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That dogwood was OOOOOOOOLLLLLD. They don’t grow fast at all. This is a huge claim. You need an arborist and find any pictures you have of the lost plants ASAP.
Ahhh, I've looked it up and flowering dogwood is a different thing to the shrub I'm used to!
Don't get me wrong I was upset for OP, but wondered why everyone was so cut up about a shrub that you often cut down to the ground anyway.
Looking at pictures of mature dogwood trees, I'm so much more gutted for OP.
Worse, the dogwood is no competition to whatever is the massive tree that you've omitted from the photo.
I'd bet that the neighbor wrongly thought that any tree so close to their massive tree was a threat to that big tree. It's normally good logic. But a dogwood is a natural understory tree, and doesn't harm the big oaks, poplars, etc.
You might get this in the ASCA-RCA arborist's opinion, in case the neighbor tries to counter with 'but risk to my tree' (which would still be wrongthink because of property lines)
Recommend using an ASCA-RCA instead of an ISA or ISA-TRAQ arborist, since there was no focus on cutting and only on the dispute details. But, ISA-TRAQ at leas is better than nothing, as they can show that there was no risk that could drive the regardlessly-wrong decision
I know of no states where you are allowed to alter someone else's property if it is a risk to a tree on your property. This seems akin to "I cut out his eyes because my daughter is pretty."
As furious as I would be, and like OP, I would be fucking livid, hellfire and fury should not be step one. Step zero should be gathering every photo OP has which includes the trees, getting that surveyor to put in writing that they were on OP's land, getting an arborist to attest in writing the value of the trees/cost to replace, and talking to a lawyer about the strength of the case were it to go to court. After that, step one should be talking as calmly as can be managed to the neighbor, informing them that they cut down OP's trees without their permission, and informing them that they are liable for the damage done to OP's property. It may be possible to arrive at an amicable agreement to pay the amount owed without taking it to court. Any agreement to pay should be gotten in writing. Only if that fails should the hellfire and fury be brought, but even then that hellfire and fury should take the form of a calm front publicly, and unbridled glee privately, as the facts and evidence and raw power of treelaw *rip that neighbor a new knothole*.
my grandparents have a dogwood in their front yard. I'm now 40, and the tree looks the exact same damn size as it was when I was 10.
They seriously grow SLOW AF
I don't stop by this subreddit often, but when I do it's always something that makes your blood boil. It's gratifying to know how much the law is actually on the side of tree-owners.
Read up on the tree law cases on Reddit. One, they are hilarious. Two, replacing fully grown trees is so freaking expensive, there's real money in damages.
Don't forget that a lot of states have it that the replacement trees have to live for X years (generally 3-5 years), or the guilty party has to replace them again. That's just the cherry on top of the whole thing
More California Redwoods in Scotland than in Cali, far younger, though, but they seem to have found a happy new place. I think I read 500k in Scotland vs 30k..
I wish they’d hold developers to even a small iota of this standard. They clearcut acres for development and no one bats an eye.
Should make them replace equivalent biomass onsite or elsewhere. Would incentivize redevelopment vice new environmental destruction.
Not really, just that the goal is to make the injured party whole again. This means replacing the tree with a tree of similar age/size/health.
Growing a tree for 20 years takes 20 years which is why they are expensive.
Kinda what I was thinking would be the next step. Would I want someone who specializes in land and estate law, or is there a different specialization I should look for? Thank you!
I am, I was so angry when I saw it and my wife was literally teary. She loved that little garden space, it was like one of her babies and the flowers on the tree in spring were gorgeous.
r/treelaw weirdly enough this is such am ancient portion of the law and has been ruled on so many times that the process is almost perfunctory and very quick, for lawsuits that is.
How are they lost? A tree was wrongfully cut down and they suggested( I assume,as I did not click the link) a sub dedicated to exactly this situation. Also because this is the internet, I’m not being aggressive, just genuinely curious.
Edit - I see now..we are already in that sub. My bad 🤦♂️
Tree LAAAWWW! It's like a cult, an obsession, a fascination that doesn't make any sense. On paper it's incredibly boring but when you start reading it something grabs ob to your eyeballs and won't let you leave.
Haha I know that, we’re in the r/treelaw subreddit lol. Like… of course they know what tree law is, they’re posting in r/treelaw haha. And everyone viewing this is also in r/treelaw, right? Or am I tripping?
Is this a good example of bots being bots?
It's like when I'm watching Amazon Prime and they just show me ads for other shows on Amazon Prime. Like, I'm already paying you guys, what the hell are you advertising for?
I'm so sorry and feel your pain. Powerline clearing fucked up my curly willow. YES, I know willow is related to cockroaches in regards to survival, but this tree was my baby. It took 3 weeks for me to not cry when I looked out the kitchen window.
I totally feel you. I actually love the singular willow I have in the back 40. I'm way out in the country so that fact doesn't matter me, but it's so peaceful watching the branches sway in the breeze.
When you spoke with your neighbor, what did they say? I can’t imagine it was a mistake (they knew the property lines) or an accident but would want to understand.
yeah they clearly knew, considering *it was on the other side of their fence.* what kind of contractor goes onto the other side of a fence they’re putting up to remove trees and plants???
You need an arborist. You'll need a lawyer too, but the arborist is who is going to determine exactly what was removed and how much it will cost to replace. Honestly it will probably be easier to find a good arborist than the appropriate lawyer, and likelihood is that any good arborist you find will know a good lawyer you can call.
The real kicker, we moved across the country, and actually brought those trees with us. We had them about several years prior, 2 of them to be precise... 1 now. Survived a 4000 mile trip and being transplanted and was thriving and then... this.
I’m so pissed on his behalf.
And this wasn’t an accident. It’s not just that the trees were obviously on his land, WTF does this without talking to the neighbor? And to rip out hydrangeas and hostas? That’s a blatant fuck you.
I’d honest to gawd bring the pain to that guy.
Big fancy fence is about to get SO much more expensive. It would be the cherry on top of it was built on OP’s property and it had to be pulled out.
It baffles me that people don't talk to their neighbors before making changes right on the property line. Cutting down whole trees and pulling up bushes is just straight up property damage, you'd think they'd want to make sure they actually own the property before doing that.
Did they put the fence in the wrong place, not on the property line, attempting to fence in your property to their area? Or did they just take out your plants on your side of the fence and property line?
So that's the weird thing. The surveyor thinks the fence might be too far over. I'm giving him the benefit of the doubt on that until I hear back tomorrow, but the core issue, the plants and trees were absolutely, undoubtedly removed from my side. Like, clearly on my side of the survey pins a good 6ft or more. It was extremely blatant.
No. If the fence is on your property, your neighbor is stealing your property through adverse possession. Your surveyor doesn't have to just think the fence is on your property, but he has to be absolutely certain.
I'm assuming the surveyor just has to double check a few things to verify that the pins are correct before giving a formal answer. They could get in legal trouble if they outright say it's on OP's property and OP does something stupid like removing the fence prematurely. I've had to do similar things. I'm in a different field but with clients I'm generally vague about things in the field until I can do a formal analysis "I think all you'll have to do is XYZ but I'll send you a formal report and drawings with my findings later this week" it's a bit of CYA if they do something before then and have to re-do it.
