Neighbor cuts down my tree! (1 Viewer)

[Jason_Els]

Where's Treebeard when you need him??

If it's any consolation ash isn't so great in a fireplace. It's smokes a lot and coats the chimney.

This guy did this while nobody was home. He didn't even check with you beforehand and YOU may now be in trouble with local government.

File a police complaint ASAP and try to find pics of your house with the tree in it to prove replacement value. Huge trees can be moved. Bill Gates moved one mature oak 3 feet when he built his house. Don't ask about the cost.

Suing for specific performance is usually difficult. Would be better to sue for monetary cost of damages and replace it yourself.

Either way be sure you have a police record for what happened in case DPW or the Portland tree police come knocking.

 

[Wayne Bundrick]

Either way be sure you have a police record for what happened in case DPW or the Portland tree police come knocking.

If Dennis is going to be in trouble because one tree in the corner of his lot is gone, then his neighbor will be in even worse trouble because Dennis said the neighbor has cut down just about every tree on his own lot.

 

[DennisHP]

Update. Kind of...

The guy is either avoiding me or is VERY busy lately although I hope to speak with him today (Sunday).

Greg_R, I didn't know you had to have permission to cut down your own trees. I'm in the Milwaukie area in Clackamas Co. (bordering Portland to the south) and Multnomah Co. might be different. Hell, I can have chickens in my yard if I want to but I will check this out anyway. Thanks for the tip. If you're right, he's in for a hell of a problem.

I'm going to see what kind of attitude he has when I approch him and if I detect anything other than someone who wants to rectify the problem, then I'll call the police and generate a small claims suit. I'm hoping he'll be willing to remove the stump and plant a like tree at least 10' tall (the wood, of course, is mine). I think that's more than reasonable as I don't really want to start a big hassle with the guy. But I can be a real bastard if that's how he wants to play it.

I hope to post back later today with satisfactory results so tune in later.

 

[Henry Carmona]

Sounds good Dennis.
Dont even argue with the guy. State the facts and if he acts like an ass, leave.
Have your lawyer send him a letter

 

[DennisHP]

So here's the final outcome... the neighbor, Bob (real name), was very apologetic about misunderstanding what I gave permission to cut down and what I wanted left standing and was afraid he'd pissed me off. I assured him I was dissapointed but not really pissed off. So before I even mention what I wanted, he stated he was going to remove the stump and plant something smaller in it's place if that's what I wanted. Having thought about the situation for a couple days, that's exactly what I wanted!

Granted, I could make a bigger deal out of it than this and go thru the hassle of cops, lawsuits, "I want a 30' tree back" kind-of-thing but who needs it? If it was a prize tree, had sentimental value, or he had come into my fenced back yard to cut down a tree I would probably feel different but those examples are not the case. Actually, I'm relieved it did not have to come to litigation and I'm also glad he wasn't home when I arrived home to find the tree down; I'm not a thinker when I feel someone is getting in my space and my first reaction is always anger. Fortunately neither one of us had to experience that.

Thanks everyone for all the comments and suggestions regarding what turned out to be a solvable problem between neighbors.

 

[PatrickM]

Dennis,

Glad to hear its not coming to litigation and you can keep a civil relationship with your neighbour. Thank goodness he wasn't a dick.

Patrick

 

[Jeffrey Noel]

Dennis, I'm glad it all worked out for you. It's cool that your neighbor realized and admitted to his error, and that he even offered to remove the stump and plant a new tree for you. Heck, this may even bring you two to becoming friends. It's something that maybe in the future you could sit back and laugh about it together.

 

[Shayne Lebrun]

I'll be the one to say 'You might think about getting it in writing from him. Just in case.'

 

[Kirk Gunn]

This is a great lesson for everyone... Patience !!!!

One concern: We had a tree taken about a year ago, and had the stump "ground down" rather than removed. If you intend to replant on exactly the same spot, you might investigate if another tree will grow there. While the grinding process ensures the stump is gone and will not regrow, I'm not sure how much of the original root structure may be left underneath. May be tough for a sapling to grip onto as it matures. You might settle for a few feet away.

 

[Jon_B]

Sounds like you could have a happy ending. Good to hear.
Jon

 

[Dennis Reno]

Thanks for the update Dennis. Good to hear it (apparently) has ended without the police or lawyers being called in.

 

[Jason Wolters]

Good news. I have had a great deal of experience with dealing with nieghbors. The neighbor on the East and I, no longer speak. We had a dispute and can no longer stand each other. The neighbor on the West has his sprinkler system located on my land. I had him sign a paper stating that he will not stake claim to it. We worked things out and still get along.

The point is, that if you have a neighbor that you can't get along with, then you have a problem far greater than any tree, etc. Some day you will need that neighbor's understanding on something. Trust Me. To all who suggested other acts of violence etc., I will assume it was for the sake of humor. While I don't assert, that anyone should let a neighbor take advantage of them, I think they should carefully weigh their actions in response.

 

[Janna S]

I was going to toss in some lawyerly info (for example, in Alaska in a civil suit for unauthorized tree removal there is a triple damages provision in the law) but after reading all the way through, I am glad to see that he was not a jerk, that all the anger you felt and all the nastiness people had generated on your behalf were unnecessary, and that you will be able to resolve both the tree issue and the neighborly relationship issue peacefully.

But as Shayne said above, get something in writing about his provise. In an excess of caution, you should preserve a photographic record of the tree in its original state, the bare spot, and the woodpile. Jot down some notes about what happened when (when you first talked, what you agreed to, what he said, when he cut it, your efforts to contact him, your conversation with him, etc.) You might go so far as to visit a nursery or a landscaper and get a price quote on the value of the original tree at today's market rate. Stick all this stuff in a folder and put it away. With luck, you'll never need it, and you can just throw the whole folder away in a few years. But if things go south, and he pulls another "oops" stunt, you'll have the documentation you'll need.

This advice applies to about every disagreement or dispute you get into, by the way - car accidents, child support disputes, personal property disputes, you name it!

 

[Michael Mathius]

Dennis:
Now that you seemed to have worked things out with your neighbor maybe you invite him over for a movie and a beer.
You never know what the future holds and he maybe the person who may lookout for your interest.
Or you can just give him the hometheater bug and then the upgrade bug from you.