Bad neighbor

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AJ71DUSTER

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Location
Michigan
Ok I have never posted about a problem other than automotive issue's, so the short of the long chain of events I have had problems before with this guy before but I just could not take it anymore Soooo tonight me and the miss got home from voting and i notice the big maple that sets 90% on my side of the property line has had the right side cut off,so my neighbor I assumed had taken his chain saw and cut it down , he has ask me before about cutting it down but i told him no, it is the only shade tree i have in my backyard.Well i call the state police and they show review the tree and said that i could go two ways 1 a criminal suit or civil suit or both. the officer went to my neighbors house to talk to him. short of the story is that since my neighbors said to him that he thought the tree was on his property, so I'm screwed with the criminal suit , but still could file a civil suit, Here the part that's got me stress big time before the officer left. he ask to see my dogs because my neighbor told the officer that my dogs have tried to attack him.So both my dogs are pit bulls, we have had these dogs for 8yrs they live with 2 cats and were raised with my grand babies, i have never had any issue's with these dogs. So we introduce the dogs to the officer and he told us that he would but it in his report that he has seen no issue with my dogs,they are very good dogs, so what should I do contue with my civil suit and hope he does not try to have my dogs take away, Or let it go

AJ71DUSTER
 
A person has to know exactally where the property line runs.
In fact if you live in a town you must file a permit with the city before you can remove a tree.
I would be talking to a magisrate in the morning and file papers against him.
A summends to show up in court will wake him up real fast.
Plus you can sue him for replacement cost of the tree, and pumative damages for loss of shade in your back yard.
Good luck, and it should only run you about $100.00 bucks to file the paperwork.
 
AJ71DUSTER said:
He trim the side was hang over the 6ft fence that seperates the two yards. this part was hanging over his yard.
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Well, I hate to say this but....

He owns that "airspace" and he can trim off anything hanging over his property. Now if your maple dies due to his trimming, you could have a case, but you'd have to prove negligence (for example, he trimmed it himself and didn't hire a professional). If he truly cut your tree down that grows on your property, that would be an entirely different matter.
 
sireland67 said:
A person has to know exactally where the property line runs.
In fact if you live in a town you must file a permit with the city before you can remove a tree.
I would be talking to a magisrate in the morning and file papers against him.
A summends to show up in court will wake him up real fast.
Plus you can sue him for replacement cost of the tree, and pumative damages for loss of shade in your back yard.
Good luck, and it should only run you about $100.00 bucks to file the paperwork.
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That what the officer said.I'm just worried about the his
bull Sh#$%%t he is saying my about my dogs.don't what to lose my dogs over a tree.
 
ramcharger said:
Well, I hate to say this but....

He owns that "airspace" and he can trim off anything hanging over his property. If he truly cut your tree down that grows on your property, that would be an entirely different matter.
Click to expand...
Yep, probably not much you do about it. Let me get this straight. Tree is on your side of the line and he trimmed the branches on his side? You do not rally think you have any say in what some one does in there own yard do you?
 
This is so godam hard to read that it's giving me a headache but the short answer is I-THINK-YOU-ARE-SCREWED
 
ramcharger said:
Well, I hate to say this but....

He owns that "airspace" and he can trim off anything hanging over his property. Now if your maple dies due to his trimming, you could have a case, but you'd have to prove negligence (for example, he trimmed it himself and didn't hire a professional). If he truly cut your tree down that grows on your property, that would be an entirely different matter.
Click to expand...

I thought too,if the tree was hanging on his side of the yard he can cut it.
 
If he trimmed the part of the tree that was hanging on his property, he had every right too..............I thought in my original post he cut the whole tree down.
 
Found this awhile back when dealing with similar issues:

http://realestate.findlaw.com/neighbors/conflicts-involving-trees-and-neighbors.html

If my neighbor's tree branches hang over my yard, can I trim them?
Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree. If you do harm the tree, you could be found liable for up to three times the value of the tree. Most trees have a replacement value of between $500 and $2500. Some, that are considered ornamental or landmark trees, can have an astonishing value of between $20,000 and $60,000. So use extreme caution when tree trimming!

If my neighbor owns a fruit tree, and the branches hang over my property, can I eat the fruit?
No. The fruit of the tree belongs to the owner of the tree, so don't pick any of the fruit. Courts are divided on who can have fallen fruit, however, so check your local laws to see if you can eat any fruit that falls off the tree. (This one I thought was pretty crazy!)

If my neighbor's leaves keep blowing into my yard, do I have a good nuisance claim?
No. Leaves are considered a natural product. Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree. Additionally, you are responsible for cleaning up any natural products that fall into your yard.

If, however, the tree branches that are shedding the leaves are hanging over your yard, or the tree trunk is encroaching on your property, then you have a right to trim those branches up to the property line.

You could also consider building a fence. Fencing that is built on your side of the property line may help those leaves from blowing over into your yard.