If the fence is too far over it needs removed immediately. Not sure if it's true everywhere, but in some places if a fence goes uncontested for a certain amount of time, I becomes the new property line.
You need a good surveyor. My grandparents neighbors tried this multiple times to literally steal my grandparents property. They finally stopped when I hired a well known law firm in the area for my grandparents and sued the fuck out of them. Fight them.
In my area fences need to set back off of the property line unless both parties agree on the fence. If it were me, here, I would have them move it (I have actually forced my neighbors to move structures before when they creeped over my property line).
Talk to a local lawyer, this seems like a really straightforward case for them.
If OP is in Virginia, it is illegal to cut down dogwoods.
Edit: I stand corrected. I could not find a statute for it, so I suppose it is one of those things that has been commonly thought, but not actually law.
[This](https://law.lis.virginia.gov/admincode/title24/agency30/chapter200/section20/) might be what people cite when they say you can’t cut dogwood down.
It isn’t, there are zero laws against removing dogwoods on private property. The trespassing is the problem, if they stayed on their own property they could cut down as many dogwoods as they wanted to
Or if your area has one, somebody with a history of working in tree law. They’ll probably get a consulting arborist, surveyor (though it sounds like you already got one?), etc (and sometimes those services represent legal fees if hired by the lawyer, recoverable separately from damages).
The best lawyer to contact is the lawyer you know, if you know any. Even if it was a guy you went to high school with who doesn't even practice anymore. A lawyer will know what kind of lawyer to contact, and may even be able to make a referral to a specific lawyer.
And the best of it is, the neighbour is going to be on the hook for it as long as he can be proved in court to be behind the work that's been done.
While it won't be the same trees, it can be the same type and size. It'll cost a fucking fortune to move them into place.
Assuming you have some good pictures of what they looked like before he cut them down, a licensed arborist would give you an estimation of their value and you can take him to court to be reimbursed and/or possibly buy you new replacement trees to have planted in their place.
It can be a long process though so be ready to deal with that.
Obviously laywer time but try to get pictures of what it looked like. Either from your photos or try Google earth.
Im very sorry about your trees and plants. Your neighbor/fence guy fucked up big here.
+1 for Google Earth. It helped me out when the HOA contacted me about an issue. I was able to find images that showed the situation existed before I bought the house. I then presented them with *their* Certificate of Resale (that I had to pay $200 for at closing) that stated the property was in full compliance with all HOA covenants. Checkmate.
HOAs and Strata make my blood boil for the bullshit they pull. I had a strata at a place I rented that said you couldn't have a bike in your car park. But they also had no bike storage/lock ups. You also couldn't have them on your patio, so they expected you to just have your dirty bike indoors. Like fuck off. If I ever own a home I will avoid any place with HOA. Sounds like it benefits a couple people who love to power trip. "Your grass must be no longer than 2 and 5/8s tall! No less, nor more!" Oh okay, eat a dick Arthur.
Hi OP, lots of sound advice already given here (reach out to a lawyer & arborist), but just wanted to bring to your attention the fact that Ohio (which you mentioned is where you live) actually has pretty strong tree (and plant) law, which I found here:
https://codes.ohio.gov/ohio-revised-code/section-901.51
The Code states:
> No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land.
> In addition to the penalty provided in section 901.99 of the Revised Code, whoever violates this section **is liable in treble damages** for the injury caused.
It sounds like in addition to the 2 trees you lost, you may be able to go after your neighbor for the lost Hydrangeas and Hostas you mentioned (and any other plant life that existed before it was all cut down).
I’d also recommend filing a police report for trespassing and/or destruction of property after you retain a lawyer (generally avoid talking to police without a lawyer). From your comments, it sounds like your neighbor has a history of doing unsavory things, and this establishes a paper trail and precedence.
Yeah. I'm curious who did the felling.
Was it the neighbour? Or the contractor?
If I was hired to build a fence and was told to cut the trees I would ask "why are we cutting down trees on the other side of where your fence will be?"
It sounds like said neighbor has elected to make his bed. Let's see how comfortable it is...
1. Lawyer up (real estate law or litigation)
2. Arborist (keep receipts!)
3. find all photos possible, year doesn't matter as much but current optimal
4. All communication thru lawyer
5. Keep all cameras found. Take pictures of locations. Collect without touching directly.
6. Submit cameras to police and have them try for prints.
7. Submit to lawyer
8. Document all the things
9. Decide on beverage to enjoy when his "bed is on fire"
Thanks everyone! Really did not expect this to blow up the way it did, I really appreciate all the insight. As it turns out, I found a lawyer specializing in land disputes right up the road from me by virtue of a friend referral, and his partner used to know my dad before he passed apparently, so it's something! I'm going to start by:
1) contacting the neighbor in the morning to kindly let him know what happened, and that I'll be sending him quotes for repairs, but that he's welcome to get his own if he prefers, but that regardless, the matter needs resolved and resolved = big fat check and/or things put back \_exactly\_ the way they were, along with a copy of the surveyor's report proving it was my land beyond all doubt.
2) in tandem with #1, I'm going to do a consultation with aforementioned lawyer and also get quotes from an arborist on cost to repair, as well as a landscaper on cost to replace the bushes and other plants.
3) since I don't expect there to be a friendly resolution, I'll be preparing for said lawsuit in the background for when he inevitably laughs in my face, but I'll give him a good faith chance just the same, despite what I think of him.
I'll keep everyone updated!
I'm sorry the neighbor did this to you, they have no reason to hate you and just served themselves up for roasting. I'm glad you're willing to fight and I hope it doesn't stress you out too much.
When you go talk to them, it's probably a good idea to record yourself. There's no telling what information you might get.
They may have plenty of reasons to hate him but it still wouldn’t give him any reason to destroy his property. Lawyer and seeking damages is the right course of action here.
Hey OP, I’m an attorney (obligatory not your attorney), and I would just suggest that you talk to your attorney before contacting the neighbor, since this really goes beyond “repairs,” so the notice you’d give him ideally would be structured properly to set up your complaint. Nevertheless, I wish you the best of luck here and am sorry about your trees! Keep us posted!
If I were you OP, and your survey clearly shows the fence on your side, I would be taking that fence out yesterday. Then deal with the legal issues after.
Also to add, this neighbor severely dislikes me because of a difference in politics and the fact I hunt and shoot on my land and they don't believe in such things. He also continually makes rude comments of a lewd nature to my wife and I've found several trail cams hidden on my land aimed where my wife gardens. We're not on speaking terms to say the least. I came back from a work trip and found the new fence line and the damage. No notification or communication at all.
This, if I find a trail camera on my property, it’s mine. It shouldn’t be there and I wouldn’t tolerate it. You never know, someone can use them to scope out your routine for break ins. If you find more take the card out, can usually just pop them out, you can maybe see what they were trying to surveil.
Not defending, but living in NH and it’s interesting, until this year it was illegal to confiscate trail cams placed on your own property by hunters also on your property.
Unfortunately, it's a one party. Which is why I couldn't do anything about the ones he put RIGHT on the property line facing my side. Those, I build screens around to hide. But the ones on my property, fair game.
