Tree and Neighbor Update - ProTeacher Community




      
Home Join Now Search My Favorites
Help


      Teachers' Lounge


Tree and Neighbor Update

>

Reply
 
Thread Tools
Jackie's Avatar
Jackie Jackie is offline
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Jackie
 
Jackie's Avatar
 
Joined: Sep 2005
Posts: 4,239
Senior Member
Tree and Neighbor Update
Old 10-03-2020, 11:26 AM
  #1

Ha I spoke too soon last night. I had another talk with neighbors last night. Let me give you some back story first and I apologize in advance for the length of this post.

We moved into this house in 2013. Got along with them and they took a liking to my kid who was 2 at the time. Fast forward a year later and the husband told my dh he wanted to give my ds a Lionel train set that he had in his house. We said he didn't have to do that and he said he wanted to. Anyway, another year passed and we never heard about the train. Then randomly one day neighbor said he found the train and would let ds "borrow" it to play with. A few days later he bought it over but again said it was just to borrow. We really didn't know how to respond so we just said ok even though we thought the whole thing was a tad strange. DH went to set it up a month later just to show ds because we were worried if neighbor asked ds how he liked the train he wouldn't know what they were talking about and we didn't want to hurt their feelings. Well, during set up we realized they didn't give us any of the tracks. We were worried they would think we lost them so dh called the neighbor. He told them we didn't have the tracks and asked did they forget to include them. Neighbor said he thought he gave them to us but he would check. A week later he delivered the tracks to our house in a sealed box. He said he just bought new tracks. So anyway, another THREE years pass and all the while we thought everything was fine and great and I even invited them to my house a few times, which they accepted and came over. One day, dh, ds, and I were out front and our neighbor comes out and starts the conversation with, "I think we need to address the elephant in the room." He tells us my dh screamed at him on the phone about the tracks and we never thanked him for the gift and made him feel awful. Dh and I were so confused! Dh NEVER screamed at him. Anyway, on and on he went and all I said the entire time was that this never happened and we were never mad and we were very confused by his confrontation that day. Later on that day, he came over my house to apologize and again I told him it's not a big deal, there's no bad blood as neighbors, and let's all just move on. We did-or so I thought.

Neighbor rang our bell last night. Both husband and wife were there. I again went over the whole tree situation with them. I told them we were cutting it back as we were within our legal rights to do so. I said if they wanted, I would go in half to pay for the whole thing to be removed. I said they were under no obligation to do so. However, they are aware that they might have to remove the remainder of it since it could possibly kill the tree. They said they don't want us to remove any of the branches and leave the tree as is. I told them we couldn't do that since it was a hazard to us. That's when things got ugly. Again, we heard how we were so rude to them and yelled at them about the train set (never happened) and how I screamed at them in the street (never did) on the day he confronted us outside our house a year ago. They don't want us to touch the tree at all. There was a LOT more said but I'll end it there.

So at this point, I'm going to a lawyer to have something legally drawn up saying we CAN trim this tree back and how they will be liable for the remaining trunk of the tree. I need to protect myself financially in case they try to pass the blame to me if the remaining part of the tree falls.

Long story short-I'm paying to trim the tree to the property line once I consult a lawyer. They will now be liable if that tree falls before they take care of it. I really didn't want it to come to this but I should be able to park my car safely in my driveway. I love the town I live in now vs the first house dh and I bought. However, I had amazing neighbors with my first house. I am surrounded by crazy people where I live now.
I am attaching a picture of the tree here. The red line shows where it's going to be trimmed. In the next post, I took a picture of a small portion of my driveway. That is how many acorns fell in less than 24 hours. The next post is a picture from my backyard showing how this tree covers my property.


