laws and rules about cutting trees

[mtreno]

ya ya ya not about fishing i know. but i kinda was looking for some input and thought maybe this would be a good place.

the guy next door cut my trees down. yep not kidding never talked about it or anything i get home from work last night and someone had moved some trailers around my lot and i start looking around and sure enough he had them back the chipper right down my driveway where they went right ahead and cut half of a huge willow tree (huge - two men arm to arm cannot get there arms around the tree) and two smaller trees up by the house right down - gone - the other trees were about 12 inches around and no question on my lot. when i talked to him (man i did a good job bitting my lip for now) he said nothing about the two trees totaly removed (i noticed those afterwords) and told me he had half the willow cut cause it was blocking his view of the lake...... on my lot without my permission...... i would be willing to bet the tree will not make it but those willows kinda grow like weeds so who knows.

what would you do?

legally is there a course of action there? what about the tree service company? dont they need to talk to anyone or can i just send them to any house i pick and have them start dropping trees?

anythoughts?

[Wavey Davey]

Wow, at the very least I would think it would be trespassing

to be on your property without permission. Maybe destruction of property too. He never talked to you about it beforehand? Maybe someone with some legal background will chime in. I'd be P-O'ed.

[picksbigwagon]

Had something similar in West st. paul a couple of years ago, according to the city there, if the branches are over hanging the property line they can cut them down. If he came onto your property and cut down two trees on your property, not to mention moving your trailers around and telling the workers to drive on your property with the shredder? No question, call the sherriff. Call the District Attorney.....you neighbor was an (Contact Us Please) and if you don't call him on it, he won't stop there.......

[smg04]

im no lawyer, but man thats not right, u got more self control than me, wow!

[PRWoody]

Have gone through this on several occasions.

Number one file a report with the police/sheriff.

Ask the law enforcement to site the following,

trespassing, destruction of private property

and theft. Your neighbor will be financially

responsible for replacing the tree(s).

I question the response above about cutting tree

limbs in someone's airspace. I think that may also

be contested in court, due to the case that this

could permanently damage a tree.

2nd take as many photos of the damage in your defense.

3rd if necessary file a small claims suit.

Bad thing, your neighbor probably won't borrow you a

cup of sugar in the future!

Woody

[Kevin Turner]

Been thru this also....If the trees are proved to be your trees...He is bummn', unless he has very deep pockets...

Time to lawyer up.

[cliffy]

Wow! I agree, call the police and file a report and get ready for small claims court. I, as a police officer, would cite your neighbor for at least criminal damage to property. The whole issue of tree limbs over property lines is unclear to me...so I cant comment on it. I think the whole issue is going to be if your neighbor knew the trees were on your property. Even if he was “unsure” about the property line....and the criminal charges are tossed.....you can still wack him in civil small claims court for the cost of replacing the trees and any other related damage. Either way he is a J#$*&!.

Good luck and let us know what happens.

[Ely Lake Expert]

Ya, I say you call the cops and bust that moron for everything you can. He probably just lowered you real estate value plus other things.

[UdeLakeTom]

Cutting trees on lakeshore may involve the DNR...there are

rules as to how far away and what size can be cut depending on the area...each zoning area is different.

[PierBridge]

Unreal........Lawsuit coming...........

[Fishin4Life]

I agree with everyone, get as many people involved to make it as big of a hassel as possible for him. Keep us updated!

[echotrail]

There's no doubt, given what you said being accurate that "Assets" have been illegaly removed from your property without your permission. In addition to the police report you need to get an appraisal of the stolen/destroyed property. A tree the size you described could be worth well over $2500.00. It cannot be replaced becase one that size cannot be replanted. If you can, provide pictures of the trees with something near them for scale. You might get the appraisal from a real estate agent or your own home owners insurance claims agent. You should speak with them anyway as they may represent you in a civil suit.

Good luck.

