pinksunshine
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Post by pinksunshine on Oct 8, 2012 12:52:02 GMT -5
My house is next to a small condo building. Our yard is lined with trees. One guy who lives next door is obsessed with the tree branches that hang over the property line. A few weeks back, he took it upon himself to begin trimming the branches and cut off his finger. When he got home from the hospital, he went right back to this tree to finish the job! Ever since, he's been bothering my husband to take the tree down. He told him no. While we were at work one day he took down half the tree, leaving an ugly stump in its place. He again asked my husband to take down the tree and my husband told him no. He's worried that when it snows the tree might be weighted down and fall on the property. Keep in mind, next door is a small condo building where 5 other people live, none of them have an issue with this tree. Supposedly they have an association too and we haven't heard anything from them as a group on this subject, only the crazy guy. Well, today the neighbor climbed up on a ladder and again, started sawing away at our tree. My husband went out and yelled at him to stop and the guy told him that we agreed to this! No, we sure didn't. Especially not after we watched him cut off his finger because he doesn't know what he's doing. This tree is on our property line. How can we get him to stop? Right now half of the tree is gone and it looks terrible, not to mention I have no idea what kind of real damage he's done.
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thyme4change
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Post by thyme4change on Oct 8, 2012 12:54:29 GMT -5
In our state, if a tree hangs over the property line and into another person's yard, it is their duty to keep that half of the tree trimmed. He might be perfectly within his rights/responsibilities to keep it trimmed, even if he is going a bad job at the trimming. Property line trees can be tricky.
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pinksunshine
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Post by pinksunshine on Oct 8, 2012 12:55:30 GMT -5
But it isn't his yard. He lives in a condo and none of the other residents have agreed to this. Not that we know of.
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hoops902
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Post by hoops902 on Oct 8, 2012 12:55:51 GMT -5
The tree might be on your property line, but if so, the neighbor has every right to trim off the branches at the property line.
Now that's assuming he's got the authority to act on behalf of the condo. But your trees don't get to grow onto other people's property without them being able to trim them back to the property linein most cases.
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hoops902
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Post by hoops902 on Oct 8, 2012 12:56:36 GMT -5
But it isn't his yard. He lives in a condo and none of the other residents have agreed to this. Not that we know of. Most likely that's between the residents and him. I presume it is his yard, it's also the rest of their yards.
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thyme4change
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Post by thyme4change on Oct 8, 2012 12:58:39 GMT -5
Do they have shared ownership of the yard? If the branches of your tree are growing outside of your property lines, then it ceases to be your tree (at least your limbs.) Just because he lives in a shared property doesn't mean you get to grow whatever you want on their side.
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pinksunshine
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Post by pinksunshine on Oct 8, 2012 12:59:43 GMT -5
But he isn't stopping at trimming branches. He's trimmed the tree down to the stump. There is half a tree left and he still won't leave it alone. None of it is now on the neighbors property. And this is a big tree we are talking about.
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swamp
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Post by swamp on Oct 8, 2012 13:00:36 GMT -5
The adjoining property owner has the right to trim the branches that hang into the other yard. Whether or not he has authority to act on behalf of the HOA is another matter.
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thyme4change
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Post by thyme4change on Oct 8, 2012 13:00:38 GMT -5
Ask the condo association to meet with you and discuss the tree. Get the agreement in writing.
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swamp
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Post by swamp on Oct 8, 2012 13:01:09 GMT -5
But he isn't stopping at trimming branches. He's trimmed the tree down to the stump. There is half a tree left and he still won't leave it alone. None of it is now on the neighbors property. And this is a big tree we are talking about. so have him arrested for trespass.
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pinksunshine
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Post by pinksunshine on Oct 8, 2012 13:02:40 GMT -5
It might come to that. The last thing we want to do is fight with the neighbors but we have told him repeatedly not to do this. The president of the association has also told my husband many times that they've had issues with this guy having work done that isn't authorized.
