thyme4change
Community Leader
Joined: Dec 26, 2010 13:54:08 GMT -5
Posts: 40,403
|
Post by thyme4change on Oct 8, 2012 13:32:12 GMT -5
Get a lawyer to send a letter telling him not to trim the tree.
|
|
swamp
Community Leader
Don't be a fool. Call me!
Joined: Dec 19, 2010 16:03:22 GMT -5
Posts: 45,310
|
Post by swamp on Oct 8, 2012 13:34:22 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 or maybe he's just an asshole.
|
|
pinksunshine
New Member
Joined: Jun 21, 2011 8:50:08 GMT -5
Posts: 27
|
Post by pinksunshine on Oct 8, 2012 13:34:25 GMT -5
I think what we will do is next time we catch him in the yard, we will call the non emergency police line and file a report. I'd like to do that now but my husband doesn't want to. My husband is going to talk to the president of the association again though.
|
|
Chocolate Lover
Distinguished Associate
Joined: Dec 17, 2010 15:54:19 GMT -5
Posts: 23,200
|
Post by Chocolate Lover on Oct 8, 2012 13:38:49 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. Does it kill stuff nearby too? I have a couple of things I'd like to die and stay dead but one is near my azalea bush and I want it to live.
|
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,865
|
Post by zibazinski on Oct 8, 2012 13:39:39 GMT -5
Actually, he has the right to cut what comes over the property line but he does not have the right to kill the tree and if he does, he can be held liable for damages. That is why we hired a professional when our neighbors tree hung over our property, new fence, and pool. After he hacked it so much that it was shocking to look at, the tree owners kept it trimmed. But we told them either they did it or we would. I think they thought we were bluffing. But if the trimming had killed the tree, the pro would have been liable, not us.
|
|
swamp
Community Leader
Don't be a fool. Call me!
Joined: Dec 19, 2010 16:03:22 GMT -5
Posts: 45,310
|
Post by swamp on Oct 8, 2012 13:39:40 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. Does it kill stuff nearby too? I have a couple of things I'd like to die and stay dead but one is near my azalea bush and I want it to live. If you keep the spray restricted to the thing you want dead, you should be OK.
|
|
Chocolate Lover
Distinguished Associate
Joined: Dec 17, 2010 15:54:19 GMT -5
Posts: 23,200
|
Post by Chocolate Lover on Oct 8, 2012 13:43:42 GMT -5
Does it kill stuff nearby too? I have a couple of things I'd like to die and stay dead but one is near my azalea bush and I want it to live. If you keep the spray restricted to the thing you want dead, you should be OK. Spray?? I was just gonna take the gallon out and some on it.
|
|
swamp
Community Leader
Don't be a fool. Call me!
Joined: Dec 19, 2010 16:03:22 GMT -5
Posts: 45,310
|
Post by swamp on Oct 8, 2012 13:44:18 GMT -5
that works too.
|
|
whoami
Well-Known Member
Joined: Jan 8, 2011 12:43:49 GMT -5
Posts: 1,292
|
Post by whoami on Oct 8, 2012 13:44:54 GMT -5
We had a big tree debate with similar issues between my next door neighbor and the house behind her that went on virtually all summer. The cops were ultimately called after multiple incidents and the screaming and nonsense stopped. The tree is still there.
|
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 63,464
|
Post by Tennesseer on Oct 8, 2012 13:49:47 GMT -5
I foresee a full hour of The People's Court with Judge Marilyn Milian over this tree.
|
|
thyme4change
Community Leader
Joined: Dec 26, 2010 13:54:08 GMT -5
Posts: 40,403
|
Post by thyme4change on Oct 8, 2012 13:53:26 GMT -5
My family has a saying...
{{{some spanish rambling}}}
it pretty much means - keep your tree on your side, and don't touch other people's side.