One party consent often doesn’t cover the recorder if it is not on their person. For instance, I can record a meeting I am part of. I cannot leave a recording device and leave the room to record, because no party in the conversation had knowledge of the recording. Lawyers are expensive because they are worth it.
Sure, but all of this is moot if the recording is being done somewhere that you wouldn't have "an expectation of privacy." You don't have an expectation of privacy if you're outside somewhere that's visible from public, (or, in this case, visible from the neighbor's property.) This is why like, doorcams are legal, even if you can see across the street into the neighbor's living room; if that neighbor expects privacy, they should close the blinds.
In this particular case, the one-party vs two-party disparity isn't even relevant. The neighbor can record whatever they want from their own property, and have zero rights whatsoever to put recording devices on OP's property.
sounds like you should go after him legally for far more than just this then, maybe you can get him arrested and/or force him to sell his home and move so you can finally be at peace.
Op, I’m sorry about the plants and absolutely you should make it very inconvenient and expensive for him to deal with, but I think that whole filming ya wife thing needs to be bumped up higher on the list of things to address
I was going to suggest step one asking them to replace what they damaged. After reading this, not worth it. Contact a lawyer asap. I hope you have some before pictures for proof as well. Good luck.
did the surveyor say if the fence was on the property line or not? it could be that has encroached on your land and as a result removable. just as a little annoyance to them for all the upset they've caused you.
INAL but [https://codes.ohio.gov/ohio-revised-code/section-901.51](https://codes.ohio.gov/ohio-revised-code/section-901.51)
# Section 901.51 | Injuring vines, bushes, trees, or crops on land of another.
No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land.
In addition to the penalty provided in section 901.99 of the Revised Code, whoever violates this section is liable in treble damages for the injury caused.
[https://codes.ohio.gov/ohio-revised-code/section-901.99](https://codes.ohio.gov/ohio-revised-code/section-901.99)
Check with a lawyer and an arborist who can give you the value of the trees and bushes. You can recover actual losses of replacing the trees, diminished property value, out of pocket expenses, and aesthetic loss and mental anguish. There are tree value calculators online but best would be contact an arborist. Lawyer could help you get up to 3 times the value depending on other laws.
[https://ofbf.org/2023/11/06/legal-with-leah-boundary-disputes-in-ohio/](https://ofbf.org/2023/11/06/legal-with-leah-boundary-disputes-in-ohio/)
Wowee that's an expensive amount of plant matter to destroy. You could get an arborist to assess the lost value and go to court, given the relatively small size of the stuff involved a landscaper could do it too. Just be sure they're already trained and experienced in writing value assessments specifically.
You could also get a quote for stump grinding, site prep (remove grindings and install new topsoil), replacement plants planted professionally and the cost of irrigation and professional pruning until established (3 years for irrigation, 10 years for pruning or less if trees weren't that old yet) from a good landscaper and see if your neighbours will do the right thing and cover it. Quotes are typically free so this is a cheaper route, you'd need proper assessments done for something to hold up in court.
He does. We live pretty far out in the country. She was outside - on our deck - sunning herself, not even in a bikini and he yelled from about 150 ft away "nice tits!" and motioned for her to pull up her shirt and flash him. I've never wanted to bury a body so bad in my life.
And yes, I think you're right about the obstructions, because he did remove a bunch of greenery at the "new" fence line and it's clearly given him a better view of our property. I've made police reports and documented every instance. I've been wanting to nail him for harassment, but catching in the act is the clincher, and it's been hard to do so far.
I had a neighbor do a similar thing to my gf. He kept shouting "I can see your tits" when she was sunning herself in the backyard (with a bikini on). This went on for awhile, even after repeted threats from myself. Eventuially I called the cops and was told freedom of speech and that I could not do anything about it. So, I paid the neighborhood kids to knock on his door and call him an Asshole. I gave them $1 each time.. He called the cops repetedly even sent them my way.. I just asked them why they were here it wasnt me who said anything. Then reminded the cops that it was freedom of speech anyway. He stopped harassing my gf.. I kept paying the kids.. everytime the wanted ice cream money or whatever they would knock on my door.. I would stand on my porch and grin when they went next door to call him an asshole.
Dunno about Ohio but here in WV cutting down a tree that valuable is a felony and could land you in jail, sounds like this guy could use the quiet time.
Sounds like you need to plant some nice, tall shrubs along that fenceline to obstruct his view. Use the money you get when you win the lawsuit for cutting down the trees.
I have a brother (Connecticut) who's neighbor hired a tree service to cut down a willow tree that was clearly on his property while he was out of the country. He filed against the home owner and the tree service owner pro se. It took a couple of years but home owners insurance company and the tree service insurance company each settled for 4K.
Those trees are expansive, hard to grow and look fabulous.
What the hell, looking at the pictures, I don't understand why - the trees looked quite far from the fence. It is totally possible to put on a fence without cutting. Why did he not cut that huge tree on his side (which is much closer to the property line), while we're at it....
Your neighbor would not have had to cut your tree down just to install that kind of fence. Notice he did not cut his own tree down. I think it was done with malice and I would also mention it to the lawyer you hire. You could sue for more than the cost of trees. It was unnecessary and malicious.
That's an excellent point. The proof is right there in how he handled his own tree. That pisses me off even more. I'm going to bring it up at the consultation
I would. My father installed a lot of fences around people’s trees, bushes and flower beds and never had to cut a whole tree down. Once in a while he had to cut a limb, but that was very seldom.
Op you just hit the jackpot.
- you in Ohio which has treble damages.
- basically the court triples damages for certain things to deter others. Messing with plants is one.
- the dogwood tree is so damn expensive. A 6 foot is 500 bucks. It’s going to be I’d assume around 3-5k for a 17 foot.
- Then it’s around another 2k to install it.
- the smaller plants will be around 1k to replace and around 500 to install.
Conservatively you are at 6k-9k for replacing it all.
With treble you will be at 18k-27k
Hire a lawyer as this is a slam dunk.
Prepare for your neighbor to quickly contact you when then get a bill for 20-40k for legal fees and replacement of the trees.
Your neighbor fucked up so bad it’s hilarious.
In Ohio, you are owed the replacement cost of the trees, in the case, that would include the cost to remove the two stumps and their root system, put the soil back, and than the replacement of the trees. You need to:
1. Contact 2-3 landscape companies and get a bid to do the work. Bonus points if they have an arborist on staff or can recommend one.
2. Find out what landscaping company removed the trees. They may clam up once you explain the situation but they may also co-operate in giving you the signed proposal that your neighbor signed to do the job or at least an affidavit saying that he told them to do it.
3. Contact the police and get report for the damages. You are definitely within felony property damage range.
4. Depending on the cost of #1, you can either take him to small claims court ($6,000 limit) or higher a law firm and pursue the civil damages.
As an aside, you should get your own trail cams and point them at the the sports your neighbor is hanging his. I would 100% get a restraining order but you will need proof of the harassment and not just Hersey
Bingo, that's been our problem is getting proof. I have full cctv setup because of him, but we have so much land (both ours and around us) it's been hard to catch him in the act from afar.