Attachment

Sign in to view attachment. Not a member? Sign Up FREE
Jackie is offline   Reply With Quote

Jackie's Avatar
Jackie Jackie is offline
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Jackie
 
Jackie's Avatar
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Old 10-03-2020, 11:27 AM
  #2

Picture of my driveway of the amount of acorns that fall overnight.
Attachment

Sign in to view attachment. Not a member? Sign Up FREE
Jackie is offline   Reply With Quote
Jackie's Avatar
Jackie Jackie is offline
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Jackie
 
Jackie's Avatar
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Old 10-03-2020, 11:28 AM
  #3

This is my backyard and it shows how much the tree hangs over my house.
Attachment

Sign in to view attachment. Not a member? Sign Up FREE
Jackie is offline   Reply With Quote
nucleus's Avatar
nucleus nucleus is offline
 
Joined: May 2009
Posts: 5,323
Senior Member

nucleus
 
nucleus's Avatar
 
Joined: May 2009
Posts: 5,323
Senior Member
tree
Old 10-03-2020, 11:47 AM
  #4

This is going to sound crazy, but is that tree even his property? I have a tree on the easement like that and it belongs to the city. The city planted it when I moved in here because they had cut down the Ash tree that was here before. The owners of the house had nothing to do with cutting it down and I had nothing to do with planting a new one. Maybe if you complained about the damage and got a lawyer, you could sue the city to take the whole thing down. I believe they would. I still don't like cutting down trees, but I understand where you are coming from. I hope it works out for you guys.
nucleus is offline   Reply With Quote
Clarity Clarity is offline
 
Joined: Aug 2010
Posts: 6,606
Senior Member

Clarity
 
Joined: Aug 2010
Posts: 6,606
Senior Member
Wow, so did you only speak to the wife
Old 10-03-2020, 11:47 AM
  #5

yesterday? Sounds like something changed.

I wonder if your neighbor is suffering from the onset of dementia. I always hate when people accuse me of "screaming" when no such thing occurred. My kids' dad used to do that after his brain injury. Whenever I said anything that he did not want to hear, such as, "It's dinner time" when he was playing a computer game, then I was "screaming" or "yelling" at him.

Jeez, I hope they are not too crazy. We had neighbor problems when we lived in Colorado Springs to the point where the back window of my van got smashed out. And we were certain he did it, but of course, no proof. Also, I hope the tree does not die.

My friend in CA has a crazy neighbor who cut back her avocado tree while they were on vacation, without their knowledge or permission, and totally killed the tree. It was nothing at all like your situation, which is truly dangerous. Good luck. Watch your back.


Clarity is offline   Reply With Quote
amiga13's Avatar
amiga13 amiga13 is online now
 
Joined: Feb 2014
Posts: 21,001
Senior Member

amiga13
 
amiga13's Avatar
 
Joined: Feb 2014
Posts: 21,001
Senior Member

Old 10-03-2020, 11:56 AM
  #6

The man really does sound unstable—I’d definitely go through a lawyer from now on. I think there are laws most places about what constitutes a nuisance/hazard. Surprisingly, in California, you’re not always entitled to trim a neighbor’s encroaching tree.

Did you get 3 bids? I know it’s hard to “read” pics, but that doesn’t look like an $8,000 job to me.

Unsolicited opinion: I’d also return the train, with homemade cookies, saying how much you appreciated his loan/letting you borrow it. I’d flat-out tell them—again!—that the tree is a hazard to you and you’re going to pursue the matter with an attorney and that you now rescind your offer to pay half for removal of their tree.

Most important, I LOVE the color of your house.
amiga13 is online now   Reply With Quote
Jackie's Avatar
Jackie Jackie is offline
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Jackie
 
Jackie's Avatar
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Old 10-03-2020, 11:57 AM
  #7

Quote:
This is going to sound crazy, but is that tree even his property?
Yes Nucleus, that is considered the neighbor's property. Our town is only responsible for the trees between the street and sidewalk and nothing past the sidewalk towards the house. By the way, I was reading through my first post about this tree and thought my response to you might be taken harshly. I didn't mean to include the rolling eyes emoji. So if it might have been taken as snarky, I apologize to you. That wasn't my intention.

