Encroaching Neighbor (1 Viewer)

[Jeff Ulmer]

According to the story, the tree company knew they were on his neighbor's property, but I agree, there is no compensation for cutting down trees. I would hope the guy gets fined in the tens of thousands of dollars though. To replace a mature tree (assuming it could even survive) could cost a hundred grand. Better yet, the neighbors should build an eyesore in the location of the old trees.

 

[Sami Kallio]

Proper punishment would be to pay the fines and the value of the trees, then go and determine how much his property value went up and add that to the final payment amount. At least.

 

[Mike Frezon]

What kind of price tag can you put on "century-old oaks"? That's a real tough one. How do you compensate the property owner for that?

The whole reason I re-printed that story was because I thought MarkMel was letting his neighbor off way too easy. I'm all for being nice. But you can't let people (even if they are neighbors and you don't want to make waves) take unfair advantage of you. After all, the neighbor admitted they knew full well they were taking down trees on your property.

 

[Henry Gale]

Here's what happens if you mess with the wrong tree in Texas...

[c]The Treaty Oak[/c]
The Treaty Oak is a living symbol of history and is estimated to have been about 100 years old when Columbus first landed on North American shores. In 1927 the Treaty Oak was admitted to the Forestry Association Hall of Fame for Trees in Washington and declared the most perfect specimen of a North American tree.
For centuries it survived searing summers, dusty droughts and whistling winds. It is the last survivor of a grove of fourteen trees known to local Indians as the Council Oaks. This tree takes its name from the role it played in the history of the Lone Star State. It is said that Stephen F. Austin signed the first boundary line agreement between the Indians and Whites under its branches. Great battles were fought and important conferences were planned, pacts signed, and feasts and religious ceremonies celebrated in its shade.

In recent years, the small one-quarter acre lot around the tree has been the site of weddings, school outings and picnics. In 1989, the tree was deliberately vandalized with massive amounts of poison. As the tree slipped into critical condition, a blank check was written by Texas industrialist Ross Perot and experts were summoned to treat this beautiful living tribute to Texas history and to deal with the crime against common decency. The culprit was arrested, tried and convicted for his deed and was sentenced to nine years in prison. The reason for his act? Unrequited love.

 

[Henry Carmona]

500 yrs old, some even say 600 yrs old.



Downtown Austin, TX

 

[MarkMel]

Nah, I'm not being too easy, just haven't had the time. Now if she touches another tree between now and when I have the time, there will be hell to pay.

I am monitoring the perimeter, no one sleeps on my watch.

 

[todd s]

Either Henry's...I assume they were able to save the tree?

 

[Henry Carmona]

Yes they saved it, but it took alot.

They neutralized the soil, removed alot of it, added lots of things to help it too.

However, it doesnt look like that anymore :frowning: They had to remove alot of canopy and trim it.

Its a bit surprising but i guess its the species or something, but ive seen some oaks that make that thing look like a bean sprout. Some of the oaks ive seen are maybe 9 feet at the base or more!

 

[MarkMel]

So, I finally got a chance to talk to the town. I had to call the building/zoning dept to deal with some things regarding my addition.

So I told him what was going on with the neighbor and he said that what she was doing was trespassing, vandalism and theft. He said that his dept doesn't deal with that at this point and I should call the police and file a report.

So I think I am going to call and make a general inquiry regarding the situation because I think I need to get this on record since she is to begin her clear cutting soon.

More details to follow.

 

[Mike Frezon]

Get it done, Mark. I know it seems like a pain in the a$$...but, get it done.

 

[todd s]

Just a question for Mark. How have things been? Any updates?

 

[MarkMel]

She has ceased her clear-cutting and is no longer making modifications to my property. I replaced the pin and make weekly trips up there when they're home to check things out. I think that it the end of it. (I hope)