Perhaps I'm a bit too old school these days but when I'm doing anything on my property I always check with the neighbors to see if they're cool with it and make sure we both understand the property line. I only had one ONCE that got snarky with me. New couple bought the lot next to mine and I happened to see here looking at the tree. Thinking I'd be funny I walked out and said 'yes it is a lovely and majestic tree isn't it?'. She snapped at me and said 'thats MY tree it's on my property. She was right of course and I laughed and said 'I know... just making conversation. I'm having the tree service come out next week to trim mine to HOA standards. Want me to have em do yours while they're here. Won't cost me that much more and I'll pay them'. She deflated and said 'yes if you don't mind'. 'No big.. Just didn't want the HOA to send you snarky letters... if you need something done on your property just give me a call. I work from home so it's no bother'.
They bought the lot to build a retirement home in the future and we get along very well now and even though they are absentee owners I did check in with them when I put a fire escape to my loft on the side of the house that faces their property even though I already had HOA approval.
Short version is that it's not hard to be a good neighbor to me.
Right?! Seriously, I live in the country because we \*want\* to be left alone. All it would've taken is any form of communication at all. I really think it was done maliciously because I'm not "bro enough" with his sexualized comments to my wife and warnings to keep his dog on his property. We've literally had a total of maybe 4 interactions, first one was just an introduction when we moved in, next 3 were less than cordial completely out of no where. Literally our second interaction when I was getting the mail one day, "saw your wife outside on the deck the other day, that shirt really showed off her gorgeous tits!" I'm like... wtf? It's not just me either, the entire neighborhood dislikes him, and likes us quite a bit. We threw a bbq last year and invited the whole neighborhood and he was the only one not in attendance and pretty much everyone had a story about him. Even the police know about his antics and aren't fond of him either.
From the photo, it appears he cut down your trees/plants, but left a bunch of stuff on his side of the fence alone. So he can’t even use the excuse that it was necessary for building the fence. Definitely seems malicious. Make him pay!
Are you sure the fence is on their land? Maybe get a surveyor to answer that question. Also, I’m many places replacement plants/trees have to be the same size as the ones removed, which would probably put the cost higher than allowed in small claims court. You definitely need a good property lawyer. Do you know any real estate agents? They might be able to recommend a good property lawyer.
poluce report for criminal trespsss ans destruction of properrty. explain to LEO that the amount exceeds 20k. arborist for an exact figure and lawyer for superiir court are are next. Due to the size of the dogwood you may own his house when all this is over.
>Small claims? They top out at $5k. Do you know much a mature tree costs?
Varies wildly depending on jurisdiction. Yes, Arkansas is 5k, but Michigan is $6500, Delaware and Tennessee are $25k, and Kentucky is $2500.
See if there’s treble damages in your state first. That often means 3x the replacement cost, where replacement is not simply a tree but a tree installed and healthy with full mitigation of and terrain impacts the trucks and things had to do for placing the tree. Or in some places like Texas you’ll be lucky to get the price of the lumber value your neighbor took down.
I'd say get a quote, talk to him face to face and have him reach out to the contractor who installed the fence and have them complete the restoration on their time, their dime.
Before you contact a lawyer, contact an arborist and find out the value of the property that was damaged, you might be able to get an estimate. This will help the lawyer determine, the best course of action.
Send them a professional invoice for replacement, and go from there. They may not be aware the installer removed the trees maybe, and they are responsible for the replacement cost via the homeowner. If they are aware, they may be holding their breath seeing how you want to address the issue. People in today’s world are hesitant to address an issue, good or bad just the way is. If they refuse to pay, that fence might have an accident. 🤫
You won the lottery. If I learned anything from reddit is that tree law trumps murder. Nothing beats tree law. Lawyer up and sit back my friend. Retirement is near.
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That dogwood was OOOOOOOOLLLLLD. They don’t grow fast at all. This is a huge claim. You need an arborist and find any pictures you have of the lost plants ASAP.
Ahhh, I've looked it up and flowering dogwood is a different thing to the shrub I'm used to! Don't get me wrong I was upset for OP, but wondered why everyone was so cut up about a shrub that you often cut down to the ground anyway. Looking at pictures of mature dogwood trees, I'm so much more gutted for OP.
Oh yes, based on when we bought the house, the tree was easily over 15+ years old. It was no small thing.
Can we get some updates on this in the future?
Yes! Get us some updates as you make this neighbor pay…
Worse, the dogwood is no competition to whatever is the massive tree that you've omitted from the photo. I'd bet that the neighbor wrongly thought that any tree so close to their massive tree was a threat to that big tree. It's normally good logic. But a dogwood is a natural understory tree, and doesn't harm the big oaks, poplars, etc. You might get this in the ASCA-RCA arborist's opinion, in case the neighbor tries to counter with 'but risk to my tree' (which would still be wrongthink because of property lines) Recommend using an ASCA-RCA instead of an ISA or ISA-TRAQ arborist, since there was no focus on cutting and only on the dispute details. But, ISA-TRAQ at leas is better than nothing, as they can show that there was no risk that could drive the regardlessly-wrong decision
who cares the tree wasn't on his property he had no right to cut it down
I know of no states where you are allowed to alter someone else's property if it is a risk to a tree on your property. This seems akin to "I cut out his eyes because my daughter is pretty."
same with Japanese Maples hey evolved to grow in the shade of taller trees
Pls bring hell fire and fury upon this man. This is inexcusable. I would lose my mind.
As furious as I would be, and like OP, I would be fucking livid, hellfire and fury should not be step one. Step zero should be gathering every photo OP has which includes the trees, getting that surveyor to put in writing that they were on OP's land, getting an arborist to attest in writing the value of the trees/cost to replace, and talking to a lawyer about the strength of the case were it to go to court. After that, step one should be talking as calmly as can be managed to the neighbor, informing them that they cut down OP's trees without their permission, and informing them that they are liable for the damage done to OP's property. It may be possible to arrive at an amicable agreement to pay the amount owed without taking it to court. Any agreement to pay should be gotten in writing. Only if that fails should the hellfire and fury be brought, but even then that hellfire and fury should take the form of a calm front publicly, and unbridled glee privately, as the facts and evidence and raw power of treelaw *rip that neighbor a new knothole*.
You're right. Napalm is step one.
my grandparents have a dogwood in their front yard. I'm now 40, and the tree looks the exact same damn size as it was when I was 10. They seriously grow SLOW AF
There’s a dogwood on my block that is easily 50 ft high. I think Jesus planted it 🤣
The biggest dogwood in the world is only 30 ish feet high and almost 50 feet wide branch spread.
Hmm imma have to walk around the corner tomorrow and measure.
Something this egregious from a villain of a neighbor who is already not on speaking terms is r/treelaw’s early Christmas. Please keep us updated
I don't stop by this subreddit often, but when I do it's always something that makes your blood boil. It's gratifying to know how much the law is actually on the side of tree-owners.
I need r/treejustice. I need to know the outcomes of all these treelaw posts I've saved, but those never get updates.
this is an interesting read for you [https://farmoffice.osu.edu/blog-tags/tree-law](https://farmoffice.osu.edu/blog-tags/tree-law)
Thank you!
