Dispute with Neighbor on the Horizon

jmshepard · 10-03-2007, 04:15 PM

Received a call from our neighbor (the wife) on Saturday. Apparently they have a mold issues in the crawlspace on the side of the house that adjoins our property. The wife said that the mold issue is caused by our landscape plantings (30 feet Leyland Cyprus) on the lot perimeter. She wants to cut the trees down. We prefer the privacy from direct viewing from the street into our house that is afforded by the trees. This evening she called asking about the trees, we countered that we would allow the trees to be topped to about 13 feet tall. She said that was not what they wanted. She also said that she had notified the tree service to come and cut our trees. We said absolutely no to that plan. As a side note, the previous owners of this house had a similar issue with these folks. Our neighbors wanted to install a satellite dish but the sky view was obscured by some trees in this yard. They asked the previous owners about removing some trees. The request was denied. Our neighbors sent a tree service over and removed the trees without permission.
Any ideas on how to protect ourselves from these people? I’ve never had any dispute with a neighbor and I don’t relish having one now.

Dueller · 10-03-2007, 04:32 PM

I've run into a bit of the same question but I'm a neophyte on the mold issue. Based on my contacts who are supposedly experts, mold only occurs where there is a constant supply of standing water; i.e., mold will not develop if the water soaked area dries out on a regular basis, no will it develop if the water is moving regularly. I guess I'd start by gettin a landscaper out to determine if your tree is causing water to pool on their property. If it is you might want to compromise with neighbor and have a french drain or some other such landscaping done to prevent the problem. Without a further explanation of how your trees/proximity of properties is causing standing water/moisture I'm a bit lost.

on-ramp · 10-03-2007, 04:34 PM

nobody has a right to come on your property and cut down your trees.

put a video camera to document all the BS. sorry for your headaches. most people want reasonable neighbors. your neighbors sound like bullies.

Danny_Ocean · 10-03-2007, 04:35 PM

squerly · 10-03-2007, 04:36 PM

Hard to believe that anyone would have so much nerve as to come onto YOUR property and cut YOUR trees down. I would have to think that would be a good way to get into some serious legal trouble.

lendaddy · 10-03-2007, 04:38 PM

Wait a minute, they already did it? They removed your trees knowing...knowing full well you rejected the plan?

on-ramp · 10-03-2007, 04:40 PM

Quote:

Originally Posted by lendaddy

Wait a minute, they already did it? They removed your trees knowing...knowing full well you rejected the plan?

it appears they cut down the previous owner's trees without his permission.., right?

jmshepard · 10-03-2007, 04:40 PM

They have an established track record of this behavior.
I'm on leave the rest of the week. I will have the cameras ready and the Sherriff’s office on speed dial.

lendaddy · 10-03-2007, 04:42 PM

Quote:

Originally Posted by jmshepard

They have an established track record of this behavior.
I'm on leave the rest of the week. I will have the cameras ready and the Sherriff’s office on speed dial.

Oh, OK. Cameras sounds like a plan then.

FrayAdjacent911 · 10-03-2007, 04:47 PM

I would make sure that either you or your wife are at home at all times for the next few days. If a tree service comes out, send them away with NO UNCLEAR WARNING that you DO NOT CONSENT to having your trees removed.

Gogar · 10-03-2007, 04:53 PM

Unless your cypress trees are somehow growing INSIDE their crawlspace or hanging over the property line onto their house, I think you should tell them to $UCK IT. A nice resolution would be better, of course, but theres just some people you can't reach.

But if some tree trimmers show up, you have every right to GO OFF. And make sure the cops are on your side. (that shouldn't be too difficult.)

on-ramp · 10-03-2007, 04:54 PM

hold on a second...

if I call a tree cutting service and ask them to cut a tree that is on my neighbors property, they will do it? how does that work?

jmshepard · 10-03-2007, 04:57 PM

on-ramp...good question. They must have some mercenary foresters on retainer.

Dueller · 10-03-2007, 04:57 PM

I did a quick search of NC law...here's the pertinent statute:

1-539.1
Statutes and Session Law
Chapter 1. Civil Procedure.
Article 43. Nuisance and Other Wrongs.
1-539.1 Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.

§ 1-539.1 Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.
(a) Any person, firm or corporation not being the bona fide owner thereof or agent of the owner who shall without the consent and permission of the bona fide owner enter upon the land of another and injure, cut or remove any valuable wood, timber, shrub or tree therefrom, shall be liable to the owner of said land for double the value of such wood, timber, shrubs or trees so injured, cut or removed.
(b) If any person, firm or corporation shall willfully and intentionally set on fire, or cause to be set on fire, in any manner whatever, any valuable wood, timber or trees on the lands of another, such person, firm or corporation shall be liable to the owner of said lands for double the value of such wood, timber or trees damaged or destroyed thereby.
(c) Any person, firm or corporation cutting timber under contract and incurring damages as provided in subsection (a) of this section as a result of a misrepresentation of property lines by the party letting the contract shall be entitled to reimbursement from the party letting the contract for damages incurred. (1945, c. 837; 1955, c. 594; 1971, c. 119; 1977, c. 859.)

on-ramp · 10-03-2007, 05:00 PM

Quote:

Originally Posted by Dueller

I did a quick search of NC law...here's the pertinent statute:

1-539.1
Statutes and Session Law
Chapter 1. Civil Procedure.
Article 43. Nuisance and Other Wrongs.
1-539.1 Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.

§ 1-539.1 Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.
(a) Any person, firm or corporation not being the bona fide owner thereof or agent of the owner who shall without the consent and permission of the bona fide owner enter upon the land of another and injure, cut or remove any valuable wood, timber, shrub or tree therefrom, shall be liable to the owner of said land for double the value of such wood, timber, shrubs or trees so injured, cut or removed.
(b) If any person, firm or corporation shall willfully and intentionally set on fire, or cause to be set on fire, in any manner whatever, any valuable wood, timber or trees on the lands of another, such person, firm or corporation shall be liable to the owner of said lands for double the value of such wood, timber or trees damaged or destroyed thereby.
(c) Any person, firm or corporation cutting timber under contract and incurring damages as provided in subsection (a) of this section as a result of a misrepresentation of property lines by the party letting the contract shall be entitled to reimbursement from the party letting the contract for damages incurred. (1945, c. 837; 1955, c. 594; 1971, c. 119; 1977, c. 859.)

print this out on a 8 1/2 x 11 piece of paper. stick it on the tree with a nail, so that it is very visible.
that should do it.

Dueller · 10-03-2007, 05:04 PM

And get a landscaper to value the trees....my god....what would it cost to replace a bunch of 30 foot tall trees

Gogar · 10-03-2007, 05:06 PM

Interesting.

How do you establish a monetary for a (xxx) year old Cypress tree, anyway?

stomachmonkey · 10-03-2007, 05:07 PM

I think you're going to need a motion sensing camera and do not tell them about it.

They sound persistent. Would not put it past them to sneak over at night and pour a bit of poison.

Danny_Ocean · 10-03-2007, 05:13 PM

Quote:

Originally Posted by stomachmonkey

I think you're going to need a motion sensing camera and do not tell them about it.

Motion digital still camera, for counting big game, sold @ WalMart & sporting goods stores. Works day or night:

jmshepard · 10-03-2007, 05:17 PM

I knew this board would have the answers. Despite what our spouses think, this isn't a waste of time and we are brilliant.