# Neighbor Cut Down a Tree on My Property



## songxxx (May 18, 2022)

Hello all. I apologize in advance for the length of this post/question. I am hoping I can get some input about a dispute I am having with my neighbor regarding a tree that was cut down.

My neighbor took the liberty of cutting down a tree that is on my side of our property line. He owns the chain link fence (4 ft.) that goes along the actual property line between his yard and mine. About 18 inches into my property is my wood fence (6 ft.), so everything within this 18 inch gap is on my property. The tree in question I have determined to be a Black Locust tree about 40 feet tall (my guess). It’s not a particularly valuable tree from the standpoint of beauty (in fact I think it’s actually an overgrown weed), but it provided shade and privacy from our backyard neighbor, which is especially important to us.

On a Sunday in February he had a tree cutting crew start cutting down this tree. When we realized what was going on it was already cut down to the height of the chain link fence. We told the tree crew to stop and we told them they were cutting down trees on our side of the property line. They were going to cut more trees down on my side of the property. When we confronted the neighbor he pleaded ignorance, claiming that he thought the trees were on his side of the property line. A little context/background … We paid for a property survey when we purchased our home about 4 years ago so we knew where the property line was and the trees were definitely on our side. Our neighbor did not do a survey when he purchased his home about 2 years ago. We were instructed by our real estate lawyer to do a survey, which we did. My neighbor said he didn’t want to spend his limited funds on a survey. My wife and I were very upset about the whole situation and we explained the value of privacy and shade to my family. He apologized and as compensation we agreed that the neighbor would plant a tree of our choice in our backyard and we would revisit this in May. I wanted to keep things cordial with my neighbor.

Come Saturday May 14, I met up with the neighbor and we told him what tree we wanted, ie. We wanted a Crape Myrtle Tree, 6 feet tall preferably, but at least 4 feet tall. We did not tell him where we wanted it planted. He said he would reach out to a landscaper/friend he knew to see what could be done. There was no further discussion. We were expecting him to come back to us with information about what he found out, height of the tree and the correct type of tree and when we would schedule the planting and further, we expected to be informed of the time when the tree planting crew would arrive so we can explain where the tree would be planted, totally reasonable (in fact expected) from my point of view.


Fast forward to this morning Wednesday May 18, I get a text at 11am from the neighbor that the tree is coming and “can you tell the guys where you want it planted?” I texted back saying “you should have given me notice, can we schedule this another day?” and I also said “yes I am home, but I have meetings all day (I work remote).” I told him, “how would you assume I was home, and how would the crew know where to plant the tree if I wasn’t home”. He said it was “beyond his control and he was notified this morning the crew was coming”. I don't believe this. He said, “they can leave it somewhere, but I would have to plant it.” I didn’t want to do that, so I grudgingly said I would meet the tree planting crew. BTW, the neighbor was at work all day. In the meantime I texted him asking if there would be a warranty on the tree. He said he would check with the crew when they arrived. He didn’t do that and they came to plant the tree. I asked the tree planting crew about a warranty and they said they provided no warranty, nor did the nursery they purchased from, after I called the nursery and asked them about it, while the crew was there. At that point we refused to have the tree planted because we wanted the warranty that comes with tree purchases that appears to be fairly common. If the tree died after a month we wanted to have some sort of recourse. Now the neighbor is saying he did everything we asked and we brought up the warranty at the last minute.

Our view is that he gave us no notice of the planting and by rushing the job, we didn’t have the opportunity to discuss the warranty when he was supposed to get back to us before the tree was planted, which he did not. He claims he would have made the warranty possible if he had known about it earlier after we made an “agreement”. In my view, we didn’t have a fully realized “agreement” because we didn’t have ANY details of the planting before this morning. We asked the neighbor to take on the responsibility of the tree himself it it dies within a year in a written statement. Can I get your opinions about this situation?