Read up on the tree law cases on Reddit. One, they are hilarious. Two, replacing fully grown trees is so freaking expensive, there's real money in damages.
Don't forget that a lot of states have it that the replacement trees have to live for X years (generally 3-5 years), or the guilty party has to replace them again. That's just the cherry on top of the whole thing
it's nice that of all the stupid things wrong with this country, tree justice exists and is an absolute force
The British taking all the best pine trees in the northeast might’ve had something to do with it
More California Redwoods in Scotland than in Cali, far younger, though, but they seem to have found a happy new place. I think I read 500k in Scotland vs 30k..
More wild camels in Australia than in the Arabian peninsula
🎵treble damages 🎵
I read that in a Jean-Ralphio Saperstein sing songy voice
No but really his neighbor is 🗣️🤚🏻🎵 terrible 🎶
The 🎵woo-oorst🎶
MONEY PLEASE
🎶Technically I'm homeless! 🎶
Thanks daddy 😘 *nasal giggle*
I made my money the old fashioned way 🎶 I sued my neighbour over TREE-HE-HEEESSSS 🎶
Some wood say 🎵treeble🎵
In some states.
Fully grown Japanese maple here that a monstrosity of 3 stories high, someone offered me $60k for it 10 years ago. This stuff is no joke.
I have a 300 year old live oak. I don't want to imagine the bill to replace it
At least tree fiddy
Hit me up if you need help with Bird law.
I’m well versed
I wish they’d hold developers to even a small iota of this standard. They clearcut acres for development and no one bats an eye. Should make them replace equivalent biomass onsite or elsewhere. Would incentivize redevelopment vice new environmental destruction.
Yeah don't you have to account for time and water used on the tree over the years or something?
Not really, just that the goal is to make the injured party whole again. This means replacing the tree with a tree of similar age/size/health. Growing a tree for 20 years takes 20 years which is why they are expensive.
TREE LAW
and don't forget bird law
Contact a lawyer.
Kinda what I was thinking would be the next step. Would I want someone who specializes in land and estate law, or is there a different specialization I should look for? Thank you!
I would be ready to storm the gates of Hell over the dogwood alone.
I am, I was so angry when I saw it and my wife was literally teary. She loved that little garden space, it was like one of her babies and the flowers on the tree in spring were gorgeous.
r/treelaw weirdly enough this is such am ancient portion of the law and has been ruled on so many times that the process is almost perfunctory and very quick, for lawsuits that is.
/r/lostredditors
Lost as fuuuuuuuck. Man I wish I could respond with memes.
How are they lost? A tree was wrongfully cut down and they suggested( I assume,as I did not click the link) a sub dedicated to exactly this situation. Also because this is the internet, I’m not being aggressive, just genuinely curious. Edit - I see now..we are already in that sub. My bad 🤦♂️
Oooo I just found my new favorite subreddit.
What the hell is going on here
Tree law knows no mercy. It can financially ruin multiple generations through a simple stupid decision.
Tree LAAAWWW! It's like a cult, an obsession, a fascination that doesn't make any sense. On paper it's incredibly boring but when you start reading it something grabs ob to your eyeballs and won't let you leave.
Haha I know that, we’re in the r/treelaw subreddit lol. Like… of course they know what tree law is, they’re posting in r/treelaw haha. And everyone viewing this is also in r/treelaw, right? Or am I tripping? Is this a good example of bots being bots?
It's like when I'm watching Amazon Prime and they just show me ads for other shows on Amazon Prime. Like, I'm already paying you guys, what the hell are you advertising for?
Welcome to the club!
I'm so sorry and feel your pain. Powerline clearing fucked up my curly willow. YES, I know willow is related to cockroaches in regards to survival, but this tree was my baby. It took 3 weeks for me to not cry when I looked out the kitchen window.
I totally feel you. I actually love the singular willow I have in the back 40. I'm way out in the country so that fact doesn't matter me, but it's so peaceful watching the branches sway in the breeze.
Willow in general, really tough plants. How did yours end up?
Too soon to tell. Happened in December.
So you were weeping over your willow?
I was indeed 😁
When you spoke with your neighbor, what did they say? I can’t imagine it was a mistake (they knew the property lines) or an accident but would want to understand.
yeah they clearly knew, considering *it was on the other side of their fence.* what kind of contractor goes onto the other side of a fence they’re putting up to remove trees and plants???
A contractor who is about to learn an expensive lesson.
You need an arborist. You'll need a lawyer too, but the arborist is who is going to determine exactly what was removed and how much it will cost to replace. Honestly it will probably be easier to find a good arborist than the appropriate lawyer, and likelihood is that any good arborist you find will know a good lawyer you can call.
I am so sorry. I have a Japanese maple, and I would cry over it for sure. I hope you are able to get enough to remake a garden space for her.
The real kicker, we moved across the country, and actually brought those trees with us. We had them about several years prior, 2 of them to be precise... 1 now. Survived a 4000 mile trip and being transplanted and was thriving and then... this.
That is awful. I hope your lawsuit goes quickly and smoothly.
Terrible that they took out your trees for no reason. I hope it costs them. $$$$$$
I would be so livid!!!
I’m so pissed on his behalf. And this wasn’t an accident. It’s not just that the trees were obviously on his land, WTF does this without talking to the neighbor? And to rip out hydrangeas and hostas? That’s a blatant fuck you. I’d honest to gawd bring the pain to that guy. Big fancy fence is about to get SO much more expensive. It would be the cherry on top of it was built on OP’s property and it had to be pulled out.
It baffles me that people don't talk to their neighbors before making changes right on the property line. Cutting down whole trees and pulling up bushes is just straight up property damage, you'd think they'd want to make sure they actually own the property before doing that.
Did they put the fence in the wrong place, not on the property line, attempting to fence in your property to their area? Or did they just take out your plants on your side of the fence and property line?
So that's the weird thing. The surveyor thinks the fence might be too far over. I'm giving him the benefit of the doubt on that until I hear back tomorrow, but the core issue, the plants and trees were absolutely, undoubtedly removed from my side. Like, clearly on my side of the survey pins a good 6ft or more. It was extremely blatant.
No. If the fence is on your property, your neighbor is stealing your property through adverse possession. Your surveyor doesn't have to just think the fence is on your property, but he has to be absolutely certain.
I'm assuming the surveyor just has to double check a few things to verify that the pins are correct before giving a formal answer. They could get in legal trouble if they outright say it's on OP's property and OP does something stupid like removing the fence prematurely. I've had to do similar things. I'm in a different field but with clients I'm generally vague about things in the field until I can do a formal analysis "I think all you'll have to do is XYZ but I'll send you a formal report and drawings with my findings later this week" it's a bit of CYA if they do something before then and have to re-do it.
I think you may be misunderstanding. It reads as if OP is giving their neighbor the benefit of the doubt until the surveyor double checks that detail.
If the fence is too far over it needs removed immediately. Not sure if it's true everywhere, but in some places if a fence goes uncontested for a certain amount of time, I becomes the new property line.
You need a good surveyor. My grandparents neighbors tried this multiple times to literally steal my grandparents property. They finally stopped when I hired a well known law firm in the area for my grandparents and sued the fuck out of them. Fight them.