Clarity, yes I think you are right about the dementia thing. He is 78 years old. I feel like I'm in crazy town because the things he said happened never did. And yes, I only spoke to the wife as we were getting along well...but I guess not anymore. My dh didn't want to talk to him about the tree because he was nervous since he twisted everything my dh said with the silly train set situation.
Jackie is offline   Reply With Quote
Beach Glass's Avatar
Beach Glass Beach Glass is offline
 
Joined: Apr 2012
Posts: 2,698
Senior Member

Beach Glass
 
Beach Glass's Avatar
 
Joined: Apr 2012
Posts: 2,698
Senior Member
Tree
Old 10-03-2020, 12:00 PM
  #8

From the photo, the angle at which that tree is leaning would also be a concern to me.

We just lost 3 150+ year-old Ponderosa pines, and if the wind had been anything but a north wind, our cabin would have been toast.
Beach Glass is offline   Reply With Quote
Jackie's Avatar
Jackie Jackie is offline
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Jackie
 
Jackie's Avatar
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Old 10-03-2020, 12:03 PM
  #9

I've gotten three bids in so far. $8000 was the cheapest! The highest so far was $12,000. I have two more bids I'm waiting for. By the way, the tree removal itself is $6200 but the extra cost comes for the police presence to shut down the street for the day. The power lines are an issue too. They will also need a crane. The pictures don't show the massiveness of this tree believe me.

Quote:
Iíd also return the train, with homemade cookies, saying how much you appreciated his loan/letting you borrow it. Iíd flat-out tell themóagain!óthat the tree is a hazard to you and youíre going to pursue the matter with an attorney and that you now rescind your offer to pay half for removal of their tree.
I love this and was definitely planning to return the trains!

My cousin's husband is a landscape architect. I called him. He agreed that the tree should go. He suggested calling a certified arborist and getting them to say the branches over my house are a hazard should they ever fall and bring that letter with me to the lawyer consultation.
Jackie is offline   Reply With Quote
teachnkids's Avatar
teachnkids teachnkids is online now
 
Joined: Jul 2006
Posts: 26,161
Senior Member

teachnkids
 
teachnkids's Avatar
 
Joined: Jul 2006
Posts: 26,161
Senior Member

Old 10-03-2020, 12:06 PM
  #10

Wow! Yup you are within your right to cut what's on your property. Even Judge Judy says so!

My DD has a tree on her property that's probably 1.5 to 2 times the diameter of that tree. I worry every time the storms come that her little ranch will be demolished.

When we moved into our 2nd house the back property line was full over overgrown bushes and weeds. Looked horrible. We met our backyard, elderly neighbors while working out there. Told everyone we were the cutest young couple. Two months later we were the devil's of the neighborhood. Apparently we cleaned out too much and took away their privacy. Totally within our rights as it was all on our property. They installed a 6ft fence and never spoke to us again.


teachnkids is online now   Reply With Quote
sonoma's Avatar
sonoma sonoma is offline
 
Joined: Sep 2010
Posts: 2,591
Senior Member

sonoma
 
sonoma's Avatar
 
Joined: Sep 2010
Posts: 2,591
Senior Member

Old 10-03-2020, 01:08 PM
  #11

Tree removal is expensive. I had a very small tree removed last year and paid $1600.

Be sure the photographs are date stamped in case you end up in small claims court. They are good evidence.

Love your house.
sonoma is offline   Reply With Quote
hiker1 hiker1 is offline
 
Joined: Feb 2007
Posts: 2,806
Senior Member

hiker1
 
Joined: Feb 2007
Posts: 2,806
Senior Member

Old 10-03-2020, 01:39 PM
  #12

What if you removed less of the tree? Using your picture as a guide, what if you only removed the portion that was directly over the middle of the car as opposed to right by your property line? I think you would get most of the overhanging branches and hopefully that means a much more manageable amount of acorns.
hiker1 is offline   Reply With Quote
choppie70's Avatar
choppie70 choppie70 is offline
 
Joined: May 2009
Posts: 6,681
Senior Member

choppie70
 
choppie70's Avatar
 
Joined: May 2009
Posts: 6,681
Senior Member

Old 10-03-2020, 02:00 PM
  #13

Wow! $8K?!? We had a tree bigger than that cut down because it was straddling our power lines and we paid $400! They even had to use a cherry picker to trim the limbs first.

