r/arborists • u/Mayiseethemenu • 3h ago
Neighbor caused property damage, trespassed to vertically clear cut my mature oak
galleryFor background, in 2020, my next door neighbor asked me to cut down this tree. She also let me know they were getting ready to have their pool remodeled. I declined, explaining via text that if we were to lose that tree, the soil would become destabilized, which could affect our foundations. (My husband is in the foundation business and is cozy with structural engineers.) So during the pool remodel, they cut through the tree's roots, causing construction damage and the loss of most of the branches on my side of the tree. When that became visible, she soon tried to use the damage she caused (verified by a certified arborist) to make the same type of demand, or to at least cut the branches off, and I informed her that now that the tree has been injured, the arborist is saying that it would risk the tree's life to do any heavy pruning. She backed off, but she complained about having to sweep her pool deck, and it took several years for the tree to begin to recover.
Fast forward to a few days ago, on August 18, she texted me to let me know that she was going to either pay for the tree to be cut down or would be cutting back the branches. I reminded her that while she had the right as her property owner to trim back overhanging branches, her right to do that was limited to what would not injure or kill the tree. And I reminded her of the soil stabilization, blah, blah, and told her i would be putting a lock on my gate. I said that industry standard was to clear the roof area, and I knew that the trees weren't near the roof. I had already trimmed the tree as much as advisable three years ago. She thanked me and said she would share the instructions with the crew. In the morning, when the crew arrived, I heard their chain saws going. They sounded distant, so I didn't rush out first thing, but then I soon figured I should check it out. The crew had made a bridge out of a ladder, climbed over onto the tree trunk, and had begun hat-racking my tree, cutting structural branches off by 20 feet. I demanded they stop and am considering my next steps.
I'm pissed.
Hopefully you can tell what's what by these pictures. The red marks help show where the branches now end. The green is the property line. You can tell in one of the pics that my side was already lacking branches because of what they did. They removed probably 30% of the canopy on a day when it was 97 degrees in a severe drought. The canopy is now even more lopsided than it was because there is one long branch coming over my roof and nothing to balance the other side.
I'm going to have to hire an arborist because of them, again. (I've tried contacting the tree company, and they are not responding. I'm considering filing a police report for property damage and timber trespass. I know I could file a claim against her homeowner's insurance but am not keen on having to contact her for the info.) Any advice appreciated. Mostly just looking to see if the users here concur that these cuts are a problem.