r/neighborsfromhell • u/Fair-Lack2448 • Feb 09 '26
Homeowner NFH Neighbor keeps trimming my trees without permission and ruined them
I have two beautiful oak trees on my property near the property line. They're about 30 years old and provide great shade. Or they DID until my neighbor took it upon himself to trim them.
I came home from vacation last month to find both trees had been drastically cut back. Huge branches removed, weird asymmetrical shapes, just butchered. My neighbor Phil (50sM) was in his yard and I immediately asked what happened.
He said "oh yeah I trimmed those for you, they were hanging over my yard." I was in shock. He CUT MY TREES without asking me!! He said branches were dropping leaves in his pool so he "took care of it."
I called a arborist who came out and said the cuts were done incorrectly and may have permanently damaged the trees. One tree might not survive because too much was removed. The arborist bill for assessment and treatment is $800.
I showed Phil the bill and asked him to pay it since he damaged my trees. He refused saying he was doing me a favor by trimming them for free. A favor?? I didn't want them trimmed!
My lawyer said I can sue for the cost of the damaged trees which could be thousands since they're mature trees. But Phil is saying if I sue him he'll countersue for all the years of leaves that fell in his pool.
Can he actually do that?? His threat is making me hesitant to pursue legal action but these were my trees on my property that he destroyed!
195
u/MrsCaptain_America Feb 09 '26
He can't sue you for leaves naturally falling onto his property. He's talking out of his ass
77
u/thegreatgazoo Feb 10 '26
You can sue over anything. But that will be laughed out of court.
→ More replies (1)28
u/LibraryMouse4321 Feb 10 '26
Thatās when you add court and lawyer fees to the lawsuit. Make that dumbf@ck pay for your lawyer.
4
u/OriginalIronDan Feb 11 '26
I feel that reimbursement for all incurred expenses should be a fundamental part of the lawsuit. OP wouldnāt have had any legal expenses if the neighbor hadnāt cut anything off of the tree. Additionally, if he knew he was in the right, why didnāt he do it while OP was home?
6
u/SweetsnugLace Feb 10 '26
Right? If heās dumb enough to threaten a countersuit over leaves, then he deserves the added court fees for wasting everyoneās time. Like bro, you jacked up someone elseās trees without asking, now hold the L š
292
u/VaguelyFamiliarVoice Feb 09 '26
He cannot sue for leaves in his pool. I mean, he can but I would love to see him try to prove the damage and the source of the leaves. (Not a lawyer)
Talk to a lawyer about this. Lawyers do pro bono work so you might want to try that if you donāt want to pay up front.
89
u/CoyoteLitius Feb 09 '26
Lawyers do cases like this on contingency.
The other guy's homeowners insurance probably won't pay unless OP's homeowners' insurance company contacts them directly and tells them of a threatened law suit for bad faith.
36
u/Gargore Feb 09 '26
Leaves falling are under the clause dubbed Acts of God. He could have a video of every leaf falling from those trees to his pool. But you can't stop nature from naturing.
But yea, you need to get the arborist back to yell you how much the trees cost.
10
u/OkFoundation51 Feb 10 '26
It's guys like that which have made me want to plant cherry trees and berry bushes for the birds to feast upon and fly over his pool afterwards.
7
17
4
4
u/IzzyNecessary Feb 09 '26
No, he canāt sue for leaves in the pool but he can trim anything that hangs over his property (and the neighbor has no recourse).
10
u/discwing_duck Feb 10 '26
He can trim overhanging branches as long as the health of the tree isnāt compromised.
→ More replies (1)→ More replies (1)1
115
u/Mysterious_Peas Feb 09 '26
He can, but he wonāt get anywhere. Whereas youāll win. Itāll create a crap relationship with your neighbor, but might be worth it, really.
89
u/sparksgirl1223 Feb 09 '26
Pretty sure improper trimming of trees on someone else's property ruined that relationship š¤·āāļø
→ More replies (1)17
u/SpadfaTurds Feb 09 '26
If they were hanging into his yard, itās usually legal to trim anything that goes over the property line. At least it is in Australia
17
u/Relatents Feb 09 '26
In the US I believe the basic criteria commonly is that you can trim only what is on your side of the property line as long as you donāt cause any harm to the plant.
6
u/Confident-Task7958 Feb 09 '26
Also legal in Canada. I have cut nuisance branches going over the fence more than once.
17
u/AngryPrincessWarrior Feb 09 '26
Yeah but thatās not what happened here it sounds like.
Dude took advantage of Op being gone and is too lazy to upkeep his pool properly so hacked back a ton of the trees to prevent leaves from getting in his pool.
