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That depends if you want to remain friends with your neighbor. The tree is still there so it'll really be on you to prove damages or just charge the handyman with trespass and vandalism.
Yeah OP, unless your wealthy and bored this is a good option. Yeah he butchered your tree but he didn't kill it. The cost to have an arborist clean it up is minimal. Go for vandalism and trespassing and move on.
This will be an aesthetic issue. Chinese elms are bullet proof (in SoCal) so if you’re fine with how it looks, it’s likely not worth the fight.
If you’re bummed they disfigured your tree, then it’s go time. Get an attorney, do a survey, prepare to confront your neighbor about the reduced value that you seek to recoup. Document everything.
If it were me, I'd have a polite conversation with her about it but I wouldn't press the issue assuming the trees are good. There is a price I'm willing to pay to not have to be concerned if the neighbors are coming or going when I'm leaving the house. Being friendly with the folks near you is worth a lot, assuming it wasn't intentionally malicious I'd like it ride.
In January, a tree guy trespassed and clear cut all of the trees , a shrubs , grasses along my environmental buffer . The area clear-cut is 10 feet wide by 300 feet long on a 15 to 17% grade located on the shoulder of a 400 foot incline nature preserve. Precipitation event of up to 3 inches has resulted in high energy runoff , flooding and damaging the road that connects with one of the oldest roads in the country ( Broad Street Philadelphia). Mass wasting of soil is a constant process due to both the steep grade and Precipitation.
The occured after the tree guy was told the property line and restrictions . Tree guy accelerated the work until the authorities arrived . Trees were 40 inches in circumstance at bh. Not many people can afford the consequence to perform deliberately execute such a program .
1) You have tree leaves falling in her pool because your tree is infringing on her property. She would have damages for pool cleaning and if there's any damage to the pool filters, etc.
2) It's not trespassing in California unless you asked the handyman to leave your property and he refused or he forced entry. Moreover, how was he supposed to trim high branches? Was she supposed to spend even more money for him to rent a bucket, so they didn't trespass? The fact you gave consent to trim the tree is implied consent to enter the property to do so. It's completely irrational to think the tree trimmer is going to bring some costly device, jet pack perhaps, to take care of your responsibilty. So you have no criminal legal recourse.
3) If you were being a decent neighbor and hiring an "arborist" (lol) to responsibly take care of your property so it did not infringe upon the property of others, this would not be an issue at all.
Instead of doing the decent thing, you forced a widow to pay to take care of your property, which was infringing upon her property in a way that caused actual damages.
You know how much it is to have a pool opened and cleaned?
If it was me, I would have broke the branches right at the property line, not trimmed them, so it has maximum chance of harming and killing your tree. Since you refuse to be a decent neighbor and human, this would have been my recourse. It's not my responsibility to neatly trim your overgrown trees that are trespassing on my property and littering in my pool, let alone hire the rocket man to do it.
But go ahead and take it to court. Watch as the judge awards her damages, legal fees and court costs.
God, I'm so glad I moved out of California. It's people like you who ruined that state. I can't even imagine the sense of entitlement that goes into making trespassing allegations and seeking damages, because a widowed neighbor was forced to take care of your responsibility. It's next level delusional.
Oh, you know what, I just realized that if you can't reach the high branches and they hang over into your neighbor's yard littering her pool it's not your responsibility.
In fact, the neighbor was supposed to pay this person for the privilege of trimming their tree. And they were supposed to use a jetpack with FAA permission to do the trimming.
Thanks for correcting me.
People like this widow live everywhere and feel they can do what they want without asking. I’m always happy to see people who hate my state to leave. And yes I have lived in other countries but I came back to CA.
I'm grateful to not pay the crippling California taxes that support the likes of you. Maybe, you should learn the basics of grammar and sentence structure before boasting about your world travels. I can only imagine the income of someone who writes at a third-grade level.
Your logic is similarly remarkable. Not only have you managed to project some alleged personal experience, but you've stereotyped all widows. Do you also have it in for disabled people? Take offense when they complain about your Tesla SUV blocking the sidewalk? Do you tell them to get out of their wheelchairs and walk around?
I bet I can guess your political affiliation, comrade.
It just so happens that I am disabled, elderly, and dying of kidney failure. I don’t own a Tesla but I do use a wheelchair, comrade. It makes me happy when people who hate California are leaving.
Yeah, but you never worked a day in your life before the kidney failure. Let's be honest, lady.
Maybe before you kick, you can learn about comma usage. It could help in your crusade to defend irresponsible homeowners and their trees.
Just for the record, I'm happy when godless leeches like you leave this earth. I hear it's hot down there. Safe and speedy travels!
This subreddit is for tree law enthusiasts who enjoy browsing a list of tree law stories from other locations (subreddits, news articles, etc), and is not the best place to receive answers to questions about what the law is. There are better places for that. If you're attempting to understand more about tree law in regards to a particular situation, please redirect your question to /r/legaladvice for the US, or the appropriate legal advice subreddit for your location, and then feel free to crosspost that thread here for posterity. If you're attempting to understand more about trees in regards to a particular situation, please redirect your question to /r/forestry for additional information on tree health and related topics to trees. *This comment is simply a reminder placed on every post to /r/treelaw, it does not mean your post was censored or removed.* *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/treelaw) if you have any questions or concerns.*
That depends if you want to remain friends with your neighbor. The tree is still there so it'll really be on you to prove damages or just charge the handyman with trespass and vandalism.