Ahhhh - I love her.
|
|
pinksunshine
New Member
Joined: Jun 21, 2011 8:50:08 GMT -5
Posts: 27
|
Post by pinksunshine on Oct 8, 2012 13:56:40 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 or maybe he's just an asshole. Entirely possible
|
|
pinksunshine
New Member
Joined: Jun 21, 2011 8:50:08 GMT -5
Posts: 27
|
Post by pinksunshine on Oct 8, 2012 13:58:39 GMT -5
I love Peoples Court. I watch it every day. Ironically enough, we had a huge to do with the guy we hired to take down the other trees I mentioned. I looked into suing him and applying to be on that show. Thankfully, we were able to resolve it before I filed.
|
|
Wisconsin Beth
Distinguished Associate
No, we don't walk away. But when we're holding on to something precious, we run.
Joined: Dec 20, 2010 11:59:36 GMT -5
Posts: 30,626
|
Post by Wisconsin Beth on Oct 8, 2012 14:14:16 GMT -5
Actually, he has the right to cut what comes over the property line but he does not have the right to kill the tree and if he does, he can be held liable for damages. That is why we hired a professional when our neighbors tree hung over our property, new fence, and pool. After he hacked it so much that it was shocking to look at, the tree owners kept it trimmed. But we told them either they did it or we would. I think they thought we were bluffing. But if the trimming had killed the tree, the pro would have been liable, not us. Well, this would be kind of a sticky situation, then. You can cut whatever comes onto your property, but if cutting it endangers the tree, you can't do it? How would you know? I think cutting 1/2 of the truck = endangering the tree
|
|
hoops902
Senior Associate
Joined: Dec 22, 2010 13:21:29 GMT -5
Posts: 11,978
|
Post by hoops902 on Oct 8, 2012 14:15:37 GMT -5
I love Peoples Court. I watch it every day. Ironically enough, we had a huge to do with the guy we hired to take down the other trees I mentioned. I looked into suing him and applying to be on that show. Thankfully, we were able to resolve it before I filed. I was "friendly" with a girl who was on People's Court once. Her show aired while we were "friends" and she told me to go watch it (never would have seen it without her telling me when it would be on). Never talked to her again, it was bad.
|
|
happyhoix
Distinguished Associate
Joined: Oct 7, 2011 7:22:42 GMT -5
Posts: 20,886
|
Post by happyhoix on Oct 8, 2012 14:18:46 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? Leaves, branches, not everyone wants their yard to be shaded, irrational fear of branches falling and causing damage, control issues, etc. I had a neighbor who was terrified of fires. She had the lower limbs of all the trees in her yard cut off, and cut off some of our trees, too. But just the limbs that hung over her yard. She thought too many limbs on a tree made the more likely to catch the house on fire.
|
|
Formerly SK
Senior Member
Joined: Feb 27, 2011 14:23:13 GMT -5
Posts: 3,255
|
Post by Formerly SK on Oct 8, 2012 14:29:04 GMT -5
We have a five-story fir tree in our front yard. When we bought the house 2.5 years ago our neighbor started talking to us about cutting it down. I don't know I've ever had a conversation with him where he hasn't brought up how it's so big and all alone and could fall over in the right wind storm blah blah blah. It has totally made me paranoid about the tree. Last week I had an arborist over to get a quote on pruning a cherry tree and showed him the fir tree out front. He declared it healthy as an ox and would probably be around another 100 years. Totally made my day!
|
|
Peace Of Mind
Senior Associate
[font color="#8f2520"]~ Drinks Well With Others ~[/font]
Joined: Dec 17, 2010 16:53:02 GMT -5
Posts: 15,554
Location: Paradise
|
Post by Peace Of Mind on Oct 8, 2012 14:40:08 GMT -5
Well, this would be kind of a sticky situation, then. You can cut whatever comes onto your property, but if cutting it endangers the tree, you can't do it? How would you know? I think cutting 1/2 of the truck = endangering the tree The law here is you can trim a tree that overhangs over your property but you can not damage it. Removing 1/2 the tree is damaging it. I would hire a lawyer and have a letter sent for him to cease and desist damaging your personal property.
