TNCR Brain Trust Question
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My guess is their lawyer knows full well that his letter has no force of law, but sent it because that's what he was hired to do. My guess is he expects he will hear from your lawyer, they'll both make a little money, and then their lawyer will tell them they don't stand a chance in court and need to reach a compromise.
I know the type of people your neighbors are - get a lawyer, get a judge's ruling, and then once a judge clarifies the law to them, hire a couple of flunkies to trim the tree. The "value" they are assigning to that tree is ridiculous, by the way.
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@klaus When we had first met, a few weeks after JN died, she told me she had worked with Nash in some capacity ...
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@ivorythumper said in TNCR Brain Trust Question:
@klaus When we had first met, a few weeks after JN died, she told me she had worked with Nash in some capacity ...
Bless her heart. I met Lawrence Welk at an airport, back in the day....
Nice story and totally irrelevant to your current situation.
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Buy yourself an assload of squirrel feed. Bird feed. Anything feed. Cultivate a woodland creature sanctuary.
Owls or large birds would be most ideal.
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@mik Look at the aerial map -- basically back to the building set back line -- 10' off the property line.
But I think it is better to not talk about anything except for the strict law against trespass. I shouldn't need to justify in any sense what is "the landowner's right to peaceably enjoy full, exclusive use of his property" Making such arguments only complicates things and gives grounds for emotional or aesthetic or environmental/tree hugging considerations.
It seems better to stick to: the neighbor is derogating my property right which is firmly established under common law and all subsequent case law regarding the inviolability against trespass.
no?
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@george-k said in TNCR Brain Trust Question:
@jolly said in TNCR Brain Trust Question:
Use a battery drill motor to dig some holes around the feeder roots on your side of the fence (feeder roots go as far out as the canopy) and pour the holes full of Round-up mixed at about four times normal strength. Wait a few weeks, then refill the holes with a more concentrated solution. Repeat as needed.
Yeah, that'll kill the tree to be sure. It won't take a lot of detective work to figure out why that happened.
Better Call Saul.
They hired a forensic arborist already... he's probably on their iphone Favorites list.
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@mik said in TNCR Brain Trust Question:
@george-k said in TNCR Brain Trust Question:
@mik said in TNCR Brain Trust Question:
How much has to be trimmed to allow you to move forward with solar? That’s really the important thing here.
Not sure about that. Once the tree's branches cross the property line, it's up to the owner of the trespassed property how to deal with it. What he wants to do with it should be irrelevant.
My concern is whether the trespassed has any liability for damage to the tree that is trespassing, should it die.
It’s very relevant. If IT can trim back sparingly but enough to proceed without hurting the tree, the neighbor has no cause of action.
No cause of action does not mean no law suit to defend against.
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@larry said in TNCR Brain Trust Question:
My guess is their lawyer knows full well that his letter has no force of law, but sent it because that's what he was hired to do. My guess is he expects he will hear from your lawyer, they'll both make a little money, and then their lawyer will tell them they don't stand a chance in court and need to reach a compromise.
I know the type of people your neighbors are - get a lawyer, get a judge's ruling, and then once a judge clarifies the law to them, hire a couple of flunkies to trim the tree. The "value" they are assigning to that tree is ridiculous, by the way.
I have no need to compromise, and it is against my interests at that point: ""the landowner's right to peaceably enjoy full, exclusive use of his property"" That tree is now a source of my lack of peaceable enjoyment and I don't ever want to have to think about it again.
Once I have a judge's ruling there is no compromise.
I don't care what they do to the tree, or what happens to it, as long as it is not trespassing on my property.
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@aqua-letifer said in TNCR Brain Trust Question:
Buy yourself an assload of squirrel feed. Bird feed. Anything feed. Cultivate a woodland creature sanctuary.
Owls or large birds would be most ideal.
They do have a tiny dog which would make a good target for training a hunting hawk...
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@ivorythumper said in TNCR Brain Trust Question:
@larry said in TNCR Brain Trust Question:
My guess is their lawyer knows full well that his letter has no force of law, but sent it because that's what he was hired to do. My guess is he expects he will hear from your lawyer, they'll both make a little money, and then their lawyer will tell them they don't stand a chance in court and need to reach a compromise.
I know the type of people your neighbors are - get a lawyer, get a judge's ruling, and then once a judge clarifies the law to them, hire a couple of flunkies to trim the tree. The "value" they are assigning to that tree is ridiculous, by the way.
I have no need to compromise, and it is against my interests at that point: ""the landowner's right to peaceably enjoy full, exclusive use of his property"" That tree is now a source of my lack of peaceable enjoyment and I don't ever want to have to think about it again.