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shanendoah
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Post by shanendoah on Oct 8, 2012 13:04:47 GMT -5
In my state, also, a person can trim any part of a tree that crosses a property line. (I think I live next door to your crazy neighbor's Nigerian family- with a note that my neighbors may or may not be Nigerian- they are definitely recent immigrants from Africa, though.) When the developer for the house next door to ours bought the land, he clearcut right to the property line, including taking down a couple of lovely old growth bushes that had formed a natural fence, and half of a giant stand of evergreens. Luckily, he thne built a fence right up against the stand of evergreens, so no one can see the ugly stump. He then either got special dispensation or violated property laws by building the house too close to the property line. Now, my neighbors constantly want us to trim the trees, or cut down the trees, or complain that in another snow or ice strom, the evergreens may hit their house. We constantly tell them "NO". We like our trees. We have told them on the one bush that they are free to trim any of the branches that cross the property line. As for if the evergreen goes down into their house, not our problem- not even our insurance's problem. Joy of the other house being built too close to the property line- whether it was done legally or not, is that they are then responsible for any damage to the house from our trees, since we're not the ones outside the law.
At this point, I would actually contact the HOA and make a complaint to them about one of their tenants. You might also want to consider contacting the police, as I believe what he is doing is both trespassing and vandalism (if he is actually cutting parts of the tree that are on your side of the property line).
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hoops902
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Post by hoops902 on Oct 8, 2012 13:07:12 GMT -5
::whether it was done legally or not, is that they are then responsible for any damage to the house from our trees, since we're not the ones outside the law.::
They're not outside the law if they did it legally. Though it probably doesn't matter since acts of God wouldn't be your responsibility anyways.
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pinksunshine
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Post by pinksunshine on Oct 8, 2012 13:10:20 GMT -5
I like the idea of the association asking us as a whole in writing but they won't because they know he's nuts. They've told my husband that they can hear him screaming and yelling at the top of his lungs when he's home by himself. Trouble is, my husband doesn't like confrontation but I don't think this guy is giving us a choice. Our house was vacant for 2 years before we moved in. I can't figure out why crazy guy didn't do all this landscaping then. Also, the association put up on a fence separating the property before we moved in. But only halfway thru the yard (it's a huge yard, and the trees line the property towards the back). If they had continued on, he would not be able to access where he is, therefore he is most definitely trespassing. His ladder is still in our yard. I took pictures of it.
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hoops902
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Post by hoops902 on Oct 8, 2012 13:10:41 GMT -5
I can understand where bushes might cause problems, but what's the problem with the tree? Is it the leaves, that will blow all over, anyway? I would think that the shade would benefit everyone? Leaves, branches, not everyone wants their yard to be shaded, irrational fear of branches falling and causing damage, control issues, etc.
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973beachbum
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Post by 973beachbum on Oct 8, 2012 13:10:57 GMT -5
It might come to that. The last thing we want to do is fight with the neighbors but we have told him repeatedly not to do this. The president of the association has also told my husband many times that they've had issues with this guy having work done that isn't authorized. Then they have told you, and his actions have clearly told you, that he isn't going to stop until that tree is down. Truthfully you would have been better of, if you really liked the tree, to take action before he chopped half of it off because it will likely die from it. But you really should file charges so that he doens't come onto your property again, and chop off his whole hand, and then sue you for damages. He really does probably need to be told by the cops to stay off your property otherwise he is going to just keep doing what he has always done, and nothing you say will stop him. Just my 2 cents. Good luck!
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swamp
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Post by swamp on Oct 8, 2012 13:11:01 GMT -5
put his ladder in your garage.