[MikeYager - Suzuki]

What everybody else said. Do it. Personally I would first ask the guy what he was thinking to make sure of his point of view. If he's a jerk or defensive, ATTACK by legal means.

[Powerstroke]

First things first.....As someone who has worked for a national trere company and now someone who works for a suburb of Mpls, I have both sides of working on a persons private property.

The law of aerial trespass allows your neighbor to trim any branches or plant material that overhangs the property line into his property. Most people don't like this because it doesn't allow for protection of the tree or plant, but the law doesn't care how your plant looks or if it dies.

You were trespassed upon by both the homeowner and the tree company. They must ask permission to drive on your property. They could've caused damage to your yard or driveway with the heavy equipment. They also are at fault for not doing their part to check the property boundaries and for checking with you about your driveway.

To deal with this I would first take as many pictures as possible and call the police to make a report of trespassing and damage to property. This matters no matter how you proceed. Get photos of the cuts made, the size of the stumps or the trees removed, and also a picture of the stumps froma distance where you can emphasize the relation to the property line.

Next go talk to your neighbor. Calmly and nicely ask him if he knew what he did was against the law and if he plans to reimburse you. If he is defiant then explain you will be filing a lawsuit against him and the tree company.

Trees provide a lot of value to the entire property value and the trees could end up costing your neighbor way more than he paid the tree company.

Also file a complain with the BBB against the tree company. It does make a difference.

[caseymcq]

WOW! That is unbelievable. I can not imagine what kind of gall it would take to do something like that. That guy sounds like a first class jerk. I think you should call the TV news stations and your local newspaper.

Sorry to hear about the trees. Please keep us updated on what happened.

[mtreno]

well first off thanks for all the advice - i was so shocked at first i did not even know how to respond or act.

update - went and talked to him last night when i got home. told him i wanted the name of the tree company who did the work and that i was very upset. he went on telling me how much better it looks now that he can see the lake and how the tree is just fine...... i told him it looks like sh** and could very likely die cause of what was done. he of course dissagreed with me. at that point i asked about the other two trees and why he had them cut. he got very red in the face and made some comment about how they were only popul(sp) trees and were going to die and fall in his yard at some point. i told him a tree is a tree and it was my tree and he should not have done anything without talking to me. i also expressed my concern for my dog who gets very upset when people our in my yard when no one is home and when i know there are going to be poeple working on my house i bring her to work or to my folks place.

i did talk with the shariffs office and they said about the same things i am reading here. they advised me to take pictures and call back if i would like to file a report. after reading here and thinking about it for another night upon which waking up and looking at my "half tree" i think i will do that.

i did call the tree company. sounds like a small shop cause the owner anwsered the phone when i called. i explained what happened and how upset i was and he seemed understanding of my feelings. he said that the neighbor had told him he had talked to me and said that i was ok with everything and that they could use my driveway if needed. i told him that was not the case - i told him i had talked to my neighbor about 1 month ago and he brought it up about the willow tree but i never told him it was ok - we never talked about the other trees nor was anything even talked about sense. i made sure he understood that under no conditions is he ever to take another tree from my lot. i also told him i am not sure what kind of action i will be taking but that he will be hereing from me again sometime soon. he told me he never wants to cause any problems and did not think there was an issue when he was doing the work - i advised him maybe in the future it would be a good idea to talk to the property owner before doing work on a neighbors word.

i am not a "tree hugger" or some save the animal freek. but i do love big trees and is part of the reason i purchased the home i did. my actions as far as dropping trees goes is if its in the way or in the power lines or dead - cut it down. if not i will cut it up when it falls or something else happens to it. other than that i let them go. not only do i miss my shade from the willow and i feel it looks really stupid from the lake. now everyone is going to think "why did that guy cut half his tree down".

[HaywardBound]

Good for you, mtreno! You got the ball rolling.

I'd bring it up a lake association meeting also, just so people know what is up.