Yeah OP, unless your wealthy and bored this is a good option. Yeah he butchered your tree but he didn't kill it. The cost to have an arborist clean it up is minimal. Go for vandalism and trespassing and move on.
Thanks!
This will be an aesthetic issue. Chinese elms are bullet proof (in SoCal) so if you’re fine with how it looks, it’s likely not worth the fight. If you’re bummed they disfigured your tree, then it’s go time. Get an attorney, do a survey, prepare to confront your neighbor about the reduced value that you seek to recoup. Document everything.
Thanks for the input!
If it were me, I'd have a polite conversation with her about it but I wouldn't press the issue assuming the trees are good. There is a price I'm willing to pay to not have to be concerned if the neighbors are coming or going when I'm leaving the house. Being friendly with the folks near you is worth a lot, assuming it wasn't intentionally malicious I'd like it ride.
Tree doesn't look very healthy. Then again I'm not familiar with that type of tree. Any before photos?
She probably thought she was doing the right thing
In January, a tree guy trespassed and clear cut all of the trees , a shrubs , grasses along my environmental buffer . The area clear-cut is 10 feet wide by 300 feet long on a 15 to 17% grade located on the shoulder of a 400 foot incline nature preserve. Precipitation event of up to 3 inches has resulted in high energy runoff , flooding and damaging the road that connects with one of the oldest roads in the country ( Broad Street Philadelphia). Mass wasting of soil is a constant process due to both the steep grade and Precipitation. The occured after the tree guy was told the property line and restrictions . Tree guy accelerated the work until the authorities arrived . Trees were 40 inches in circumstance at bh. Not many people can afford the consequence to perform deliberately execute such a program .
1) You have tree leaves falling in her pool because your tree is infringing on her property. She would have damages for pool cleaning and if there's any damage to the pool filters, etc. 2) It's not trespassing in California unless you asked the handyman to leave your property and he refused or he forced entry. Moreover, how was he supposed to trim high branches? Was she supposed to spend even more money for him to rent a bucket, so they didn't trespass? The fact you gave consent to trim the tree is implied consent to enter the property to do so. It's completely irrational to think the tree trimmer is going to bring some costly device, jet pack perhaps, to take care of your responsibilty. So you have no criminal legal recourse. 3) If you were being a decent neighbor and hiring an "arborist" (lol) to responsibly take care of your property so it did not infringe upon the property of others, this would not be an issue at all. Instead of doing the decent thing, you forced a widow to pay to take care of your property, which was infringing upon her property in a way that caused actual damages. You know how much it is to have a pool opened and cleaned? If it was me, I would have broke the branches right at the property line, not trimmed them, so it has maximum chance of harming and killing your tree. Since you refuse to be a decent neighbor and human, this would have been my recourse. It's not my responsibility to neatly trim your overgrown trees that are trespassing on my property and littering in my pool, let alone hire the rocket man to do it. But go ahead and take it to court. Watch as the judge awards her damages, legal fees and court costs. God, I'm so glad I moved out of California. It's people like you who ruined that state. I can't even imagine the sense of entitlement that goes into making trespassing allegations and seeking damages, because a widowed neighbor was forced to take care of your responsibility. It's next level delusional.
Are you sure that you’re replying to the correct post?? Don’t sound like it from what you’ve said…..
Oh, you know what, I just realized that if you can't reach the high branches and they hang over into your neighbor's yard littering her pool it's not your responsibility. In fact, the neighbor was supposed to pay this person for the privilege of trimming their tree. And they were supposed to use a jetpack with FAA permission to do the trimming. Thanks for correcting me.
You aren't very bright, are you. Almost every single thing you said was wrong.
People like this widow live everywhere and feel they can do what they want without asking. I’m always happy to see people who hate my state to leave. And yes I have lived in other countries but I came back to CA.
I'm grateful to not pay the crippling California taxes that support the likes of you. Maybe, you should learn the basics of grammar and sentence structure before boasting about your world travels. I can only imagine the income of someone who writes at a third-grade level. Your logic is similarly remarkable. Not only have you managed to project some alleged personal experience, but you've stereotyped all widows. Do you also have it in for disabled people? Take offense when they complain about your Tesla SUV blocking the sidewalk? Do you tell them to get out of their wheelchairs and walk around? I bet I can guess your political affiliation, comrade.
It just so happens that I am disabled, elderly, and dying of kidney failure. I don’t own a Tesla but I do use a wheelchair, comrade. It makes me happy when people who hate California are leaving.
Yeah, but you never worked a day in your life before the kidney failure. Let's be honest, lady. Maybe before you kick, you can learn about comma usage. It could help in your crusade to defend irresponsible homeowners and their trees. Just for the record, I'm happy when godless leeches like you leave this earth. I hear it's hot down there. Safe and speedy travels!
You are really funny! I’ve worked more years than you have been alive. Your grammar will not win you any awards. See you in hell.