|
|
greenstone
Established Member
Joined: Jan 8, 2011 13:57:20 GMT -5
Posts: 353
|
Post by greenstone on Oct 8, 2012 14:44:00 GMT -5
Actually, he has the right to cut what comes over the property line but he does not have the right to kill the tree and if he does, he can be held liable for damages. That is why we hired a professional when our neighbors tree hung over our property, new fence, and pool. After he hacked it so much that it was shocking to look at, the tree owners kept it trimmed. But we told them either they did it or we would. I think they thought we were bluffing. But if the trimming had killed the tree, the pro would have been liable, not us. Well, this would be kind of a sticky situation, then. You can cut whatever comes onto your property, but if cutting it endangers the tree, you can't do it? How would you know? This is true where I live. You can cut the limbs and roots on your property as long as it doesn't impact the health of the tree. You can have the tree examined by a certified arborist. If they conclude the tree needs to be removed, then crazy guy needs to pay for the removal.
|
|
Mardi Gras Audrey
Senior Member
So well rounded, I'm pointless...
Joined: Dec 25, 2010 18:49:31 GMT -5
Posts: 2,082
|
Post by Mardi Gras Audrey on Oct 8, 2012 15:12:26 GMT -5
I thought that in most states, you are only allowed to trim the tree back to the property line where it overhangs. You also aren't supposed to damage it. He could be owing y'all a new tree if he cut half of it down (especially if he was trespassing on your property to do it).
Next time he is on your property, I would call the police (not 911 but the non-emergency line). I would also take video/pictures of him on your property and what he was doing.
It's sad that he is this crazy over a tree. When I used to own a home I had 2 large trees in my yard and my neighbor had one that came over the fenceline onto my roof (Our houses were very close together). I hired a tree specialist to come and trim my two trees (They were getting close to the house) and also had them trim the neighbor's tree back. Luckily, my neighbor was cool and gave permission to go into his yard so that the tree could be trimmed in the most healthy way. I got his tree off my roof and he got my tree to stop overhanging his driveway. Both trees were healthier and it made for a good neighborly relationship.
|
|
973beachbum
Senior Associate
Politics Admin
Joined: Dec 17, 2010 16:12:13 GMT -5
Posts: 10,501
|
Post by 973beachbum on Oct 8, 2012 15:13:18 GMT -5
I think cutting 1/2 of the truck = endangering the tree The law here is you can trim a tree that overhangs over your property but you can not damage it. Removing 1/2 the tree is damaging it. I would hire a lawyer and have a letter sent for him to cease and desist damaging your personal property. All waiting until he does it again, and he will, will do is get either him or the tree killed. You really need to explain that to your husband. Is he really okay with the lawsuit that will happen if the guy kills, or maims himself on your property? Or ithe lawsuit that will come if he kills the tree in such a way that it falls on someone or thing?
|
|
Mardi Gras Audrey
Senior Member
So well rounded, I'm pointless...
Joined: Dec 25, 2010 18:49:31 GMT -5
Posts: 2,082
|
Post by Mardi Gras Audrey on Oct 8, 2012 15:21:52 GMT -5
All waiting until he does it again, and he will, will do is get either him or the tree killed. You really need to explain that to your husband. Is he really okay with the lawsuit that will happen if the guy kills, or maims himself on your property? Or ithe lawsuit that will come if he kills the tree in such a way that it falls on someone or thing? I'd be concerned that he is just going to keep hacking it until it is dead. At that point, I'm sure he will "make you aware" of the fact that it is dead and you will be responsible for removing it because it is a hazard. If you don't remove it and it falls, won't you be liable because of your negligence in failing to remove a known hazard? I am not a lawyer and didn't stay at a Holiday Inn last night but I have seen some good People's court episodes about this suject. Judge Milian always says that if it falls on its own or due to an act of god, you aren't responsible. If the owner knew it was dead or was a hazard, then they are responsible for whatever damages it causes when it falls (and are responsible for removing it). Either way, that isn't a liability it sounds like you want.