[ddsbyday]

This is a serious crime. Had it happen, went to court. If it is malicious (knowing cutting across the property line) he is liable for treble damages. You need an estimate from a forester on the value of an adult willow and the other trees. You should be able to get an expert opinion from the U of M. Then hit him with a law suit. Document any conversations,date and time and get the sherrif out there. It may take some time but you should have a pretty good check coming. His homeowners may cover it but he may have to sue them for the coverage.

[JohnMickish]

One thing a person has to think about but never does when planting a tree is will it overshadow the property line. Nobody likes a half tree but people don't like other peoples trees shadowing their lawn or obstructing their view.

I really feel for you because of the way your neighbor acted but as far as trimming your tree that was over the property line he was within his rights. Using your driveway and cutting down the other trees was very wrong and I'd go after him for all I could on that but as far as your willow tree goes there isn't much you can do. Sorry.

Whats legal and whats right aren't always the same.

[art]

The guy wouldn't be a Champion by any chance. Had kinda the same thing happen to me by said guy. If it is, nail his a#@ to wall for me too.

[icegrogg]

mtreno;

The willow will mostlikly sucker back twice as thick as befor. Is your @$$ of a neighbor going to pay to have the tree trimmed every few years? Did the tree co. grind the stumps of the other trees? If not, He's responsable for the coast of that,and replacing the sod! Just for grins i'd tell tim you want him to take the rest of the willow down,removed,and cleaned up. for a tree that size would cost him more than you will get out of him anyway.Sorry for the bad times and hope things turn in YOUR favor.

LOL

[JohnMickish]

Remember, if YOUR tree is in your NEIGHBORS yard he has the RIGHT to trim it. He does not have to have it professionally trimmed, he can do it himself. If YOUR tree is over the property line and he wants to trim it and you want it professionally done it's your responsibility to pay for it because it's YOUR TREE. I went thru the same thing with my neighbor, the city and the police. The law is pretty cut and dried in this case.

[walleyeaddict]

First hit the lake and catch a few eyes. come home clean em throw the guts in the freezer..Sue his arss offf. then after u get your money set those guts outside for a day or two then sneak over at night and dump them way under his deck!!!! Revenge never ends!!!

[mtreno]

the trees that were removed were in no way on his lot or "over" his lot. the willow was trimmed right to the trunk which is about 12 feet from the property line..... found out this morning he did the same thing to the neighbor on the other side...... removed one tree and trimmed another. we both are pressing charges - also found out the fence on my side is on my lot from the lot inspection they had done over a past property dispute. sounds like this guy has been pushing for years and years and being fairly new to the area i was not up to speed with all the issues.

we are calling a servay crew - we are going to fill out a police report complete with pictures - contact a attorney and move forward with the legal process from there

thanks for all the advice once again

******walleyeaddict****** think your advice was the best - that is the just go fishing part - did that over the weekend just get away from the house and got a ton of nice sunnies a few bass and some nice crappies - its truely amazing how upset you can be but how a can of worms and a few small little sunnies will bring that smile right back to your face. what a great sport/world/country/state we live in!

[nice2th]

Just happened to come across this post and found it interesting...especially the immediate knee-jerk reactions of suing the guy. Last summer, my neighbor decided that it would be better if he cleared some of the trees off my lot adjacent to his dock. Since I have 200' of lakeshore, I didn't notice it right away and when I did, I was in shock as well. I was also [PoorWordUsage]ed. I confronted him and he admitted that he was in the wrong and offered to replant the area. I contacted the DNR and zoning office and they recommended that we settle it that way. I'm glad I did.

Even though I can't see us having dinner together any time soon, I can at least wave hello to him now and then and we can tolerate each other to some degree. If I would have sued him, it could have led to more tension than it was worth to me. The area is filling back in now and in 20 years or so I'll never know the difference. lol

That does remind me that I need to take more pictures in case something like this ever happens again. I do find myself running for the lot line every time I hear his chain saw fire up.