My neighbor made two grossly bad assumptions in my view. He assumed the tree was on his side of the property in the first place and he assumed there wouldn’t be a problem if he notified me of the tree planting on the day of the planting. So far as of late Wednesday night I have not heard from my neighbor and I see the tree sitting in his backyard, left by the crew. Are there any good suggestions about what to do at this point? If I decide to take him to small claims court, how do I determine the value of a tree, not known for its beauty, but valuable to our family for shade and privacy? Thanks for reading this and sorry it’s so long, but there isn’t another way to tell the full story of what happened.


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## ValleyForge (May 18, 2022)

You are right no matter what you decide, it’s your property. i would highlight the survey you did by placing 4 to 6 foot galvanized pipe on the pins they set your property corners with and paint them fluorescent orange, then there are no more questions about that.

my neighbor used to mow part of my property and actually planted trees on it. I did the pipe markers and a reasonable discussion ensued. Why I say this is because he is still your neighbor and will be for some time I’m guessing, so finding a happy medium will only benefit you in ways you may not see right now. What that is again, is up to you But court isn’t in in my opinion.

good luck, but stand your ground….


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## Parkerpusher (May 18, 2022)

I’ve never bought a tree, and never heard of a warranty on a tree except for high dollar stuff like mature palms. I’m not sure that’s even a possibility on a small tree transplant.

Some people just don’t communicate well. It doesn’t make them bad people, they just lack a skill that you have. 

You didn’t ask for the warranty up front, and didn’t specify advance notice up front. Regardless of how you feel now, a court is just going to see that you were wronged by the locust being removed and that you requested something to repay you for that wrong, which has now been provided. 

At this point in time, If it were me, I would kindly thank the neighbor for following through and let them know that you have a spot picked for the tree to be planted and request the company to come plant it asap. Also, request that they come back within a month to check on the tree and it’s health. 

Life is so short. Don’t get too upset by the small stuff, and be friends with your neighbor! 

That said, if someone cut a tree down on my property I would be rippin mad for a minute I think!


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## Huntaholic (May 19, 2022)

Im glad I don't live where 18 inches is a matter of life and death. A locust at that? ZERO commercial value, sentimental or whatever is up to you I suppose. Plant that section between the fences in privet, wild rose, wild plums, whatever lol.


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## 261cm (May 20, 2022)

If it was a black locust that was cut down and a stump is still there, it will be back in short order. I have several of them on my property, and wish I had none. While because it was on your property and he had no right to have it cut down, I sure wouldn’t loose any sleep over that one much less take a neighbor to court over it.


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## j_d (May 28, 2022)

1. He was wrong to cut your tree but it was on "his" side of your bigger fence, but he was still wrong. 

2. He bought you a nicer tree. Why not just put a flag, bucket, cone or stake where you wanted it planted. 

3. Insisting on a warranty seems a bit much. Sometimes we offer them but in this situation I would have been uncomfortable and possibly refused the work. I'm sure your a nice guy but even by your own account it sounds like your neighbor made an honest not too huge mistake and you are being very particular. 

Just my opinion.


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## grizz55chev (May 28, 2022)

songxxx said:


> Hello all. I apologize in advance for the length of this post/question. I am hoping I can get some input about a dispute I am having with my neighbor regarding a tree that was cut down.
> 
> My neighbor took the liberty of cutting down a tree that is on my side of our property line. He owns the chain link fence (4 ft.) that goes along the actual property line between his yard and mine. About 18 inches into my property is my wood fence (6 ft.), so everything within this 18 inch gap is on my property. The tree in question I have determined to be a Black Locust tree about 40 feet tall (my guess). It’s not a particularly valuable tree from the standpoint of beauty (in fact I think it’s actually an overgrown weed), but it provided shade and privacy from our backyard neighbor, which is especially important to us.
> 
> ...


A 40' locust around here is 4 or 5 yrs old, be patient and it will be back.


