ttst12345
Apr 8, 2009, 05:44 PM
I own a vacant lot next to a park. On Monday, I discovered that a neighbor had hired a tree service to chop down trees there (to improve his view). They had downed 3 cottonwoods (from 12 to 20 feet) by the time I reached them.
Per the tree service: Neighbor told them the property was part of the park, and that he had chopped down trees before. (Not on MY lot, he hasn't.) Tree service didn't know I owned the lot. They were nice people and stopped immediately.
I met with the neighbor. He also stated he didn't know the property was mine, that he thought it was part of the park. I told him that I wouldn't allow him to chop down any more of my trees, and besides we need permits from the City to remove trees. Since the tree service was only hired to cut the trees, but not remove them, I would have ended up with the debris on my lot. I was able to work with them to get the debris removed. But... my neighbor hasn't apologized, and I believe he thinks the matter is over. And he may well be right.
From what I’ve learned from attorneys and City ordinances, I’m screwed!
-- I can’t charge (the tree service) with trespassing because he didn’t know it was my property.
-- It’s a civil matter, so it’s just between him and me.
-- Even if I wanted to get tree replacement monies, they were fairly mature trees, and cottonwoods – pretty much considered a nuisance “weedy” tree (per City ordinance). The judge probably wouldn’t award me any money. So I probably couldn’t legally ask the neighbor to replace the trees.
-- He thought it was the park, and of course chopping down trees on public property can have a stiff fine, but it has nothing to do with me. It would be up to the City to pursue punishing him.
-- The trees on the lot didn’t serve much purpose, so losing privacy, aesthetic considerations etc. aren’t really applicable.
-- Here’s the beautiful part: If for some reason the City decides to pursue, they’ll probably punish ME (property owner) and make me follow up with the neighbor on my own to get compensation. As a result, I haven’t contacted the City Arborist.
How on Earth could this be? A careless and selfish guy just chopped down three trees on my property and I have to swallow it? I might even get punished for it? Even if I was in the mood (which I’m not), I couldn’t retaliate by choppping down his trees, since I know they belong to him.
Come ON, something’s got to be wrong here. I don’t believe in frivolous lawsuits, but I also don’t believe you can just go into someone’s property and chop down their trees, even if you didn’t know they belonged to someone (especially if you thought it was a public park).
Any advice or insight besides “just let it go?”
Per the tree service: Neighbor told them the property was part of the park, and that he had chopped down trees before. (Not on MY lot, he hasn't.) Tree service didn't know I owned the lot. They were nice people and stopped immediately.
I met with the neighbor. He also stated he didn't know the property was mine, that he thought it was part of the park. I told him that I wouldn't allow him to chop down any more of my trees, and besides we need permits from the City to remove trees. Since the tree service was only hired to cut the trees, but not remove them, I would have ended up with the debris on my lot. I was able to work with them to get the debris removed. But... my neighbor hasn't apologized, and I believe he thinks the matter is over. And he may well be right.
From what I’ve learned from attorneys and City ordinances, I’m screwed!
-- I can’t charge (the tree service) with trespassing because he didn’t know it was my property.
-- It’s a civil matter, so it’s just between him and me.
-- Even if I wanted to get tree replacement monies, they were fairly mature trees, and cottonwoods – pretty much considered a nuisance “weedy” tree (per City ordinance). The judge probably wouldn’t award me any money. So I probably couldn’t legally ask the neighbor to replace the trees.
-- He thought it was the park, and of course chopping down trees on public property can have a stiff fine, but it has nothing to do with me. It would be up to the City to pursue punishing him.
-- The trees on the lot didn’t serve much purpose, so losing privacy, aesthetic considerations etc. aren’t really applicable.
-- Here’s the beautiful part: If for some reason the City decides to pursue, they’ll probably punish ME (property owner) and make me follow up with the neighbor on my own to get compensation. As a result, I haven’t contacted the City Arborist.
How on Earth could this be? A careless and selfish guy just chopped down three trees on my property and I have to swallow it? I might even get punished for it? Even if I was in the mood (which I’m not), I couldn’t retaliate by choppping down his trees, since I know they belong to him.
Come ON, something’s got to be wrong here. I don’t believe in frivolous lawsuits, but I also don’t believe you can just go into someone’s property and chop down their trees, even if you didn’t know they belonged to someone (especially if you thought it was a public park).
Any advice or insight besides “just let it go?”