My Shipmast Locust/ to be or not to be!

[regsyard]

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[treeclimber165]

Sounds like you have a vengeful neighbor. Unfortunately the property line goes straight up and straight down and he can cut whatever he likes on his side. I have been asked to do jobs like this and usually walk away if I think that it will hurt the tree. Have you called in a certified arborist to discuss this situation with him? Perhaps getting a 3rd party who is only looking at the effects on the tree might be helpful. The guy sounds like a tree hater with no understyanding of trees. If you can't work with him to minimize the damage, all you can do is deny him access to your property so it is more difficult for him to get to the tree.

 

[Treeman14]

Your neighbor does have the right to cut limbs (and roots) encroaching his property, UNLESS this causes death or severe injury to your tree. If you really want to pursue legal action, first take lots of pictures as soon as possible. Then, hire a consulting arborist to evaluate the damage done. Do whatever is necessary to correct or alleviate the damage. This usually involves cutting back stubs and torn limbs. Finally, contact an attorney familiar with arboriculture/landscaping/trespass laws.

 

[John Paul Sanborn]

American Society of Consulting Arborists (ASCA)

http://ASCA-consultants.org/

 

[Treeman14]

Regan,
Most building inspectors don't know their ash from their elm tree. Get a certified arborist to look at the tree.

 

[John Paul Sanborn]

I assume this is a cultivar of huney locust, wich is a leguem, wich fixes nitrogen naturaly. Or I should say ther sybiots in the roots do.

Rule of thumb is greater than 25% of canopy loss can greatly stress a tree. The big Q is do you think it is ugly? Will he pay to have it removed so you can replant something that wont grow over the property line? There are a number of very upright (Fastigiate) beech that are almost pillar like. Like Dawick red, very cool looking. european beech.

 

[treeclimber165]

He said it was a 100 year old tree. Not replaceable in our lifetimes!

 

[Toddppm]

Cutting your locust may come back to haunt him, those trees sucker from the roots when cut down or disturbed You might have a thicket of locusts come next spring(and him too)

 

[Treebeard]

I'd suggest getting a copy of "Arboriculture & the Law" from ISA. Your local bookstore should be able to order it by title. At least then you'll have some answers to legal tree questions from experts & an idea of your rights and options. Photo-document the tree now & keep taking pics if the health seems to be declining. If the tree dies from his prune job you should have some recourse for replacement if you want to fight or perhaps your homeowners policy will cover that loss of property value. Pretty unprofessional & rude to have a tree crew laugh at a concerned homeowner & potential future client too. I almost always get a job from a neighbor after they watch me work. I'd be tempted to leave a rude employee hanging from a good strong limb if somebody acted like that. I apologize for all of us.

 

[John Paul Sanborn]

Well you may be able to act like the neighbor. Do you have to permit easmet for the repair of his retaining wall? Can you make him restore your yard after the work is done?

How about calling the paper and tv and see if they would like to do a human interest story. Get a good arborist to say what was done badly. Maybe mention the laughing company by name???

I too apologise for the behavior of the hacks impersonating arborists. Well, tree trimmers.

 

[Jay Banks]

Regan,
STOP! Take a breath and grap your camera. Document the results of your neighbors work. Then contact the ASCA (consulting arborist) who has experience as a legal expert in arboriculture and have him/her prepare a report stating the events.

Then call your lawyer to help you through the process to stop the trespassing and compensate you for the damages.

Trees have value!

 

[John Paul Sanborn]

Thrats of physical violence should be reported to the police so that there is a formal record.

If the climbers cut on your side of the property line they may have been doing it to make a proper cut instead of stubbing. Not a good idea when there is the level of acrimony involved.

As for calling "your lawer" this is not the advice we gave. You need one who is familliar with property rights, trespass, and specific tree issues. Your council may be able to point you in the right direction. You may be up against pressident though. Trying to set new president can be an uphill battle. I do think it is something needs to be done?

City hall may be biased in your neughbors favor and see it as a property rights issue where he is in the right. Who knows.

Have a surveyor assess the true property line so that you have verification. Here's the ASCA link again http://ASCA-consultants.org/.

BTW where did I "say anything about being nieghborly? I just reread my post and it's not there.

What I was asking is do you have to allow them on to work on the retaining wall.

BTW what you want to look at is loss of amenity value and cost of cure. Is the tree a total loss? have yuo lost any screening it provided? Will the work done cause risk of future falure?

He cannot allow workers onto your property. They ,and the company they work for are responsible, for their actions such as tresspass.

And again, document, document, document.

 

[treeclimber165]

Everybody hates lawyers till you need one. I think you need one, Regan. A lot of them work on a contingency basis so no money up front. I certainly hope you hire one, and a CONSULTING ARBORIST to document the damage. If I were involved, I'd have a lawyer by now.
Keep in mind that this too shall pass. It's always darkest just before the sun pops up. :angel:

 

[John Paul Sanborn]

Check what you need for legal setback from the property line before you install anything.

Doing a burm planting of arborvitae or juniper would give you a good start on hight with a smaller budget.

Have the proerty line marked by the surveyor and politly tell the contractor installing the wall that Mr. Papa has satrted a mini civil war and that they are not to tresspass.

Keep the camcorder hanady and charged.

Good luck.

 

[John Paul Sanborn]

Locust seed out readily and they sprout from roots. It could be either, depends on how close to the tree they are.