OMG, the gall of some people!

[flick4411]

I just have to share this one with you and get your thoughts on a path forwward.

As you know, the townhouse up in Alexandria is up for sale. So I'm talking today to my ex-tenants/dear friends. They proceed to tell me that one of my ex-next door neighbors decided to hack on the absolutely gorgeous mock cherry tree outside my front door. The tree was enormous, with the most beautiful pink flowers each spring. Cassie, the neighbor, had asked me numerous times when I was going to cut down the tree. She hates the birds and the poop on her car--we all park front-in or back into the parking spots. Hers is right in front of her house as she's got a handicapped sign due to back problems. She has the first spot on the row, and yes, the tree does occasionally hang over that spot as well.

From what I'm told, she had the entire side of the tree on her side hacked away along with the limbs hanging over the parking spots. Now the tree looks like hell. And we don't even know how much damage this may cause. Now is not the time to be cutting down large limbs on any tree. And, in reality, she's gone onto my property and defaced something. My other neighbors have said the tree looks awful and lopsided. She was told by the homeowners association that they wouldn't touch the tree, and supposedly they told her not to touch it herself.

I think I have a legal case against her...especially since she did this just as I put the house up for sale. The curb appeal is now lessened since the tree looks bad; and she violated my property rights. It's still my house even if I don't live in it. She waited until my tenants moved out, and she had it cut by just some guy and not an arborist. Sos there's a chance that this gorgeous tree that kept the kitchen cool all summer with its shade will now get sick.

I am just beside myself with fury...and I'm thinking (1) I should call the local police to document the defacing of my property, (2) call the home owners association and lodge a complaint, and (3) get a lawyer and sue her to (a) get the tree checked out by a proper arborist, (b) get the tree cut to balance it, and (c) sue for damages since this could impact the sale of my house (I know, it's intangible damages, but still....I'm soooooooooo pissed off).

What do you all think? Please advise before I break my teeth from gritting them in piss-off-ed-ness! Thanks!

[OutandAbout]

Some people really have a lot of nerve.

To answer your multiple choice questions, I would do all the above. I would get the proper people in to check out the damage to the tree and see what they recommend you do to fix it (if it can be fixed). I would also inform the HOA and the police as well. She did come onto your property and damage the tree. I would also charge her for all damages and removal of the tree if necessary. This doesn't look good to potential buyers knowing that a neighbor did the damage. It might be a deal breaker to the buyers to know a nutcase lives next door.


Linda

[mtngal]

Oh Li! What a dirty trick for a so-called
neighbor to pull! And the poor tree!
Go for 'all of the above'! On the other hand,
I hope it's not as bad as you are hearing.
Can you do a quick visit to check out
yourself?

[Excel]

All I could think of when reading this was my situation here in my stick house. My neighbor did the exact opposite. He has a huge tree of his side of the property line...matter of fact it sits on the property line just a smidgen....In the fall because of its heighth it drops at least a trillion leaves...on his side & my side of the properties....the leaves plug the roof gutters & collect even in my back yard....& into the pool...But the front yard is the worst. Plus the wind blows in the afternoon & most of the leaves again blow into my yard. Now, I'm talking if I left them without cleaning & raking them up EVERY day...They would probably get 6 ft. tall....no kidding. So what did my neighbor do? Well, he cut all the branches off on HIS side of the yard so that the tree branches are only covering my side, my yard, my roof.. Wish I could complain to a HOA... or the police or sue him....not only is the tree 100 to 150' in the air, it's totally lop sided...and no, even though he butchered it horribly...it isn't dying....just growing more branches on my side..................

[Ladyhawk]

None of your options included strangling her, which I would have done. Document everything as soon as possible and I agree with doing all the other options (including strangling her).

I had a neighbor who wanted me to cut down a tree and then moved the property stake to make it look like the tree was in her yard. Fortunately, I caught her before she was able to do anything. Some people are just crazy and there isn't much you can do about it. I hope your tree is okay and you don't have to deal with too much aggravation to fix the situation.

[mitch5252]

..

I also vote for ALL OF THE ABOVE.
I would be furious.
(maybe even go after the guy who did the butchering...)

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[Sojourner]

My two cents, yes, all of the above -
you may want to get depositions from the neighbors that establish her guilt.

[Forestgal]

Ugh, Li. I'd be beside myself too. And it's got to be doubly frustrating because you aren't there to deal with it.

First, I hope that you've got pictures of the butcher job. Maybe your friends could take some for you. Then I'd be talking with the HOA first to see what their response is. If they shrug their shoulders and go "oh well", then I'd let them know that you'd be seeking legal advice about what recourse you can take. That may get them off the dime.

As far as the tree, I'm not sure much can be done to make it pretty at this stage since it's in full leaf. Getting an arborist down, if you're willing to pay, might be the best course. It may be that it should just be taken down to clean up the front of your house and do away with the implication that you've got a psycho neighbor -- not a good selling point in my book.

I'm sooo sorry that you have to deal with this, long distance or not. But hang in there. There's nothing you can do today -- except get those pictures taken. Go get yourself a nice meal at Chipotle, enjoy the evening, plan your course of "attack" and let it go until tomorrow.

Keep us posted, okay?

Laura

[mitch5252]

...and do away with the implication that you've got a psycho neighbor -- not a good selling point in my book.

..
EXCELLENT point!

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[avalen]

oh my lord, I'm with the majority here, do all of the above

[VickieP]

Document, document, document! Get any statements you can! The Realtor may have a current pic of the tree just before she butchered it.

[Rufflesgurl]

Grrrrrr - crabby neighbors. I've got one on one side - they complain about some of my shrubs growing on their side. One time I had my gardeners go to their side of the fence and cut them back. Then - talk about gall - the neighbor came to my door a few weeks ago and asked if I would have my gardener cut back the shrubs on their side again. Told him that whatever was on their side was their problem - that's the way it is in CA. Just told him not to kill the shrub. They are just too cheap to pay someone to trim back. I've got and have had their trumpet vine coming over on my side of the fence for years and have never asked them to cut it back. Sometimes, I feel like poisoning it. They (or she mostly) are just the kind of people that always have a smile but are real crab apples.

They also have a white birch tree in their front yard that was huge and a few years ago it was dropping all those little brown things on my side and making a mess. They finally had the tree trimmed down and I haven't had the messy problem with the tree this year.

Linda

[Rufflesgurl]

Oh Li - I agree with everyone else. Wasn't referring to you as a "crabby neighbor." Hope your tree can recover and be as beautiful as ever.

Linda

[mitch5252]

...Wasn't referring to you as a "crabby neighbor."

I didn't take your post that way, but now that you mention it...

..

[carold]

I use to live in an historic neighborhood with lots of large old oaks and vegetation aside from all the beautiful landscaping. Guess I was lucky that the surrounding lots had good neighbors and we always were able to agree on pruning, etc. Everyone has different opinions about what they are willing to live with and how to deal with intrusion into their property lot; especially when they are not planted on their lots. I agree with everyone else about checking with all involved to figure out what your options are. carold ps VENT away, we can take it carold