In need of advice. Neighbour came into yard and trimmed tree
 

Sorry long read,

So I go outside today to find my neighbour had broke through our shared fence and trimmed my tree extensively. Our tree is a large 40-45ft plum/cherry tree that provides privacy and normally looks beautiful at full blossom.

Last winter our neighbour asked me to trim the trees because the branches were coming into his yard. I said no problem but if he wanted to he was welcome to trim what was on his side. Up until now I've been very patient with him as both he and his two sons have been nothing less than a pain in the ass. I've had issues with them for months in unrelated matters.

They don't maintain there yard at all and he was claiming the fruit tree bothers them. Yet on countless occasions I see them not picking one or two, but hand fulls at a time.

Back to today, the neighbour broke through the fence and fucked up our tree. It looks like shit now, we can now see clearly from our house to there's. Prior to the trimming the tree blocked the view giving us privacy. He cut everything 6-7ft into our yard and our tree is about 6ft from the fence at best. Everything was cut only the front remains. I went and spoke with him basically asking him what the fuck. In return his response was that I said he could cut the branches in his side (maybe a foot over if that). I asked if the broke the fence and came onto my property to cut the tree, which he admitted as well. Said sorry my mistake, I won't do it next time. He was convinced he did nothing wrong, admitted to his wrong doing and claimed its not a big deal since people don't like trees anyhow. I informed him I have recently had my house appraised as we plan on selling it and that if it devalues our property I will be in contact. He still continued to say sorry my mistake but did not feel as anything was done wrong.

I contacted the city of surrey and they advised I contact RCMP as he entered our property without permission and destroyed property. They are sending an arborist to My house to inspect the damage and to determine is value. my question I guess is the fuck do I do? I don't want the tree to die and it's bugging me that I now lost privacy. On top of that the fence is broken but I temporarily fixed it so my dog doesn't go into his yard.

I fear if I take further action shit could get out of hand and I honestly dont have time for the bs. Plus he's a neighbour but he's being unreasonable and doesn't understand his actions. I've taken pictures of the tree and additional pictures of the cut branches in his yard. As well as all the thick branches that are split and not properly trimmed.

My question is what should I do? Has anyone else been in this situation?

My concerns,
Property value
Trees life
Broken fence
Fact that he broke the fence came into our yard and cut the tree

Property value is not going to be materially affected by the condition of one tree on the property, it's a moot point. Tree's life you need to talk to an arborist if you are really concerned but typically you could pretty much cut every branch if need be and it would still be healthy and continue to grow. Broken fence seems like a no brainer and you should obtain a quote and drop it off to him.

Mark

Your neighbour has air space rights over his property but he only has the right to cut off overhanging branches and nothing more unless you gave him permission. He definitely did not have any right to break your fence, come into your property, and cut more than the overhang.

Talk to him about this and try to get reimbursed. Otherwise, if its worth it, take him to court?

- as mentioned get quote to fix fence and send him the bill, tell him he has one week to get it done himself or you will have it done via the police report etc (not sure what else you can do except civil court and that's probably not worth it)

- now that the tree is already screwed, have the arbourist look at it and see what they say

- if you can get an appraisor to say your house has now lost X value, show him the report and make him give you a fair setlement to cover your losses

I had a developer cut a couple trees down in our yard. City said that they couldn't do anything about it... Apparently in Maple Ridge they can cut whatever they like and the RCMP can't do much unless we knew who it was.

In your case you can probably charge your neighbor with tresspassing. But of course they'll come back at the cops and say that you said it was ok... What you could do is get a hold an old worn keep out or no tresspassing sign and hang it on your fence. Then call the cops and attempt a charge of tresspassing.

It's dirty but it's a dirty world and you can't really get much in your favor. Another thing to do is record your conversation with your neighbor. As long as your part of it, it's not illegal to record without him/her knowing.