Legally I think the only thing you can really do is cut down the branches that are handing on your property. I don't think you have the legal right to cut down a tree that is on someone else's property.

I do have to admit, I chuckled when I saw the acorns. I guess that is the difference of living in the country. We have more acorns than that that will drop in an hour. We just leaf blow them and clean them up. They have never caused any damage when they fall, but the sound can be a bit scary!
choppie70 is offline   Reply With Quote
timeforbed's Avatar
timeforbed timeforbed is online now
 
Joined: Jul 2010
Posts: 5,427
Senior Member

timeforbed
 
timeforbed's Avatar
 
Joined: Jul 2010
Posts: 5,427
Senior Member
acorns
Old 10-03-2020, 02:28 PM
  #14

It's a shame to lose such a beautiful old yet healthy tree. Perhaps only the one lowest branch could be cut off? That would cut back on the amount of acorns that fall. Can the cars be pulled forward more towards the garage in the back during the season? Can a temporary seasonal carport be added or even a more permanent wooden one? Just trying to think of alternatives and not judging your need to protect your property at all.

Our driveway is also covered with acorns right now. Luckily we have space to park away from the oak trees. It doesn't look like you have that option.

Last edited by timeforbed; 10-04-2020 at 06:51 AM..
timeforbed is online now   Reply With Quote
teachnkids's Avatar
teachnkids teachnkids is online now
 
Joined: Jul 2006
Posts: 26,161
Senior Member

teachnkids
 
teachnkids's Avatar
 
Joined: Jul 2006
Posts: 26,161
Senior Member

Old 10-03-2020, 02:48 PM
  #15

Quote:
Wow! $8K?!? We had a tree bigger than that cut down because it was straddling our power lines and we paid $400
I'll pay your tree removal company to travel to my DD's house, cut the tree,and pay for hotel & food!

She's gotten an estimated price of $7k. I know the area where Jackie lives and I'm not surprised at cost!
teachnkids is online now   Reply With Quote
Jackie's Avatar
Jackie Jackie is offline
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Jackie
 
Jackie's Avatar
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Old 10-03-2020, 02:55 PM
  #16

Quote:
I'll pay your tree removal company to travel to my DD's house, cut the tree,and pay for hotel & food!
. Thank you for the laugh! I needed that.
Jackie is offline   Reply With Quote
peanut21's Avatar
peanut21 peanut21 is offline
 
Joined: May 2008
Posts: 1,617
Senior Member

peanut21
 
peanut21's Avatar
 
Joined: May 2008
Posts: 1,617
Senior Member
Your
Old 10-03-2020, 04:10 PM
  #17

House is beautiful!
peanut21 is offline   Reply With Quote
mommy9298's Avatar
mommy9298 mommy9298 is offline
 
Joined: Dec 2011
Posts: 5,042
Senior Member

mommy9298
 
mommy9298's Avatar
 
Joined: Dec 2011
Posts: 5,042
Senior Member

Old 10-03-2020, 04:40 PM
  #18

I agree with getting an attorney involved. I hope your neighbors don’t want to deal with an attorney and agree to pay half the cost to cut it down. I have cut trees on my property. It is ridiculous how much the companies charge. One tree was over 100 feet and the bids started at twelve grand. I kept calling tree companies until I found the cheapest one. I paid $5,200 and was thrilled with that. $400 in NJ would not even grind the stump. I would normally say just cut what is over your property, but that is not safe. The tree will probably fall in your direction. I hope they come to their senses.
mommy9298 is offline   Reply With Quote
bGracie's Avatar
bGracie bGracie is offline
 
Joined: Jul 2006
Posts: 3,561
Senior Member

bGracie
 
bGracie's Avatar
 
Joined: Jul 2006
Posts: 3,561
Senior Member

Old 10-03-2020, 05:39 PM
  #19

Regardless of what happens to the tree, I think your neighbors sound nuts.

