please confirm white mulberry is trash tree

[treevet]

You may have difficulty relating to the judge where the aerial part of the tree was as just the stump is left. White mulberries can be very pretty trees if they don t have twig blight (w witch es broom distortions), and they aren t over a drive, walk or roof. This nbor may not want to settle and make some money and not feel they will hurt their relationship w nbor bcs they are suing you. Good books to arm yourself "Arboriculture and the Law", Merullo (a real good seminar, too) and "Tree Law Cases in the USA" , Bloch. Avail from ISA. Lucky you aren t in Ohio as settlements are triple the est. value loss.

 

[Ekka]

So, how about an update?

 

[Sunrise Guy]

If I am asked to remove a tree that is even close to another property line, as in within five feet or less, I will always get the neighboring property owner to sign off on the job, as a precaution against what is happening to you. I have never had any problems.

It is not a good idea to call any tree a "garbage tree" because all trees provide oxygen, shade, wildlife refuge, etc., to the local ecosystem they are in. Here in Austin, folks are quick to call Celtis occidentalis garbage, yet I have several hacks on my property that I have pruned for years and they are very nice looking and provide nesting locations for local birds. Their wood is not that shabby either and makes reasonably good firewood.

Remember, property lines that neighbors think are there may actually be shifted a few feet this way or that on survey sheets, so doing the neighbor sign-off will let you breathe easier when you see that same neighbor watching you bring to ground that tree you've been working on for the past hour.

Good luck in court!

-Miles

 

[Farmer Ferd]

So, how about an update?

I am not in any litigation. I was never named in any suit. I don't even think they know who I am. I was just gathering info for my customer who I found out is being taken to court for what I believe is criminal vandalism. following some of your advice I went to the neighbors house to tell him I would plant them another tree any where they wanted, he wasn't home. Then my customer his lawyer and my wife asked me not to contact the neighbor. Looking back at the site my original size was exaggerated. The tree was about 15 foot tall about 4 inches in diameter at breast height. I think the whole thing is kind of ridiculous. I'll let you know how it goes.

 

[Justice]

I agree with you on that one Farmer Fred. Seems to be the way it is these days. It is what it is though.
I think the bother it has caused so far is proof enough that these precautions need to be taken, mostly for our peace of mind.

Let us know how it goes. Good Luck!

 

[treeseer]

e I went to the neighbors house to tell him I would plant them another tree any where they wanted, he wasn't home.

So no card in the door, no telephone call, no return visit? No offense, but that does not sound like a good faith effort. :monkey:

If your client's lawyer is telling you to stay away that means s/he wants a resolution that will earn more for their firm. The client's interests too often take a back seat to this almighty principle.

 

[Farmer Ferd]

So no card in the door, no telephone call, no return visit? No offense, but that does not sound like a good faith effort. :monkey:

If your client's lawyer is telling you to stay away that means s/he wants a resolution that will earn more for their firm. The client's interests too often take a back seat to this almighty principle.

No card & no call because as I said I do not think he even knows who I am. I am not being sued, or taken to court nor do I want to be.

Both my client and his lawyer say that the neighbor is unreasonable and might even get upset at me (the guy who cut the tree down) I agree that the lawyer may want money but my customer would only like resolution. My wife says to stay away from the whole thing with a ten foot pole.

 

[treeseer]

My wife says to stay away from the whole thing with a ten foot pole.

Smart lady. At this point 100' would be better.opcorn:

 

[Dadatwins]

At the least you need to document the fact that YOU went over and tried to fix the situation with replanting another tree. Have a statement with the date, time of visit ready if you ever need it. Lawyers are in the business of making money just like everyone else, so by settling the situation in the backyard, the lawyer makes nothing. Sounds like some bad neighbors that have more issues than just a tree and hopefully you will not get sucked up into the nonsense. Best of luck.