OMG, the gall of some people!

[Forestgal]

Li, I've been thinking about this some more, especially in light of the crazy neighbor. Here are my thoughts ...

If you've got someone who can tell you that you've got legal grounds agains this woman I'd write her a letter and tell her that it's now HER responsibility to 1) make the tree visually presentable by a licensed arborist, or 2) have it removed and replaced with greenery of your choosing. If she refuses to do so then you can take her to court and sue her for not only the value of the tree but the loss of income on your townhouse due to decreased property value.

All of this is going to take time and will probably get pretty ugly unless you've got a friend who's an attorney and can write a good, threatening letter.

If you can get any kind of statement from the HOA that they specifically told her NOT to touch the tree that might be a good idea too. You might even be able to check your CC&Rs to see if there's already something in writing to further your cause. Where I live the landscaping in our front yards is maintained by the Association. I'd think that they'd be pretty unhappy if she touched something that wasn't hers to touch in the first place. And if that's true & they don't do anything about it then you might have justification to go after them as well. But it's going to be messy ... sigh.

Enough thinking.

Laura

[flick4411]

Just imagine this tree fully rounded and full of leaves...complete with bird, bird nests, and squirrels...

[Forestgal]

It's a beautiful tree, Li. Still. But it needs a little help.

Not that I know anything about trees, but I'm thinking that if you find a qualified arborist he/she can at least make it more balanced and make sure that it's not so damaged that it'll die.

But I'd still be having a "come to Jesus" talk with Psycho Neighbor about footing whatever costs are incurred to make it right.

Keep breathing. And cry if you need to. I bet it hurt your soul to see such a beautiful creature so butchered.

Laura

[VickieP]

Looks like she not only had the limbs on her side cut, but also the ones on your property!!!

[flick4411]

This ain't gonna be pretty, but it's gonna be a fight! She's going to pay for fixing this tree or my name ain't Li!!!

[JudyJB]

I'm on the board of our condo association. I have two questions: 1) Do you actually own this tree or is it common HOA property. 2) Did the HOA put their denial to cut it down in writing to her? Hope they did. If they did, and if the HOA technically owns the tree, they should pay for bringing in an arborist to trim it so it does not look so bad.

Hacking off those limbs the way they did made it really look worse. An arborist should be able to trim it so it still looks fairly natural. The limbs should be cut back to the trunk or to a natural branching point on the branch so it is not so ugly!

If you own the tree, I think you have a good case for suing in small claims court.

It is amazing how some people think they can do whatever they want to do while you are gone.

[snowball]

You've had some really good advice so one more isn't matter much...I too would go for the all of the above...why people believe that they can just do what ever to a tree that branches are over there property. As if that is going to stop the birds from pooping on a tree if the birds had any sence of right and wrong they would dive bomb her pooping the whole way...I hope you can take care of the problem the easiest and cheapest way best of luck to you
sheila

[VickieP]

if the birds had any sence of right and wrong they would dive bomb her pooping the whole way
sheila

You said it the best, Sheila!!

[BarbaraRose]

My 2 cents...if that is your property, she can be sued for vandalism, trespassing and destruction of property. If it is the HOA property, not sure what your rights are. However, they really butched the limbs on that tree! Hopefully, a professional can trim back the cut limbs to look more natural. Obviously, the guy who did it doesn't have a clue on how to trim a tree! Why on Earth did he cut the limbs over on your side??

Good luck and let us know what happens!

[retiredhappy]

I'm from Texas- SHOOT HER.

Really, good advise already given by others. I would start with a letter to her threatening to sue. In your letter toher say you've already spoken with an attorney and he suggested she first write directly to see if she will pay to have tree repaired by arborist.

[Charlene]

Your neighbor is just like my mother, if everything is going well and peaceful, my mother would find something to stir up the pot and create problems for others! This women has to much time on her hands.

I would go after her derriere with both barrels loaded! (using all legal means, of course)

That should give her some excitement!

It sounds like she is trying to sabotage the sale of your home.

Charlene

[flick4411]

I talked with the HOA today; they said she has "air rights" to cut limbs over her property line but not to the "common area" limbs which are the ones over the sidewalk and street. My realtor is going over tomorrow to take pictures; I specifically asked her to take a view from the sidwalk looking along the sidewalk so we can see that she hacked off limbs over the sidewalk. I also called the cops--because I know who did it, I have to talk to them in person. If I didn't know the "suspect" I could do it over the phone. So I'm going to drive up to Alexandria and call the cops and have them come over. I left this upbeat message on the "suspect's" work phone cuz her listed phone only rings. Well she did call me back on my house phone, and left me to contact numbers, but when I went to replay it, instead I deleted it! CRAP!!!!!!!!! So i called again at her work number and left her a message saying I was a doofus and couldn't figure out how to operate my answering machine. So I gave her my office phone #. I hope she calls back...I sounded really nice. My friends/ex-tenants gave me a lawyer referral, so I'll call him tomorrow. As a result of this bee-atch's actions, I now get to run up and down the I-95 corridor on the Friday before the 4th of July. Guess I need to ask the lawyer if I can get compensation for the mileage too! More to follow...

[Forestgal]

Well, you've been a busy beaver. I hope it helps, knowing that you have options.

If you're going to have the cops over to the tree for a visit, you might want to check with the lawyer first to see what he/she suggests, especially if "The Neighbor" is home & sees you having a conversation with them outside her house.

And my guess is that this will either be a small claims issue, or you can go for the gusto and try and take her for everything -- including loss of sales income because the tree was a selling point.

Keep us posted, Li. And remember to keep breathing.

Laura

[flick4411]

So the bee-atch says she'll call an arborist and get the tree fixed. However we have to wait for two weeks cuz she's off on vaca tomorrow. I've asked my ex-tenants/good friends and they agree it wuld be best to wait and see if she follows through. If not, then we'll have to press forward. I did talk to the HOA and they're siding with her in that the tree is too big for the postage stamp yard and never should have been allowed to get that big. She recommended to me tht i remove the tree. That's a non starter. However, I think because I'm no longer there, and the bee-atch is sill part of the neighborhood, the HOA is trying to keep the peace. Maybe I'll get an offer and get it sold before someone asks seriously about how the tree got that way? Hope springs eternal. And I wasn't excited about going up there and back on he Friday before 4th of July. They say patience is a virtue. So I'm going to try to be virtuous.

[sharon]

I'm from Texas- SHOOT HER.