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## Del_ (May 28, 2022)

That locust was going to damage both fences.

The neighbor did you a favor.


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## lobo9er (May 28, 2022)

I had a neighbor clear some brush and trees on my property I asked that he left the rest and shook hands it was a mistake. And being friendly with neighbors benefits everyone. Id bring him a beer and let it go. Paying for a new tree to be planted was a pretty good gesture. I don't know either of you, so I don't know if theres truly a bad guy here. if he encroaches again address it but otherwise id let it go. Good luck hope it works it self out.


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## Campbellcontractlogging (May 28, 2022)

Huntaholic said:


> Im glad I don't live where 18 inches is a matter of life and death. A locust at that? ZERO commercial value, sentimental or whatever is up to you I suppose. Plant that section between the fences in privet, wild rose, wild plums, whatever lol.


It’s worth close to nothing unless it had some tie logs in it but the lumber would have went for frame stock so close to worthless I totally agree with you on the 18’s”


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## EchoRomeoCharlie (May 28, 2022)

A good relationship with my neighbor is worth way more than a damn tree.

Unless this neighbor had already burned the friend bridge some other way...this would not be a deciding factor on me taking him to small claims court. 

Yes, he made some mistakes. Seems like they were honest mistakes. 


My opinion, take the tree as a token of gratitude, plant the thing yourself because it's not that hard, have a beer with your neighbor and let bygones be bygones. A good neighbor is worth a lot.


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## JustPlainJeff (May 28, 2022)

Your neighbor was wrong in several ways. That being said, he has tried to do the right thing by you. You also sound like a P.I.T.A. to deal with.


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## Oletrapper (May 29, 2022)

All good advice given but there are a couple of things that have not been mentioned. (1) If the canopy of the tree on HIS side of the property line should fail and fall and damage anything on HIS side of the property line, you would be held responsible for that damage. (2) Why did he have it cut down in the first place? There has to be a reason.
Life is short. Good neighbors can sometimes be hard to find. Have a beer


and get on with life. JMHO


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## GenXer (May 29, 2022)

I cut 20 chord on my neighbors property for free last year.


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## mrhemihead (May 29, 2022)

For the court you would have to prove monetary loss.
According to others in this thread the tree was worthless.

A licensed appraiser would have to determine the *value for loss of use.*

Discuss this with a property appraiser.
If you decide to do this please let us know what they say.


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## SS396driver (May 29, 2022)

Oletrapper said:


> All good advice given but there are a couple of things that have not been mentioned. (1) If the canopy of the tree on HIS side of the property line should fail and fall and damage anything on HIS side of the property line, you would be held responsible for that damage. l:


Not the case at all unless the owner was negligent ie knew the tree was unsafe and did nothing to correct it. I would suggest you ask your insurance agent about the scenario you posted and I'm sure the response would be that your homeowners policy would pay for your structural damage . 

To the OP I would just have them plant the new tree .


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## Luztree (May 29, 2022)

Life is to short. Make amends. If he was always a jerk ignore him forever.


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## fishdrivel (May 29, 2022)

Having 2 fences obscures the property line. I think a judge would throw the case out - I would if I was the judge.
Why don't you just ask for your "pound of flesh"


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## lobo9er (May 29, 2022)

I think OP checked out after his 1st post to gripe about a neighbor.


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## Parkerpusher (May 29, 2022)

lobo9er said:


> I think OP checked out after his 1st post to gripe about a neighbor.


Same


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## fishdrivel (May 29, 2022)

Thank God I have good neighbors


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## Bill G (May 29, 2022)

fishdrivel said:


> Thank God I have good neighbors


That is always a good thing. Another is when they are a longways away


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## fishdrivel (May 29, 2022)

Bill G said:


> That is always a good thing. Another is when they are a *longways away*


OP sounds like he'd be better in the woods than the neighborhood.....