Once I have a judge's ruling there is no compromise.
I don't care what they do to the tree, or what happens to it, as long as it is not trespassing on my property.
I didnt say you needed to compromise. I said their attorney would tell them they need to compromise.
If you are so certain as to what the law says, then you lose nothing by having the benefit of a judge's ruling. It stops them from doing anything. Or, you can decide to just go on and do it, and then spend ten times as much money dealing with a neighborthat thinks he's just as right as you do. Doesn't matter to me.
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@Ivorythumper , retain a lawyer to get you a the court order that compels your neighbor to remedy the trespass. Go straight to the court rather than responding to the neighbor's lawyer. Good luck.
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@axtremus said in TNCR Brain Trust Question:
@Ivorythumper , retain a lawyer to get you a the court order that compels your neighbor to remedy the trespass. Go straight to the court rather than responding to the neighbor's lawyer. Good luck.
You can't "go straight to the court" unless you opt to be your own attorney. And as the saying goes, "a man who is his own attorney has a fool for a client". And if you do retain a lawyer, he is obligated to discuss the case with the opposing attorney and try to settle the matter out of court.
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Late to the party. Agree with Larry, you need to lawyer up. Once represented, their lawyer can no longer communicate directly with you. I would think it in their interest to remove the limb for should it fall on your property or person, the fact you informed them of this hazard might indicate a higher degree of negligence and perhaps influence a jury that the award to you (the plaintiff) be larger.
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I am very, very cheap
Before I got a lawyer, I would try a few free (government) alternatives
The police would be a good place to start, these guys are breaking the law, call the police
Call the mayor
Call the attorney general
Call the zoning board
Call the local newspaper
Call the HOA
I would
If, in the end, you need a lawyer, then get a lawyer
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@klaus said in TNCR Brain Trust Question:
Having a bad relationship with neighbours is one of the worst things for ones quality of life, in my opinion. We had bad neighbour relationships in the past, and that was hell. I personally am willing to endure and sacrifice a lot before I risk an angry neighbour.
But in this case, it seems that hope is lost. When lawyers are involved, the relationship is beyond repair.
That was my first thought as well. I don’t have anything insightful to say beyond what’s already been shared - but sorry you gotta deal with that.
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@aqua-letifer said in TNCR Brain Trust Question:
Get as many and as loud wind chimes as possible and hang them on your side of the tree.
This.
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A bit of a ramble, but…
IT, as a neighbor and with the time that has passed, it might be worth one last personal conversation that states that it’s easiest if they take their own arborist quote and trim the tree. Otherwise you’ll regretfully be forced to get a judicial order of clarity with the law clearly on your side.
Also, trees grow. This problem will only get worse, and even after remedy, it’ll begin to return over the following decade or two.
Oh also, whether you or they trim the tree, I’d imagine it would take a long while for permanent damage to be done. Further, trees are really resilient so I doubt anything would happen for a while anyway.
Plus if they end up trimming, and don’t go all the way to the property line, you could finish the job and if down the road there is damage to the tree, it would be hard to prove direct responsibility.
In short. Talk to the neighbor, otherwise get a judge/lawyer to provide official clarity, then trim baby trim.
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@ivorythumper said in TNCR Brain Trust Question:
@george-k said in TNCR Brain Trust Question:
@ivorythumper said in TNCR Brain Trust Question:
@jolly said in TNCR Brain Trust Question:
Is there anything growing underneath the tree and is the neighbor's backyard camera'd.
I'm not about to poison it, if that's what you're thinking.
Yeah, that would have some serious legal
exposure. Destroying neighbor's property?Don't go there.
The law basically requires me to get a judgment compelling them to remedy.
I read of a case where the neighbor trimmed to the property line, but the tree then leaned back away from the property line, and the neighbor was sued for over trimming and trespass damage.
I don't know how that was settled but I don't need any exposure to risk.
So the plea to the court would be to compel the neighbor to remedy at their own expense and liability. If the tree dies, that's on them. If any damage happens, that's on them. If the tree cannot be pruned back to property line without risk or damage, and has to be removed, that's on them. The tree is just in the wrong place and has been for decades as soon as it started to trespass. The trespass is negligence which is continuous and always tortious.
So get the judge to say to them "you must remedy the trespass as you see fit, but you must remedy the trespass".
That's how I'm reading the law as the only safe way to proceed without further legal entanglement.
Let me give an example of the folly of interpreting the law yourself: you tell us the law regarding encroachment onto your property - but you also point out that this encroachment is decades old. In quite a few states, if you do not make a formal complaint within a set period of time, the law assumes that you accept said encroachment and you forfeit any claim of redress. In my state for instance, I think it's 7 years.