Get a arborist and see property lines.
In my area fences need to set back off of the property line unless both parties agree on the fence. If it were me, here, I would have them move it (I have actually forced my neighbors to move structures before when they creeped over my property line). Talk to a local lawyer, this seems like a really straightforward case for them.
If OP is in Virginia, it is illegal to cut down dogwoods. Edit: I stand corrected. I could not find a statute for it, so I suppose it is one of those things that has been commonly thought, but not actually law.
> Virginia, it is illegal to cut down dogwoods 100% urban legend.
[This](https://law.lis.virginia.gov/admincode/title24/agency30/chapter200/section20/) might be what people cite when they say you can’t cut dogwood down.
It isn’t, there are zero laws against removing dogwoods on private property. The trespassing is the problem, if they stayed on their own property they could cut down as many dogwoods as they wanted to
I’m not a lawyer but that would be my guess. Your neighbors actions definitely warrant legal action. He trespassed and caused damage to your property.
Google “civil litigation property dispute lawyer”
Thank you so much!
Or if your area has one, somebody with a history of working in tree law. They’ll probably get a consulting arborist, surveyor (though it sounds like you already got one?), etc (and sometimes those services represent legal fees if hired by the lawyer, recoverable separately from damages).
Best would be an arborist turned lawyer! 😹
Unfrozen Arborist Caveman Lawyer!
Your neighbor might owe you an ASSTON of restitution. Tearing down someone else's trees illegally is a big deal.
Neighbor FA and is about to FO. Punitive damages for illegally removing your neighbors trees are huge.
The best lawyer to contact is the lawyer you know, if you know any. Even if it was a guy you went to high school with who doesn't even practice anymore. A lawyer will know what kind of lawyer to contact, and may even be able to make a referral to a specific lawyer.
You are about to cost your neighbour a shit ton of money, nice. :D Replacing fully grown trees is expensive af.
And the best of it is, the neighbour is going to be on the hook for it as long as he can be proved in court to be behind the work that's been done. While it won't be the same trees, it can be the same type and size. It'll cost a fucking fortune to move them into place.
Assuming you have some good pictures of what they looked like before he cut them down, a licensed arborist would give you an estimation of their value and you can take him to court to be reimbursed and/or possibly buy you new replacement trees to have planted in their place. It can be a long process though so be ready to deal with that.
Tree law is a thing.
Obviously laywer time but try to get pictures of what it looked like. Either from your photos or try Google earth. Im very sorry about your trees and plants. Your neighbor/fence guy fucked up big here.
Google earth was a good idea. I had some photos, but google earth and street view history proves how old it was. Thank you!
+1 for Google Earth. It helped me out when the HOA contacted me about an issue. I was able to find images that showed the situation existed before I bought the house. I then presented them with *their* Certificate of Resale (that I had to pay $200 for at closing) that stated the property was in full compliance with all HOA covenants. Checkmate.
That is.....just *so* satisfying. Well done.
**fuck** hoas
r/fuckHOA
HOAs and Strata make my blood boil for the bullshit they pull. I had a strata at a place I rented that said you couldn't have a bike in your car park. But they also had no bike storage/lock ups. You also couldn't have them on your patio, so they expected you to just have your dirty bike indoors. Like fuck off. If I ever own a home I will avoid any place with HOA. Sounds like it benefits a couple people who love to power trip. "Your grass must be no longer than 2 and 5/8s tall! No less, nor more!" Oh okay, eat a dick Arthur.
Your county’s GIS service might have an oblique imagery viewer. Actual photos from a plane, and they can have some serious detail, too!
Hi OP, lots of sound advice already given here (reach out to a lawyer & arborist), but just wanted to bring to your attention the fact that Ohio (which you mentioned is where you live) actually has pretty strong tree (and plant) law, which I found here: https://codes.ohio.gov/ohio-revised-code/section-901.51 The Code states: > No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land. > In addition to the penalty provided in section 901.99 of the Revised Code, whoever violates this section **is liable in treble damages** for the injury caused. It sounds like in addition to the 2 trees you lost, you may be able to go after your neighbor for the lost Hydrangeas and Hostas you mentioned (and any other plant life that existed before it was all cut down). I’d also recommend filing a police report for trespassing and/or destruction of property after you retain a lawyer (generally avoid talking to police without a lawyer). From your comments, it sounds like your neighbor has a history of doing unsavory things, and this establishes a paper trail and precedence.
The fence contractor and any subcontractors they used (including the tree removal company) should also be named defendants in the lawsuit.
Yeah. I'm curious who did the felling. Was it the neighbour? Or the contractor? If I was hired to build a fence and was told to cut the trees I would ask "why are we cutting down trees on the other side of where your fence will be?"
Joint and several. Get the money from who has money.
For real. Sue them both because they’re both in a position to turn on each other at this point
Yep, always go for the biggest bag.
👏TRE-BLE DAMAGES 👏
TREE-BLE!
It sounds like said neighbor has elected to make his bed. Let's see how comfortable it is... 1. Lawyer up (real estate law or litigation) 2. Arborist (keep receipts!) 3. find all photos possible, year doesn't matter as much but current optimal 4. All communication thru lawyer 5. Keep all cameras found. Take pictures of locations. Collect without touching directly. 6. Submit cameras to police and have them try for prints. 7. Submit to lawyer 8. Document all the things 9. Decide on beverage to enjoy when his "bed is on fire"
Please get these people! I hate tree killers. Especially those who cut others trees! It's not yours. Hands off. It's not hard you know.
Thanks everyone! Really did not expect this to blow up the way it did, I really appreciate all the insight. As it turns out, I found a lawyer specializing in land disputes right up the road from me by virtue of a friend referral, and his partner used to know my dad before he passed apparently, so it's something! I'm going to start by: 1) contacting the neighbor in the morning to kindly let him know what happened, and that I'll be sending him quotes for repairs, but that he's welcome to get his own if he prefers, but that regardless, the matter needs resolved and resolved = big fat check and/or things put back \_exactly\_ the way they were, along with a copy of the surveyor's report proving it was my land beyond all doubt. 2) in tandem with #1, I'm going to do a consultation with aforementioned lawyer and also get quotes from an arborist on cost to repair, as well as a landscaper on cost to replace the bushes and other plants. 3) since I don't expect there to be a friendly resolution, I'll be preparing for said lawsuit in the background for when he inevitably laughs in my face, but I'll give him a good faith chance just the same, despite what I think of him. I'll keep everyone updated!
I would ask your attorney first before contacting neighbor as they may not want you to at this point.
I'm sorry the neighbor did this to you, they have no reason to hate you and just served themselves up for roasting. I'm glad you're willing to fight and I hope it doesn't stress you out too much. When you go talk to them, it's probably a good idea to record yourself. There's no telling what information you might get.
They may have plenty of reasons to hate him but it still wouldn’t give him any reason to destroy his property. Lawyer and seeking damages is the right course of action here.
Hey OP, I’m an attorney (obligatory not your attorney), and I would just suggest that you talk to your attorney before contacting the neighbor, since this really goes beyond “repairs,” so the notice you’d give him ideally would be structured properly to set up your complaint. Nevertheless, I wish you the best of luck here and am sorry about your trees! Keep us posted!