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hoops902
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Post by hoops902 on Oct 8, 2012 13:11:46 GMT -5
I like the idea of the association asking us as a whole in writing but they won't because they know he's nuts. They've told my husband that they can hear him screaming and yelling at the top of his lungs when he's home by himself. Trouble is, my husband doesn't like confrontation but I don't think this guy is giving us a choice. Our house was vacant for 2 years before we moved in. I can't figure out why crazy guy didn't do all this landscaping then. Also, the association put up on a fence separating the property before we moved in. But only halfway thru the yard (it's a huge yard, and the trees line the property towards the back). If they had continued on, he would not be able to access where he is, therefore he is most definitely trespassing. His ladder is still in our yard. I took pictures of it. Fences are not always on the property line. That's not going to be enough to establish trespassing among neighbors.
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thyme4change
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Post by thyme4change on Oct 8, 2012 13:11:51 GMT -5
He is afraid it will fall over and kill him.
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swamp
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Post by swamp on Oct 8, 2012 13:14:55 GMT -5
roundup won't work on a big tree. bleach works.
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973beachbum
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Post by 973beachbum on Oct 8, 2012 13:15:46 GMT -5
I can understand where bushes might cause problems, but what's the problem with the tree? Is it the leaves, that will blow all over, anyway? I would think that the shade would benefit everyone? If it is just leaves etc they don't like then they really need to decide if that is where they really want to live if it is a tree filed area. If it is an older tree or one in poor health it could fall down and not just cause property damange. Lots of people die every year from falling trees.
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973beachbum
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Post by 973beachbum on Oct 8, 2012 13:16:35 GMT -5
put his ladder in your garage. I was thinking the same thing. ;D
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swamp
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Post by swamp on Oct 8, 2012 13:18:19 GMT -5
I don't know how it works, you just pour it at the base of the tree at the begining of the root system. Round up isn't powerful enough for big trees.
Brush B Gone works too.
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Bluerobin
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Post by Bluerobin on Oct 8, 2012 13:19:16 GMT -5
Buy this guy a few power tools, and hope he offs himself.
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pinksunshine
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Post by pinksunshine on Oct 8, 2012 13:21:21 GMT -5
He's a control freak. We had a tree in our yard that was struck by lightning before we moved in. The president of the assoc came to us and asked us to have it taken down, as they were afraid it would fall on their garage. We agreed. We also took down another tree that they claimed caused a blind spot. We have a pine tree in the front yard that's ugly. That's it. It's ugly. Crazy guy came to my husband (after we spent a few thousand taking trees down already) and said "what are you going to do about that tree?" My husband told him we weren't taking it down. Periodically he bugs him about it still. Then he became obsessed with this tree in the backyard. Again, he cut off his finger trimming branches, went to the hospital, then came home and immediately went out back to finish the job! And this tree is nowhere near the building, it's in the back of the yard.
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973beachbum
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Post by 973beachbum on Oct 8, 2012 13:22:44 GMT -5
If it is just leaves etc they don't like then they really need to decide if that is where they really want to live if it is a tree filed area. If it is an older tree or one in poor health it could fall down and not just cause property damange. Lots of people die every year from falling trees. If that's the case, then yes, I understand. However didn't catch that being the case with OP's tree. I don't know about before but after cutting half of it off it probably doesn't have long to live now. He may just know someone who was killed by a falling tree and now is scared of one falling on him. At this point the tree may be a gonner. Leaving it up half dead would only prove him right when it does come down on him. Is that hysterical or just ironic?
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swamp
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Post by swamp on Oct 8, 2012 13:23:32 GMT -5
both.
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pinksunshine
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Post by pinksunshine on Oct 8, 2012 13:23:44 GMT -5
and I would like to point out that I've met everyone else in the building and they are great people. But this guy, if I see him in the yard and smile at him he just frowns at me.
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pinksunshine
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Post by pinksunshine on Oct 8, 2012 13:30:07 GMT -5
and I want to make sure that if the tree does die, or he falls off the ladder onto our yard and kills himself, we are not held responsible for it.
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pinksunshine
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Post by pinksunshine on Oct 8, 2012 13:30:49 GMT -5
he looks like he's in his early 50s. I'm no doctor, but I would bet he's OCD. Also, he was in the military and possibly suffering from PTSD
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