What did they say when you first mentioned cutting the tree to them?
bGracie is offline   Reply With Quote
Jackie's Avatar
Jackie Jackie is offline
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Jackie
 
Jackie's Avatar
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Old 10-03-2020, 05:56 PM
  #20

Quote:
I think your neighbors sound nuts.
Iím serious when I say all my neighbors are nuts. Our families canít get over the crazy weíre surrounded with. The people on the other side of me are quite nice but the wife has Bipolar. She is great when medicated. I posted here once how she was having an episode and made the hair stand up on the back of my neck. Three weeks ago she had another episode and walked down our street to house maybe four away from me and started stripping her clothes off on their front lawn. I missed it because I was grocery shopping. I came home to police cars and an ambulance.
Cops were ringing my bell trying to find the husband. That was something else.

The guy behind me? Crazy. We had to install a camera in our backyard because we were told by the neighbor next to him that he was dumping stuff into our yard.

Down the street? Totally insane family. Mother and daughter. Daughter has schizophrenia I was told. They screamed at each other and have such trashy mouths they made me blush. There was a fire in that house this past December and the house was ruined. I was told the daughter started it. Family is no longer living there and the house is vacant. Iíd rather have the fire destroyed house just sitting there than that family back ever.

To answer your other question, they were fine a few years ago when we mentioned cutting it back. The wife seemed fine when I first talked to her yesterday about it. It all went to #### when they came over last night.
Jackie is offline   Reply With Quote
imatchr2's Avatar
imatchr2 imatchr2 is online now
 
Joined: Jan 2008
Posts: 1,745
Senior Member

imatchr2
 
imatchr2's Avatar
 
Joined: Jan 2008
Posts: 1,745
Senior Member

Old 10-03-2020, 06:44 PM
  #21

I was wondering the same as timeforbed. Can you pull the cars further up the driveway during acorn season?

Such a shame to harm a healthy oak tree.
imatchr2 is online now   Reply With Quote
LoveMyNature LoveMyNature is offline
 
Joined: Jan 2020
Posts: 189
Full Member

LoveMyNature
 
Joined: Jan 2020
Posts: 189
Full Member
Sad
Old 10-05-2020, 10:59 PM
  #22

That tree will suffer because of the way it is trimmed and cut back. Whatís the problem? I donít understand. Itís a beautiful tree.
LoveMyNature is offline   Reply With Quote
Jackie's Avatar
Jackie Jackie is offline
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Jackie
 
Jackie's Avatar
 
Joined: Sep 2005
Posts: 4,239
Senior Member

Old 10-06-2020, 04:23 AM
  #23

It's a tree that I don't want to deal with and am legally allowed to trim it back. I checked with my town ordinance and had a certified arborist and the town clerk in charge of the trees come look at it. All agreed with me and put it in writing that I can trim back the amount I want.

To the posters who think it's a shame...you are welcome to contribute to my fall and gutter clean ups. It costs me around $1100 each fall for gutter cleanings ($125 each and need 3 of them) and lawn clean up-3 each at $250 a pop. You are more than welcome to help pay if you are so concerned about the tree. . No? I didn't think so. I wouldn't want to pay for someone else's property upkeep, which is why I don't tell other people what they should or shouldn't do to maintain theirs.

Next fall I'm taking that money saved and going away somewhere nice for a three day weekend away!
Jackie is offline   Reply With Quote
kahluablast's Avatar
kahluablast kahluablast is offline
 
Joined: Aug 2008
Posts: 20,678
Senior Member

kahluablast
 
kahluablast's Avatar
 
Joined: Aug 2008
Posts: 20,678
Senior Member

Old 10-06-2020, 05:23 AM
  #24

I agree it is a shame but understand why you want to do it.

Trees are touchy business. People love their trees. We have huge ponderosa in our yard. I love them but hate picking up pine needles and having sap drop on my car. I wish my neighbor wanted to pay to cut them down!
kahluablast is offline   Reply With Quote

Join the conversation! Post as a guest or become a member today. New members welcome!

Reply

 

>
Teachers' Lounge
Thread Tools




Sign Up Now

Sign Up FREE | ProTeacher Help | BusyBoard

All times are GMT -8. The time now is 09:09 PM.

Copyright © 2019 ProTeacher®
For individual use only. Do not copy, reproduce or transmit.
source: www.proteacher.net
23