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## Cricket (May 29, 2022)

Oletrapper said:


> All good advice given but there are a couple of things that have not been mentioned. (1) If the canopy of the tree on HIS side of the property line should fail and fall and damage anything on HIS side of the property line, you would be held responsible for that damage. (2) Why did he have it cut down in the first place? There has to be a reason.
> Life is short. Good neighbors can sometimes be hard to find. Have a beer
> 
> 
> and get on with life. JMHO


Why he had to cut it down in the first place may just be that he's one of those people who can't stand to have trees without a specific purpose around. It's sufficiently common that he may not really have a reason per se - just that everything is neater, nothing to block the view, "gee I don't know, I just like everything cleaned up". 

Some people just can't stand to have anything growing that isn't being controlled. My FIL cut all the lower limbs off one of the two lindens my late husband planted for me... looked awful, limbs are growing back, but will never be the same. I have no clue why, other than that it didn't look "controlled". This whole area seems to prize everything in order, neat lines, geometrically arranged, larger to smaller, etc. Anything not strongly under human control has to go, or be pruned up perfectly symmetrically.


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## gggGary (May 29, 2022)

I got seven neighbors thrilled to death I've cut trees on their property, I did ask first. 
The funny thing is two are mad at EACH OTHER about some trees that got cut on the lot line between them.


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## 250R (May 30, 2022)

Osage orange and locust trees make for great fence rails.


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## Hermio (May 30, 2022)

Del_ said:


> That locust was going to damage both fences.
> 
> The neighbor did you a favor.


It is never a favor to cut a tree down on a neighbor's property without permission.


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## Bill G (May 30, 2022)

Cricket said:


> This whole area seems to prize everything in order, neat lines, geometrically arranged, larger to smaller, etc. Anything not strongly under human control has to go, or be pruned up perfectly symmetrically.


 I just do ground level pruning. It is simple and straight to the point


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## Jtheo (May 30, 2022)

This sounds like a made up story. A crepe myrtle is not a tree. As for a warranty on a tree.. I never heard of that either.


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## Bill G (May 30, 2022)

Jtheo said:


> This sounds like a made up story. A crepe myrtle is not a tree. As for a warranty on a tree.. I never heard of that either.


I have no idea what a crepe myrtle is but a warranty on a tree is a very real thing here. A good quality nursery/landscaper will definitely warranty their product and work. I have seen them replace high end trees before that failed. Think about this how happy would you be if you spent $5000 on 3 trees planted and one died within a season.


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## lone wolf (May 30, 2022)

Jtheo said:


> This sounds like a made up story. A crepe myrtle is not a tree. As for a warranty on a tree.. I never heard of that either.


What do you mean its a bush? There are Crepe Myrtle trees maybe bushes too.


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## Bill G (May 30, 2022)

lone wolf said:


> What do you mean its a bush?


Who said it was a bush?


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## lone wolf (May 31, 2022)

Bill G said:


> Who said it was a bush?
> 
> 
> Bill G said:
> ...





Bill G said:


> Who said it was a bush?


I asked if he thought it was a bush cause he didn't think its a tree there are two types and smaller ones that are bushes. Get it now?


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## Bill G (May 31, 2022)

lone wolf said:


> I asked if he thought it was a bush cause he didn't think its a tree there are two types and smaller ones that are bushes. Get it now?


No, what you did was quote a person without reading what they actually said. Read exactly what the poster said in #29 and what you said in #31. Now I ask again WHO said it was a bush?


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## lone wolf (May 31, 2022)

Bill G said:


> No, what you did was quote a person without reading what they actually said. Read exactly what the poster said in #29 and what you said in #31. Now I ask again WHO said it was a bush?


Get lost man! Dont you worry about what I do and stop harrassing people for no good reason you petty little man.


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## Bill G (May 31, 2022)

lone wolf said:


> Get lost man! Dont you worry about what I do and stop harrassing people for no good reason you petty little man.


