my neighbor cut my tree in my property

本文內容已被 [ gujiguji ] 在 2013-09-24 11:51:39 編輯過。如有問題,請報告版主或論壇管理刪除.

A little background.  

We live in a neighbor hood that everybody has a small lot. And we have been living to our current house for a little more than 1.5 years.  In summer 2012, our neighbor tried to convince us to cut all our trees in my back yard for whatever reasons. And there are more than 10 big trees. We clearly told them that we wanted to keep our trees and had no plan to cut them.  

In the past two weeks, the neighbor has been trying to talk us again to cut our tree stating our tree have caused falling leaves in his yard and blocked the air going through his house. At the mean time, he tried to convince us that he is doing it in our favor as well by saying that trees could cause diseases to our body and termite problems to our house. And he is going to be responsible for the cost to cut the trees. We of course told him again clearly that we wanted our tree and if our trees have caused problems to him, he has the right to cut the branches on his side.  He didn’t give up and tried another couple of conversations with my hu*****and and me to try to cut our trees. During the last conversation, he and my hu*****and had quite an argument and I was cooking but I went out to have a small conversation with him and try to make peace with him. In the end, I told him that I would give his tree guy permission to come to my property to trim the branches hanging over his property but I need to be home at the time he was going to trim the branches. Also I told him that I would get back to him whether I wanted my trees cut or not.  After that, I was trying to find a solution to make both of us happy because he is my neighbor and we probably are going to live next to each other for a long time. My friend even suggested to me that I can share the cost of trimming the trees with him to indicate that we want to be a good neighbor.  And I agreed. So I called a couple of tree companies trying to find out the cost. And one of company I called was exactly the same company who was going to do the job for my neighbor. I told him that I wanted to make my neighbor happy at the same time I didn’t want to the trees cut. He told me that my neighbor had every right to trim the branches over his property and he was just going to cut 6 or 7 branches on his side. And I wouldn’t even notice any difference from my side. And he told me that he preserves trees and he needs my permission to get to my property to trim the branches right from the trunk. I was happy about the answer and told that I will talk to my neighbor then get back to him.

But I never have got a chance to talk to my neighbor yet, Last Thursday I was home expecting a piano tuner  and my door bell rang. I opened the door and was surprised to see that was not the piano person. The person introduced himself as the tree guy that I talked on the phone and the same one who my neighbor hired to do the tree job.  He told me he was going to prune the trees next day and asked my permission to come to my property.  And I gave him permission. The following day, I couldn’t stay at home and had to go to office, But three trees were gone after I came back from work and the tree trumps were still there.

 

So my questions:

  1. I want to punish my neighbor for cutting the trees on my property and send him a clear message not to mess up with me again.  I want to remove the trumps and plant three trees there again and want them pay the bill. Should I take it the court for this?
  2. Based on what I wrote,  am I going to win this 100%.

 

 

 

 

所有跟帖: 

And thanks a lot. -gujiguji- 給 gujiguji 發送悄悄話 (0 bytes) () 09/24/2013 postreply 08:04:21

call 911 first. -trades- 給 trades 發送悄悄話 (0 bytes) () 09/24/2013 postreply 08:59:36

you were too stupid -trades- 給 trades 發送悄悄話 (71 bytes) () 09/24/2013 postreply 09:01:10

You are too rude! -gujiguji- 給 gujiguji 發送悄悄話 (0 bytes) () 09/24/2013 postreply 10:13:37

And how did you know that I havn't talked to a police yet? -gujiguji- 給 gujiguji 發送悄悄話 (0 bytes) () 09/24/2013 postreply 10:14:50

Sue and you will win. -oneusdollar- 給 oneusdollar 發送悄悄話 (1 bytes) () 09/24/2013 postreply 11:09:04

First, you need to call the tree company to tell them that they -N.- 給 N. 發送悄悄話 N. 的博客首頁 (387 bytes) () 09/24/2013 postreply 11:48:42

BTW, I am not sure how big your trees are. In my town, if a tree -N.- 給 N. 發送悄悄話 N. 的博客首頁 (351 bytes) () 09/24/2013 postreply 14:28:38

You are exactly right about that. A permission is needed for tre -gujiguji- 給 gujiguji 發送悄悄話 (91 bytes) () 09/24/2013 postreply 16:19:16

You probably also want to report this to police. -N.- 給 N. 發送悄悄話 N. 的博客首頁 (536 bytes) () 09/24/2013 postreply 23:27:01

