neighbor hacked my tree!

[kmomof6]

What is the name of your state? RI

My neighbor wrote a mildly threatening letter to us several weeks back pretty much demanding that we remove two trees near the property line. We had the trees checked to make sure they were healthy, and as they are, we declined to remove them. Today, he was out there with a chainsaw hacking off branches. My understanding is that he can legally remove branches that overhang his property to the property line, but that he cannot do anything to compromise the integrity of the tree, right? Well, he removed, sloppily, all of the branches on his side of the tree, plus at least 7 large branches that are on my side of the property line. The tree will likely die because of his hack job. His ladder was against the tree in such a way that the top of it was on my property. I didn't notice what he was doing until he was nearly done, so rather than confront an angry man with a chainsaw, I took pictures showing clearly that HE was the one doing it, that his ladder was on my property, and that several of the branches that he removed were also on my property.

Questioin is....what next? Do I get a lawyer and sue this guy, or do I file a criminal complaint? Or do I just point out to him the error of his ways and try to get him to do the right thing (pay for removal and replacement of the tree?) What exactly are my rights here?

Thanks!

 

[kmomof6]

can noone help me?

 

[lcannister]

Your rights WERE to have kept the tree trimmed yourself and this would not have happened. The neighbor even warned you in a letter.

He had every right to trim anything hanging over his property but not yours.

but that he cannot do anything to compromise the integrity of the tree

I am with him/her though if that much cutting was necessary perhaps it is time to eliminate the trees.

See an Atty if you want specific laws pertaining to your 'hood.

 

[OHlandlord]

I suggest having a certified arborist look at the trees. He can render a professional opinion about those trees - if they will recover, how much damage the neighbor did, what is the value of the trees, etc. Get this in writing from the arborist and have him provide a copy of his credentials. While the neighbor is allowed to remove any overhanging branches, he is not allowed to touch anything that is on your side of the tree. If the tree dies because of his trimming, he may be liable for the value of the trees. Keep your photos and this arborist's paperwork in case you need to sue.

I have seen neighbors remove everything on their side of a tree before. One I can think of is across the street from my mother. The tree is about 40' tall. One side of the tree is absolutely bare. The other is full and green. The tree looked awful, but it did recover. Other trees I have seen this done to are next to a local road. The county has trimmed each tree to remove any branches that overhang the road. (Eventually after doing this for years, these trees have almost all died from the continual cutting.) An arborist could tell you if yours will recover too. If not, he could remove the trees.

 

[kmomof6]

But, Icannister, the tree was there long before either of us bought our houses. He wanted us to remove it because he claimed it was unhealthy. He was wrong, the tree was in fine shape. This is a 40 foot pine tree, which my husband kept in good shape by removing any branches that tried to grow below the 15-foot mark. Anyway, I've consulted a lawyer who says that we should file a criminal complaint (tresspass and malicious damage.) I guess we'll go from there.

 

[kmomof6]

Thanks OHlandlord. We'll have the same arborist come out who came out the first time to see if the tree has any chance of recovering. Our lawyer advised us to file a criminal complaint, but my husband is hesitant to do this. It breaks my heart that someone would do this to a tree. He could have at least had someone do the trimming who knew what he was doing.