Good luck
Posted via RS Mobile

The city of Vancouver avoid yard tree disputes like the plague. It is very much a touchy subject. Need to give neighbors aerospace without damaging the tree, not to mention who pays for trimming.

can you throw up a few pictures of the damage please?

since we are here.. how far into the neighbors yard can i trim their tree?? i am getting mad allergies to pollen and i wanna trim it down... can i trim 1 feet from the fence into their yard?? the tree will grow back in no time... these allergies are killing me.. their tree is hanging into our yard a feet or 2 and covers my car in pollen..

:suspicious: :fulloffuck:

if the tree is not yours then you are not allowed to trim it...

ask them if they could trim it bcz of your allergies toward them.

really??? i thought if its on my side of the yard then i am allowed to trim it?? pretty sure i am allowed to trim it if its on my side of the yard... i just want to know how far i can trim it(on my side of the yard)..

don't quote me on this, but i think anything that hangs over to your side of the property, you can trim it. but nothing more.

so did he actually break through your fence or are you exaggerating?

Not that I don't believe OP, but I'm really curious to see how severe the damage is.

Several years ago, a family of raccoons destroyed the fence (legally on our property) and it spilled over into my neighbour's house. We didn't notice it until he brought it up. Long story short, because he liked the privacy the fence provided, we split the costs 50/50 for a new fence and now we've been living happily ever after.

The End

picturing this
http://www.tallcurlybiscuit.com/wp-c...ol_aid_man.jpg

Wrong.

Like CLEARLY mentioned above, you can trim any branches that extend over the property line into your property. If your wanting to trim anything past the property line, then you have to have permission from the property owner. (Both my neighbours are dicks, I usually trim their trees once a year because shit always grows out and overhangs and drops fucking leaves everywhere!)

Also curious to see fence damage. That's the main thing I'd go after, as the tree can be trimmed straight down to just a trunk and will grow back as long as the cuts in the branches are clean and not "torn" apart.

No update from OP. We got trolled. :troll:

He won't be able to charge for trespassing because there are no charges that go with trespassing. It is an arrestable offence if the person is caught in the middle of trespassing. The only charge he could potentially hope for is mischief to his property, but he has to have evidence to prove that the neighbour did it (ie saw him, video, witnesses, or all of the above). OR if the neighbour admits to it.

Hey sorry guys been working and just super busy have not had time to come on here and update.

To answer your questions,
1. pictures I will have up shortly
2. He pulled out the panels of the fence and broke the side that connects the fence to the pillar. I wouldn't have noticed if it wasn't for the last one being upside down. (He tried to fix it) It's still clearly broken and need to be fixed.
3. I'm refraining from pursuing legal action or formal charges as I don't want the animosity from him. I'd fear the fact that he would or could attempt to create physical altercation while I'm not present. Plus if he comes over the fence and my wife's home and she'll send our dog, which would cause another issue since shes extremely protective. (Wife's saying if I lose my cool and go bat shit then I put her and my son at risk when I'm not home)
4. Tired of this area as it has completely changed since I bought this house so figure fuck it, it's time to sell
5. Both the city and RCMP are recommending charges
6. Tree inspector is coming at 1:30 today to assess the tree.

I conclusion, it's does no benefit for me to be pursuant on charges or any action in which I'd feel necessary in order to teach him a lesson. I'm simply going to retaliate by spreading seeds throughout his yard at night time during heavy rain fall.

Any suggestions?

If you plan on moving, press charges and leave the douche with something to think about next time. Guys like that will keep acting like the bully if people put up with their shit.

number 3 and contradict each other.

You'll never gain the benefits of all out war, unless you completely destroy your enemy.

-Sun Tsu-Art of War

Well, not really, but I'm sure something to that effect is in there.

What I'm suggesting is if you go after him, go after everything. It will just turn into he said, she said petty bullshit otherwise.

I need to see the pictures to make a real assessment, but if he didn't cut off any main branches, it should be fine.
And is your neighbour that much of an asshole that you can't have a chat?


Spreading seeds? You might as well light a bag of poop and ring his doorbell. Like Gridlock said, if you are going that route, he'll know, so you might as well just burn his house down.