Most of a large tree hangs over my yard, but the trunk is in the neighbor's yard. Who owns the tree?
The neighbor owns the tree. So long as the tree trunk is wholly in the neighbor's yard, it belongs to the neighbor.

When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree". In the case of a "boundary tree", all of the property owners own the tree and share responsibility for it. Tree removal without the consent of all the property owners is unlawful.

My neighbor dug up his yard, and in the process killed a tree that's just on my side of the property line. Am I entitled to compensation for the tree?
Yes. In this situation, the tree owner has the right to sue for damages . Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner's permission is liable for compensating the tree owner. In many cases, the tree-owner has been compensated by up to three times the value of the tree. If you want to avoid court proceedings, however, simply talking to the neighbor about the damaged tree is usually effective.
Click to expand...
 
ramcharger said:
Well, I hate to say this but....

He owns that "airspace" and he can trim off anything hanging over his property. Now if your maple dies due to his trimming, you could have a case, but you'd have to prove negligence (for example, he trimmed it himself and didn't hire a professional). If he truly cut your tree down that grows on your property, that would be an entirely different matter.
Click to expand...

He did admit that he cut the tree down and even show the wood to the officer.So the officer review the grown stakes and in his point that 90% of this tree is om my side .i think that maybe that's why he said that i should make a civil suit.
 
Can you post a pic, did he actually split the tree down the center 90/10?
There is always two sides to a story.
 
inkjunkie said:
Yep, probably not much you do about it. Let me get this straight. Tree is on your side of the line and he trimmed the branches on his side? You do not rally think you have any say in what some one does in there own yard do you?
Click to expand...

Know not at all but, this guy has been a sore for years i was hopping to get to fight back after all of his sh$%%$t that we have had to put.
 
AJ71DUSTER said:
He trim the side was hang over the 6ft fence that seperates the two yards. this part was hanging over his yard.
Click to expand...

AJ71DUSTER said:
He did admit that he cut the tree down and even show the wood to the officer.So the officer review the grown stakes and in his point that 90% of this tree is om my side .i think that maybe that's why he said that i should make a civil suit.
Click to expand...

Wait, what? Did he trim off the branches that hung over his property? or did he actually cut the tree down?
 
sireland67 said:
Can you post a pic, did he actually split the tree down the center 90/10?
There is always two sides to a story.
Click to expand...

This was his side to the officer, the tree is on my property but all line stakes that mark the line are past the tree towards his house, that makes the property line past the tree, which makes 90% of the tree mine. Sorry no pics it dark here in MI
 
in NC he can send you a bill for that as well if it falls his way you pay to clean it up
 
74Dusted said:
Wait, what? Did he trim off the branches that hung over his property? or did he actually cut the tree down?
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I'm sorry if this is confusing but, i will try and explain, the tree has 4 large branches that come out at the stump some are 2ft round and the one cut off was about 16in round so when i say tree I mean the 16 in branch, hope this helps
 
As far as the tree goes, he has every right to cut it if it hangs over his property.


Now since he brought the dogs in on this, give him a flaming fudge bag....


He can cause you some trouble over the dogs because of the reputation of pitt bulls. I know that they may be very nice (i have a friend who has two very sweet ones also), But due to the fact that many pitt bull owners have trained them to fight and some have turned against humans, you have a tough situation. Some cities have gone so far as to ban ownership of them in their jurisdiction because of the reputation from the "bad owners".
 
Pain in the *** neighbors......just like to shoot 'em.....
 
ab7fh said:
Found this awhile back when dealing with similar issues:
Click to expand...

I think that info says it all, I think I'm screwed and all I can do is watch and see if the tree dies,i just cant put in words how much i want to win this one.
 
AJ71DUSTER said:
I'm sorry if this is confusing but, i will try and explain, the tree has 4 large branches that come out at the stump some are 2ft round and the one cut off was about 16in round so when i say tree I mean the 16 in branch, hope this helps
Click to expand...

Ok, that makes sense. I've seen that kind of tree growth before. My neighbor has a Willow like that in their yard. My dad cut it down for them years ago (because they wanted it cut down). The tree grew back out of the stump like nothing ever happened to it (Willows do that apparently). And when it grew back, it was like 5 separate tree branches sprouting from the stump (now it's huge and you'd think it was 5 trees instead of 1)
 
krazykuda said:
As far as the tree goes, he has every right to cut it if it hangs over his property.


Now since he brought the dogs in on this, give him a flaming fudge bag....


He can cause you some trouble over the dogs because of the reputation of pitt bulls. I know that they may be very nice (i have a friend who has two very sweet ones also), But due to the fact that many pitt bull owners have trained them to fight and some have turned against humans, you have a tough situation. Some cities have gone so far as to ban ownership of them in their jurisdiction because of the reputation from the "bad owners".
Click to expand...

You are right about my dogs and a tough spot, the officer is coming back on Friday to take pic's of the tree, I will ask him what I should about his claim on the dogs,
 
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