Spoken like a true gentleman and a scholar


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## lone wolf (May 31, 2022)

Bill G said:


> Spoken like a true gentleman and a scholar


Good we done now?


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## Jtheo (May 31, 2022)

Bill G said:


> I have no idea what a crepe myrtle is but a warranty on a tree is a very real thing here. A good quality nursery/landscaper will definitely warranty their product and work. I have seen them replace high end trees before that failed. Think about this how happy would you be if you spent $5000 on 3 trees planted and one died within a season.


Thank you the information. I was unaware of such a thing, but I do live in rural Alabama where a lot of people do not have $5000 to spent on anything.


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## Bill G (May 31, 2022)

lone wolf said:


> Good we done now?


Done with what, sir King


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## Bill G (May 31, 2022)

Jtheo said:


> Thank you the information. I was unaware of such a thing, but I do live in rural Alabama where a lot of people do not have $5000 to spent on anything.


I understand not having $500 let alone $5000 but you must remember everyone is a bit different. Personally I would not spend that but others do


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## camel2019 (May 31, 2022)

Your kinda being hard on the neghibor a little bit yes he was wrong for cutting it in the first place but he did provide the tree you wanted. I would have taken that and wrote it off.
In my city in the back yards away I can cut any overhanging branches from neghibors trees without any notice given.


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## Cricket (May 31, 2022)

Yeah, I'm well aware of tree warranties - but I also know that a lot of people don't, as you say, have five grand to spend on anything. Always good to have a reminder that what we're used to isn't how it is everywhere.



Jtheo said:


> Thank you the information. I was unaware of such a thing, but I do live in rural Alabama where a lot of people do not have $5000 to spent on anything.


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## gggGary (Jun 1, 2022)

Short summary; you _can't_ please SOME people.


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## Bill G (Jun 1, 2022)

gggGary said:


> Short summary; you _can't_ please SOME people.


True, but we must always strive to do our best


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## Oletrapper (Jun 2, 2022)

Cricket said:


> Why he had to cut it down in the first place may just be that he's one of those people who can't stand to have trees without a specific purpose around. It's sufficiently common that he may not really have a reason per se - just that everything is neater, nothing to block the view, "gee I don't know, I just like everything cleaned up".
> 
> Some people just can't stand to have anything growing that isn't being controlled. My FIL cut all the lower limbs off one of the two lindens my late husband planted for me... looked awful, limbs are growing back, but will never be the same. I have no clue why, other than that it didn't look "controlled". This whole area seems to prize everything in order, neat lines, geometrically arranged, larger to smaller, etc. Anything not strongly under human control has to go, or be pruned up perfectly symmetrically.


Ha Ha, kinda sounds like MONK. lol


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## Oletrapper (Jun 2, 2022)

Well, the saga continues. I find it somewhat comical that the OP wrote a book about his grievance with a neighbor over a tree. Created a lot of discussion, bantering, suggestions, and some cases a pissing contest between posters. HE LEFT. HE HAS NOT RESPONDED TO ANYTHING! PERIOD! What a waste of time. jmho  OT


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## Bill G (Jun 2, 2022)

That happens a lot. He/she was frustrated and came here to vent. Now they have cooled off


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## Cricket (Jun 3, 2022)

Oletrapper said:


> Ha Ha, kinda sounds like MONK. lol


Actually, it does. 

A friend of mine used to tell about being out for a walk with his wife, when they'd lived in town, and walking past a house a few doors down from theirs, that they'd always noticed was OCD tidy, and seeing the husband measuring the height of... the grass, or some flowering plant or something - with a ruler, and very sternly informing his wife that she'd done it wrong. 

Must have been a joy to live with, and not much better to live next door to...


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## Parkerpusher (Jun 5, 2022)

@songxxx at least let us know how it played out? Pleaseeeee


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## pdqdl (Jun 5, 2022)

The original poster hasn't been back since May 18, guys. Nothing left to talk about at this point.


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