|
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,865
|
Post by zibazinski on Oct 8, 2012 16:10:21 GMT -5
Yes, you can legally cut only to your property line but if you kill the tree, you're liable. Plus, you cannot ever trespass. That's why you hire someone who knows what they are dong, so the tree doesn't die. If it does, they pay for new tree.
|
|
pinksunshine
New Member
Joined: Jun 21, 2011 8:50:08 GMT -5
Posts: 27
|
Post by pinksunshine on Oct 8, 2012 20:16:32 GMT -5
All waiting until he does it again, and he will, will do is get either him or the tree killed. You really need to explain that to your husband. Is he really okay with the lawsuit that will happen if the guy kills, or maims himself on your property? Or ithe lawsuit that will come if he kills the tree in such a way that it falls on someone or thing? I'd be concerned that he is just going to keep hacking it until it is dead. At that point, I'm sure he will "make you aware" of the fact that it is dead and you will be responsible for removing it because it is a hazard. If you don't remove it and it falls, won't you be liable because of your negligence in failing to remove a known hazard? I am not a lawyer and didn't stay at a Holiday Inn last night but I have seen some good People's court episodes about this suject. Judge Milian always says that if it falls on its own or due to an act of god, you aren't responsible. If the owner knew it was dead or was a hazard, then they are responsible for whatever damages it causes when it falls (and are responsible for removing it). Either way, that isn't a liability it sounds like you want. This tree was not a hazard until he started messing with it.
|
|
pinksunshine
New Member
Joined: Jun 21, 2011 8:50:08 GMT -5
Posts: 27
|
Post by pinksunshine on Oct 8, 2012 20:17:18 GMT -5
and this guy does not know what he's doing. As we found out when he cut off his finger.
|
|
Deleted
Joined: Apr 28, 2024 22:46:19 GMT -5
Posts: 0
|
Post by Deleted on Oct 8, 2012 20:23:06 GMT -5
I guess i would find out the law. If he can legally cut the overhanging branches, dont' worry about it. If he can't report him to the condo people, the police or whoever.
|
|
Mardi Gras Audrey
Senior Member
So well rounded, I'm pointless...
Joined: Dec 25, 2010 18:49:31 GMT -5
Posts: 2,082
|
Post by Mardi Gras Audrey on Oct 8, 2012 20:35:20 GMT -5
This tree was not a hazard until he started messing with it. I hear you.. the problem is going to be that you have to go to court and get into a he-said, she-said with him over it if anything happens. That seems like it would not be fun so you should head him off at the pass with a cease and desist letter. Then you have proof that he was messing with it and you told him to knock it off. You don't want to end up in a court where people give him damages because they "feel sorry for him" ("Oh, he's a vet...he's had it so hard. That mean Pinksunshine knew what he was doing and didn't try to save him from himself, etc"). I am totally on your side. It just seems like we are getting totally away from personal responsibility in this country and blaming someone else ("They never told me that it was stupid and ricky to cut my fingers off while cutting the tree down"). I wouldn't want you to get caught in that kind of cross fire, especially when you are just trying to be neighborly.
|
|
pinksunshine
New Member
Joined: Jun 21, 2011 8:50:08 GMT -5
Posts: 27
|
Post by pinksunshine on Oct 8, 2012 20:41:58 GMT -5
Audrey, you are so right. At this time the other owners of the condo are on our side, but when push comes to shove, who knows what they'd say? When my husband told him to knock it off today, he argued with him for a bit but he did get down and didn't go near it again (I watched all day long).
|
|
pinksunshine
New Member
Joined: Jun 21, 2011 8:50:08 GMT -5
Posts: 27
|
Post by pinksunshine on Oct 9, 2012 21:00:34 GMT -5
thank you, that made my day ;D ;
|
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 63,464
|
Post by Tennesseer on Oct 9, 2012 21:28:02 GMT -5
Pinksunshine-by chance have you been taking photos of the tree as this guy has been paring it back and back? Or would you be able to show before and after photos of the tree if you have to go to court over this?
|
|