My neighbor butchered my trees! What can I do?

[Zandria]

My neighbor trimmed two of my trees without notifying me. Problem is, he not only trimmed the branches over in his property, but also some branches were trimmed back 6' or so on my property. One tree was very close to the property line, so he trimmed all the branches on that side of the tree leaving 6" stumps all up and down the one side. An Arborist informed me that the one tree is dying due to the pruning. The other tree will probably live, but it looks so funny now, I probably will have to take it down. The Arborist didn't want to say too much as to what my rights are but he did mention that my trees are so old that they are considered part of the property value - anywhere between 7-20% of the value of my property.

When I saw what he had done, I went over to speak to him about it, and his reply was, "good I hope I killed that tree - I hate holly trees". And he also made a comment as to my dog being a nuisence too, and that he may just 'take care' of her too like he did the trees.

Any suggestions on how I should handle this situation?

 

[freebird]

Originally posted by Zandria
My neighbor trimmed two of my trees without notifying me. Problem is, he not only trimmed the branches over in his property, but also some branches were trimmed back 6' or so on my property. One tree was very close to the property line, so he trimmed all the branches on that side of the tree leaving 6" stumps all up and down the one side. An Arborist informed me that the one tree is dying due to the pruning. The other tree will probably live, but it looks so funny now, I probably will have to take it down. The Arborist didn't want to say too much as to what my rights are but he did mention that my trees are so old that they are considered part of the property value - anywhere between 7-20% of the value of my property.

When I saw what he had done, I went over to speak to him about it, and his reply was, "good I hope I killed that tree - I hate holly trees". And he also made a comment as to my dog being a nuisence too, and that he may just 'take care' of her too like he did the trees.

Any suggestions on how I should handle this situation?

Don't know if you did so but you might want to file a police report for trespass. They might not do anything but you want to do it just for the record. I don't know about the trees being worth 20% of your property and I'd be surprised. You should probably get an arborist to give you an estimate as to the damages and the condition of the trees as a result of the pruning. Then I would send a demand letter, certified return receipt, with regard to what I would want from my neighbor, such as monetary compensation for damage and cost to get the trees back to health. If that doesn't work then it is time for court... I'm not sure if you might be covered by your insurance.

 

[NYClex]

Depending on the state you live in there is ample case law for cases like this. Usually the rule is this: if the tree is on your side of the property the neighbor has the right to trim all the branches and roots that are invading his property but he is not allowed to do it in a manner that kills the tree.

If he does and the tree gets killed he is liable for damages. Like the other posting said you would have to get an estimate on what the trees' value was before the trimming operartion and then sue the neighbor for this amount.

If your neighbor enters your land for any reason without being authorized this is a civil tresspass. If he does so and harms your dog it would also be trespass to chattel, in both cases he again would be liable for damages. In addition, he might be liable for criminal trespass and for cruelty to animals.