 5-6 foot trunks. He was cutting it down. I just stepped outside before he finished. I had a calm conversation with him as I was in shock and was almost crying as the damage to the tree is devastating. The tree was blooming and supporting wildlife. I took a video of the neighbor climbing back to his property (this was the first time I actually saw this person), called the police, and will have arborist's tree assessment.
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.

 

[quincy]

Taking a chainsaw onto your property to “trim” your tree is a clear violation of the law. It was smart of you to take a video of your neighbor climbing over the fence from your property to his.

If you have the time to post back later, I would be interested in hearing what the arborist’s assessment is on the tree damage.

 

[adjusterjack]

called the police

Good.

What did the police say or do?

If you are asked if you will cooperate with prosecution, say yes. The neighbor deserves it. Trespassing and vandalism are both crimes.

 

[Yulia Getmanenko]

Thank you for providing your state name, Yulia.

The arborist should be able to tell you if your tree can recover from your neighbor’s butchering of it, and the arborist also could give you an estimated cost of replacement, for insurance purposes and for use if you find you must sue your neighbor.

The arborist's report should be ready today or tomorrow. "The tree is hurting a lot"...

 

[Yulia Getmanenko]

Good.

What did the police say or do?

If you are asked if you will cooperate with prosecution, say yes. The neighbor deserves it. Trespassing and vandalism are both crimes.

The officers said it would be tricky to press charges on trespassing as there are no "No Trespassing" signs (there are now) and we don't have a fence between FPL easement and our property at the stretch were several trees grow.

 

[quincy]

The arborist's report should be ready today or tomorrow. "The tree is hurting a lot"...

I hope the tree survives. You should gather up replacement cost estimates for the type and size of tree in the meantime, in case it’s necessary for a civil action against your neighbor.

 

[Yulia Getmanenko]

I hope the tree survives. You should gather up replacement cost estimates for the type and size of tree in the meantime, in case it’s necessary for a civil action against your neighbor.

The Arborist report should include all the costs, including replacement, clean up (all the branches are not scattered around on our property and the FPL easement), etc. It hurts to go to that part of the yard as I know the tree is hurting and all I see are the short leafless bare trunks instead of full crown of yellow flowers.

 

[quincy]

The Arborist report should include all the costs, including replacement, clean up (all the branches are not scattered around on our property and the FPL easement), etc. It hurts to go to that part of the yard as I know the tree is hurting and all I see are the short leafless bare trunks instead of full crown of yellow flowers.

The cassia trees are beautiful in full bloom. The neighbor should be cited by the police for both trespassing and vandalism. It seems clear from what you have described that the neighbor committed crimes.