Neighbor butchered the tree

[FarmerJ]

By chance do you have any pictures of the tree when it was in tact? its possible that if you did it would give a judge a before and after view.

 

[Yulia Getmanenko]

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.

The damage is quite excessive and unrepairable.

 

[quincy]

The damage is quite excessive and unrepairable.

I’m sorry to hear that.

I hope you can recover from your neighbor all of the costs for a replacement tree, plus your costs in having an arborist out to evaluate the condition of the tree.

You can file a small claims suit against your neighbor if, after you present the neighbor with your receipts and demand payment, the neighbor refuses to pay.

 

[not2cleverRed]

The damage is quite excessive and unrepairable.

I was just thinking, given how dismissive the responding officer was, did they even file a proper report?

Couldn't hurt to verify.

I'm concerned that this bizarre behavior may escalate, so do everything you can to document this.

 

[quincy]

I was just thinking, given how dismissive the responding officer was, did they even file a proper report?

Couldn't hurt to verify.

I'm concerned that this bizarre behavior may escalate, so do everything you can to document this.

I agree that it is puzzling that the police appear to have done nothing - although Yulia does say there is “a case open” with the police. If the tree is as damaged as Yulia says, that’s definitely vandalism.

Maybe Yulia should just jump right to a lawsuit. That might be the best way to get the neighbor’s attention.

 

[adjusterjack]

The officers said it would be tricky to press charges on trespassing

That's just laziness.

 

[quincy]

That's just laziness.

The easier charge would, admittedly, be vandalism.

 

[Yulia Getmanenko]

This all happened less than 12 hours ago on Saturday. I have not heard from the tree service company yet.
[/QU

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.

Most of the tree is gone. The only reason a couple of branches survived is because I stepped outside and stopped the neighbor. The Arborist estimated the damage and losses of about 12 K.

 

[quincy]

Wow. $12,000! I have a feeling that your neighbor is not going to agree willingly to paying that.

I would submit a claim to your insurance. Small claims suits, as a note, have a claims limit of $8000.

Small claims: https://help.flcourts.gov/Other-Resources/Small-Claims

 

[not2cleverRed]

That makes it felony criminal mischief if your local PD were competent.

 

[quincy]

That makes it felony criminal mischief if your local PD were competent.

Here is a link to Florida’s Criminal Mischief statute:

https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0806/Sections/0806.13.html

Yulia might want to run a copy of the statute to the police department, along with the arborist’s report, to attach to the police complaint already filed.

 

[adjusterjack]

Wow. $12,000! I have a feeling that your neighbor is not going to agree willingly to paying that.

I would submit a claim to your insurance. Small claims suits, as a note, have a claims limit of $8000.

Small claims: https://help.flcourts.gov/Other-Resources/Small-Claims

I wouldn't pay it. I'd let her sue me. By the time it got into court I would have photos of a healthy tree with regrowth. That's what trees do.

 

[quincy]

I wouldn't pay it. I'd let her sue me. By the time it got into court I would have photos of a healthy tree with regrowth. That's what trees do.

Some trees do that. Lahaina’s historic banyan tree is showing new growth a year after the devastating Maui fire, for example.

Other trees die - or what remains of the tree after chopping off main branches makes the tree an eyesore in the yard rather than an asset.

Yulia’s neighbor could very well approach any demand for money as you would. I wouldn’t count on the tree being healthy with new growth by the time of a court hearing, though. And any photos of a recovering tree could also work against the neighbor by illustrating the neighbor’s trespass and vandalism.