Thanks for all replies. and I am more clear about what I need t -gujiguji- 給 gujiguji 發送悄悄話 (0 bytes) () 09/24/2013 postreply 11:54:31

有沒有書麵證據表明你隻是讓他們砍樹枝,而不是整棵樹? -貼心她媽- 給 貼心她媽 發送悄悄話 (0 bytes) () 09/24/2013 postreply 12:53:44

No. -gujiguji- 給 gujiguji 發送悄悄話 (0 bytes) () 09/24/2013 postreply 13:07:46

I guess they also 沒有書麵證據表明你讓他們砍整棵樹? -N.- 給 N. 發送悄悄話 N. 的博客首頁 (0 bytes) () 09/24/2013 postreply 13:17:51

That is right. -gujiguji- 給 gujiguji 發送悄悄話 (0 bytes) () 09/24/2013 postreply 13:40:48

如果沒有書麵的東西,建議否認給過對方任何授權,包括砍樹枝。 -二胡一刀- 給 二胡一刀 發送悄悄話 二胡一刀 的博客首頁 (0 bytes) () 09/24/2013 postreply 13:19:43

They have the right to cut the branches hanging over their prope -gujiguji- 給 gujiguji 發送悄悄話 (6 bytes) () 09/24/2013 postreply 13:42:10

不一定。看你在哪裏。 -jin_yin_hua- 給 jin_yin_hua 發送悄悄話 (0 bytes) () 09/24/2013 postreply 16:48:11

你如果說你給過任何授權,他們就會說給的是砍樹授權,你也沒有錄音啥的,到時候 -二胡一刀- 給 二胡一刀 發送悄悄話 二胡一刀 的博客首頁 (108 bytes) () 09/24/2013 postreply 17:18:22

I havn't talked to my neighbor since I said that I would get bac -gujiguji- 給 gujiguji 發送悄悄話 (968 bytes) () 09/24/2013 postreply 18:00:40

你應該找砍樹公司出一份證詞來說明你當時授權的範圍。畢竟你允許他們進入你花園的。 -jin_yin_hua- 給 jin_yin_hua 發送悄悄話 (0 bytes) () 09/24/2013 postreply 18:34:56

你和你鄰居口說無憑。木有書麵材料,基本上沒用。現在不是辯論而是準備打官司的時候。 -jin_yin_hua- 給 jin_yin_hua 發送悄悄話 (0 bytes) () 09/24/2013 postreply 18:39:07

so a battle is unavoiable? If that is the case, I am ready for i -gujiguji- 給 gujiguji 發送悄悄話 (0 bytes) () 09/24/2013 postreply 19:05:49

Also there is one thing that I don't understand. -gujiguji- 給 gujiguji 發送悄悄話 (130 bytes) () 09/24/2013 postreply 19:22:21

how about: 你鄰居同你商量樹的問題,你們同意由他出錢出力。樹沒了後你反悔了。 -jin_yin_hua- 給 jin_yin_hua 發送悄悄話 (0 bytes) () 09/24/2013 postreply 20:28:24

still you didn't convince me that i wanted my trees gone in the -gujiguji- 給 gujiguji 發送悄悄話 (189 bytes) () 09/24/2013 postreply 21:03:38

你的樹影響到了鄰居,你發善心,加上small lots的`樹根可能影響房子的地基。 -jin_yin_hua- 給 jin_yin_hua 發送悄悄話 (68 bytes) () 09/24/2013 postreply 21:25:32

It is a small lot. But there is no way for trees -gujiguji- 給 gujiguji 發送悄悄話 (297 bytes) () 09/24/2013 postreply 22:12:41

I wanted to help myneighbor but it didn't mean that I had to -gujiguji- 給 gujiguji 發送悄悄話 (136 bytes) () 09/24/2013 postreply 21:32:08

要是他們能證明你隻要砍樹枝就好了。不然大家隻好可信度。 -jin_yin_hua- 給 jin_yin_hua 發送悄悄話 (0 bytes) () 09/24/2013 postreply 18:43:19

不過要是他們說隻砍樹枝樹活不了,更危險,你還得找其他人來反駁。 -jin_yin_hua- 給 jin_yin_hua 發送悄悄話 (0 bytes) () 09/24/2013 postreply 18:47:16

As far as i know, the party who does tree trimming is liable for -gujiguji- 給 gujiguji 發送悄悄話 (27 bytes) () 09/24/2013 postreply 19:02:50

請看我的經曆, 和老印打官司 - 被砍樹 -orangee- 給 orangee 發送悄悄話 (1143 bytes) () 09/26/2013 postreply 06:19:09

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