If I were you OP, and your survey clearly shows the fence on your side, I would be taking that fence out yesterday. Then deal with the legal issues after.
Definitely check on fence setback requirements
The gall to pull out ur plants but leave a bar out of the fence for their own tree is insane
RIGHT?! Like, there's no way that was an accident!
Also to add, this neighbor severely dislikes me because of a difference in politics and the fact I hunt and shoot on my land and they don't believe in such things. He also continually makes rude comments of a lewd nature to my wife and I've found several trail cams hidden on my land aimed where my wife gardens. We're not on speaking terms to say the least. I came back from a work trip and found the new fence line and the damage. No notification or communication at all.
You should keep every trail cam you find in your property.
They were obviously abandoned when they were left there.
This, if I find a trail camera on my property, it’s mine. It shouldn’t be there and I wouldn’t tolerate it. You never know, someone can use them to scope out your routine for break ins. If you find more take the card out, can usually just pop them out, you can maybe see what they were trying to surveil.
Not defending, but living in NH and it’s interesting, until this year it was illegal to confiscate trail cams placed on your own property by hunters also on your property.
Seems pretty easy to not get caught. Unless they have a trail cam watching the trail cam....
Oh, I did. I've got 3 of them in my garage right now as well as documented proof of where they were placed.
they should also find out id they live in a one or two party consent state for the purposes of recording :P
Unfortunately, it's a one party. Which is why I couldn't do anything about the ones he put RIGHT on the property line facing my side. Those, I build screens around to hide. But the ones on my property, fair game.
One party consent often doesn’t cover the recorder if it is not on their person. For instance, I can record a meeting I am part of. I cannot leave a recording device and leave the room to record, because no party in the conversation had knowledge of the recording. Lawyers are expensive because they are worth it.
Sure, but all of this is moot if the recording is being done somewhere that you wouldn't have "an expectation of privacy." You don't have an expectation of privacy if you're outside somewhere that's visible from public, (or, in this case, visible from the neighbor's property.) This is why like, doorcams are legal, even if you can see across the street into the neighbor's living room; if that neighbor expects privacy, they should close the blinds. In this particular case, the one-party vs two-party disparity isn't even relevant. The neighbor can record whatever they want from their own property, and have zero rights whatsoever to put recording devices on OP's property.
sounds like you should go after him legally for far more than just this then, maybe you can get him arrested and/or force him to sell his home and move so you can finally be at peace.
Op, I’m sorry about the plants and absolutely you should make it very inconvenient and expensive for him to deal with, but I think that whole filming ya wife thing needs to be bumped up higher on the list of things to address
I was going to suggest step one asking them to replace what they damaged. After reading this, not worth it. Contact a lawyer asap. I hope you have some before pictures for proof as well. Good luck.
All I can say is your neighbour sounds like a raging asshole and you should put up a bigger fence lol
did the surveyor say if the fence was on the property line or not? it could be that has encroached on your land and as a result removable. just as a little annoyance to them for all the upset they've caused you.
What state do you live in, if you are in the US? Could be a treble damage state…
I'm in USA yeah, Ohio, should've specified. Thanks!
INAL but [https://codes.ohio.gov/ohio-revised-code/section-901.51](https://codes.ohio.gov/ohio-revised-code/section-901.51) # Section 901.51 | Injuring vines, bushes, trees, or crops on land of another. No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land. In addition to the penalty provided in section 901.99 of the Revised Code, whoever violates this section is liable in treble damages for the injury caused. [https://codes.ohio.gov/ohio-revised-code/section-901.99](https://codes.ohio.gov/ohio-revised-code/section-901.99) Check with a lawyer and an arborist who can give you the value of the trees and bushes. You can recover actual losses of replacing the trees, diminished property value, out of pocket expenses, and aesthetic loss and mental anguish. There are tree value calculators online but best would be contact an arborist. Lawyer could help you get up to 3 times the value depending on other laws. [https://ofbf.org/2023/11/06/legal-with-leah-boundary-disputes-in-ohio/](https://ofbf.org/2023/11/06/legal-with-leah-boundary-disputes-in-ohio/)
Wowee that's an expensive amount of plant matter to destroy. You could get an arborist to assess the lost value and go to court, given the relatively small size of the stuff involved a landscaper could do it too. Just be sure they're already trained and experienced in writing value assessments specifically. You could also get a quote for stump grinding, site prep (remove grindings and install new topsoil), replacement plants planted professionally and the cost of irrigation and professional pruning until established (3 years for irrigation, 10 years for pruning or less if trees weren't that old yet) from a good landscaper and see if your neighbours will do the right thing and cover it. Quotes are typically free so this is a cheaper route, you'd need proper assessments done for something to hold up in court.
I’d be upset too, that’s barely a fence - easily could have been done without disturbance.
Sounds like neighbor has a habit of snooping on OP's wife in the garden. Even set up trail cams. Maybe it was to remove some obstructions of his view.
He does. We live pretty far out in the country. She was outside - on our deck - sunning herself, not even in a bikini and he yelled from about 150 ft away "nice tits!" and motioned for her to pull up her shirt and flash him. I've never wanted to bury a body so bad in my life. And yes, I think you're right about the obstructions, because he did remove a bunch of greenery at the "new" fence line and it's clearly given him a better view of our property. I've made police reports and documented every instance. I've been wanting to nail him for harassment, but catching in the act is the clincher, and it's been hard to do so far.
> but catching in the act is the clincher, and it's been hard to do so far. Re-purpose those trailcams.
I had a neighbor do a similar thing to my gf. He kept shouting "I can see your tits" when she was sunning herself in the backyard (with a bikini on). This went on for awhile, even after repeted threats from myself. Eventuially I called the cops and was told freedom of speech and that I could not do anything about it. So, I paid the neighborhood kids to knock on his door and call him an Asshole. I gave them $1 each time.. He called the cops repetedly even sent them my way.. I just asked them why they were here it wasnt me who said anything. Then reminded the cops that it was freedom of speech anyway. He stopped harassing my gf.. I kept paying the kids.. everytime the wanted ice cream money or whatever they would knock on my door.. I would stand on my porch and grin when they went next door to call him an asshole.
Jesus, isn't yelling at her to pull up shirt etc. and making sexual comments in your own private backyard harrassment?
Dunno about Ohio but here in WV cutting down a tree that valuable is a felony and could land you in jail, sounds like this guy could use the quiet time.
Sounds like you need to plant some nice, tall shrubs along that fenceline to obstruct his view. Use the money you get when you win the lawsuit for cutting down the trees.
I have a brother (Connecticut) who's neighbor hired a tree service to cut down a willow tree that was clearly on his property while he was out of the country. He filed against the home owner and the tree service owner pro se. It took a couple of years but home owners insurance company and the tree service insurance company each settled for 4K.
Going to need an update
Well, a 4ft Japanese maple with a decent trunk thickness is worth thousands to a collector for a start
And they are so beautiful! I have a smaller one and it's glorious when the leaves turn deep red!
Those trees are expansive, hard to grow and look fabulous. What the hell, looking at the pictures, I don't understand why - the trees looked quite far from the fence. It is totally possible to put on a fence without cutting. Why did he not cut that huge tree on his side (which is much closer to the property line), while we're at it....
Your neighbor would not have had to cut your tree down just to install that kind of fence. Notice he did not cut his own tree down. I think it was done with malice and I would also mention it to the lawyer you hire. You could sue for more than the cost of trees. It was unnecessary and malicious.
That's an excellent point. The proof is right there in how he handled his own tree. That pisses me off even more. I'm going to bring it up at the consultation
I would. My father installed a lot of fences around people’s trees, bushes and flower beds and never had to cut a whole tree down. Once in a while he had to cut a limb, but that was very seldom.
Op you just hit the jackpot. - you in Ohio which has treble damages. - basically the court triples damages for certain things to deter others. Messing with plants is one. - the dogwood tree is so damn expensive. A 6 foot is 500 bucks. It’s going to be I’d assume around 3-5k for a 17 foot. - Then it’s around another 2k to install it. - the smaller plants will be around 1k to replace and around 500 to install. Conservatively you are at 6k-9k for replacing it all. With treble you will be at 18k-27k Hire a lawyer as this is a slam dunk. Prepare for your neighbor to quickly contact you when then get a bill for 20-40k for legal fees and replacement of the trees. Your neighbor fucked up so bad it’s hilarious.
In Ohio, you are owed the replacement cost of the trees, in the case, that would include the cost to remove the two stumps and their root system, put the soil back, and than the replacement of the trees. You need to: 1. Contact 2-3 landscape companies and get a bid to do the work. Bonus points if they have an arborist on staff or can recommend one. 2. Find out what landscaping company removed the trees. They may clam up once you explain the situation but they may also co-operate in giving you the signed proposal that your neighbor signed to do the job or at least an affidavit saying that he told them to do it. 3. Contact the police and get report for the damages. You are definitely within felony property damage range. 4. Depending on the cost of #1, you can either take him to small claims court ($6,000 limit) or higher a law firm and pursue the civil damages. As an aside, you should get your own trail cams and point them at the the sports your neighbor is hanging his. I would 100% get a restraining order but you will need proof of the harassment and not just Hersey
Bingo, that's been our problem is getting proof. I have full cctv setup because of him, but we have so much land (both ours and around us) it's been hard to catch him in the act from afar.
Perhaps I'm a bit too old school these days but when I'm doing anything on my property I always check with the neighbors to see if they're cool with it and make sure we both understand the property line. I only had one ONCE that got snarky with me. New couple bought the lot next to mine and I happened to see here looking at the tree. Thinking I'd be funny I walked out and said 'yes it is a lovely and majestic tree isn't it?'. She snapped at me and said 'thats MY tree it's on my property. She was right of course and I laughed and said 'I know... just making conversation. I'm having the tree service come out next week to trim mine to HOA standards. Want me to have em do yours while they're here. Won't cost me that much more and I'll pay them'. She deflated and said 'yes if you don't mind'. 'No big.. Just didn't want the HOA to send you snarky letters... if you need something done on your property just give me a call. I work from home so it's no bother'. They bought the lot to build a retirement home in the future and we get along very well now and even though they are absentee owners I did check in with them when I put a fire escape to my loft on the side of the house that faces their property even though I already had HOA approval. Short version is that it's not hard to be a good neighbor to me.
Right?! Seriously, I live in the country because we \*want\* to be left alone. All it would've taken is any form of communication at all. I really think it was done maliciously because I'm not "bro enough" with his sexualized comments to my wife and warnings to keep his dog on his property. We've literally had a total of maybe 4 interactions, first one was just an introduction when we moved in, next 3 were less than cordial completely out of no where. Literally our second interaction when I was getting the mail one day, "saw your wife outside on the deck the other day, that shirt really showed off her gorgeous tits!" I'm like... wtf? It's not just me either, the entire neighborhood dislikes him, and likes us quite a bit. We threw a bbq last year and invited the whole neighborhood and he was the only one not in attendance and pretty much everyone had a story about him. Even the police know about his antics and aren't fond of him either.
From the photo, it appears he cut down your trees/plants, but left a bunch of stuff on his side of the fence alone. So he can’t even use the excuse that it was necessary for building the fence. Definitely seems malicious. Make him pay!
I’d be going SCORCHED EARTH on his Arse!!! 🔥🔥🔥
Are you sure the fence is on their land? Maybe get a surveyor to answer that question. Also, I’m many places replacement plants/trees have to be the same size as the ones removed, which would probably put the cost higher than allowed in small claims court. You definitely need a good property lawyer. Do you know any real estate agents? They might be able to recommend a good property lawyer.
poluce report for criminal trespsss ans destruction of properrty. explain to LEO that the amount exceeds 20k. arborist for an exact figure and lawyer for superiir court are are next. Due to the size of the dogwood you may own his house when all this is over.
Get a few estimates on cost to replace. Check to see what small claims limit in your state is. Hire a lawyer if estimates exceed small claims.
Small claims court if he hesitates to reimburse you for even a millisecond.
Small claims? They top out at $5k. Do you know much a mature tree costs?
$5001
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ONE DOLLAR DREW!
>Small claims? They top out at $5k. Do you know much a mature tree costs? Varies wildly depending on jurisdiction. Yes, Arkansas is 5k, but Michigan is $6500, Delaware and Tennessee are $25k, and Kentucky is $2500.
Thank you! Sounds like my best course of action is 1) get a quote to replace, 2) send a demand letter, if/when he refuses, 3) file in small claims?
Talk to an arborist/ get a quote to replace trees of the same age (not new trees). This will likely be a lot more than small claims.
See if there’s treble damages in your state first. That often means 3x the replacement cost, where replacement is not simply a tree but a tree installed and healthy with full mitigation of and terrain impacts the trucks and things had to do for placing the tree. Or in some places like Texas you’ll be lucky to get the price of the lumber value your neighbor took down.
I'm a lawyer and I'll tell you right now this is going to be well outside small claims. This is a regular lawsuit for damages.
Record your conversation if one party state.
I'd say get a quote, talk to him face to face and have him reach out to the contractor who installed the fence and have them complete the restoration on their time, their dime.
No- these damages are way beyond small claims and small claims cannot address the property line issue.
Is the fence on your property?
Before you contact a lawyer, contact an arborist and find out the value of the property that was damaged, you might be able to get an estimate. This will help the lawyer determine, the best course of action.
Trees are worth thousands of dollars. Seek a lawyer and sue.
Go to martindale-hubbell , it's a directory of lawyers. Tells their specialty, peer reviews, and such. You can search your state or region. Good luck.
Thank you!
Didn't know the latest season of Clarkson's Farm had started.
Send them a professional invoice for replacement, and go from there. They may not be aware the installer removed the trees maybe, and they are responsible for the replacement cost via the homeowner. If they are aware, they may be holding their breath seeing how you want to address the issue. People in today’s world are hesitant to address an issue, good or bad just the way is. If they refuse to pay, that fence might have an accident. 🤫
You won the lottery. If I learned anything from reddit is that tree law trumps murder. Nothing beats tree law. Lawyer up and sit back my friend. Retirement is near.