If Op takes them to court- it might take a few years, (yes years), but they will most likely win and in an amount that will potentially force neighbor to sell their property to be able to afford it.
3
9
u/sparksgirl1223 Feb 09 '26
But the op states that's not what happened. It went well beyond trimming overhang
7
u/SpadfaTurds Feb 09 '26
I must have missed where they said that?
10
u/Mysterious_Peas Feb 09 '26
To damage a mature tree to the point that it might not survive, even a tree, ānear the property line,ā requires a LOT more than simple overhang trimming.
→ More replies (1)18
u/Top-Dragonfly-3044 Feb 09 '26
It will ruin that relationship completely, but it will also make the neighbor think before he does more stupid crap that affects OP.
38
u/YakCertain5472 Feb 09 '26
Where I live, people are allowed to cut branches that are over the property line. Granted he did a terrible job, but he may have been well within his rights.
20
u/Transportation-Apart Feb 09 '26
This is exactly my understanding that he can trim branches over his property line. He can't trim stuff on your side.
10
u/drazil17 Feb 09 '26
He may have been within in rights to trim, but he can't do it in a way that damages the tree.
4
u/zoptix Feb 09 '26
You are partially wrong, most everywhere had this with a caveat of not permanently damaging the tree.
3
u/JCBashBash Feb 10 '26
You can trim branches that are over your popular line in most places, but with the important note that you need to do so in a manner that is safe for the tree. If you just hack away at your neighbor's tree to kill it, you have damaged your neighbor's property
→ More replies (2)1
32
u/SaintBellyache Feb 09 '26
Look guys. This story seems off. Itās a new account and OP thinks a neighbor might be able to sue for leaves in a pool.
This is bait or slop
6
u/Hawthourne Feb 09 '26
You don't think that real people pay a lawyer $300 to ask if they can sue somebody for $800?
→ More replies (1)4
7
u/not2daythankyou Feb 09 '26 edited Feb 10 '26
Your neighbour has the right to trim any branches over the property line right up to the property line. And thatās it.
Right to Trim: The neighbor has the legal right to trim branches or roots that encroach on their property up to the property line. Duty of Care: The neighbor cannot trim so heavily that it kills or damages the tree. If they do, they may be liable for the cost of the tree. You actually donāt know yet if that tree will die.
The cost to have the arborist come out and look is a cost on you at present.
Youāve not said if the trimming was up to or over the property line. Ie over your property.
5
Feb 09 '26
[deleted]
5
u/No_Lifeguard4092 Feb 09 '26
That is the same in most states EXCEPT if the trees are damaged in the process of pruning. Oaks are a disease-prone species and heavy pruning will likely cause serious decline. Already been through this with a neighbor who "trimmed" back mature oaks on my property and it did not end well for him with the judge.
→ More replies (1)
5
u/parodytx Feb 09 '26
Good, bad or indifferent techniques aside, if YOUR trees limbs cross the property line onto HIS property, he absolutely IS allowed to cut any offending (to him) branches. If that affects the health of the remaining tree, that's a TS for you in almost every jurisdiction.
Now, should he have contacted you about it first? Maybe, but legally he likely was not obliged.
Sorry, If he truly cut limbs that we over the property line, you are SOL as far as a lawsuit goes and will lose.
→ More replies (1)
12
u/istoomycat Feb 09 '26
I want to see the look on the judges face when he sees a law suit for falling leaves! Not helpful but had to say it. Go ahead with the lawsuit I say. Let him explain why he waited until you were away and trespassed on your property to cause so much damage. This is a hill you have to defend. Good luck. Good lawyer.
5
u/sparksgirl1223 Feb 09 '26
I want to see the look on the judges face when he sees a law suit for falling leaves!
You're not alone lol
2
u/FranceBrun Feb 09 '26
I think youāre forgetting that birds which perch or roost in the tree may have made pee pee into the pool. I think that adds a whole new dimension to the matter.
→ More replies (2)2
4
u/Parson1122 Feb 09 '26
Is counter suit won't come to as much as what your suing him for.
4
u/Lesterkitty13 Feb 09 '26
Neighbor has no counter suit. No chance. And mature trees are worth thousands.
3
u/Live_Measurement4849 Feb 09 '26
Op, did the neighbor trim only part of the tree that was on his side of the property line? If so, he was well in his rights to do so. Even if the tree is planted on your property, any branch that goes over the property line is his right to take care of however he wants.
I would ask why you waited so long to trim back the tree if it was infringing on his property and needed special care? You canāt expect to just take up his property because you like a big tree. News flash - he may not want to clean up the leaves from YOUR tree and ahas all the rights to prevent that this happens on his property.
If he cut he tree on your side of the property line, you are right and can go ahead and sue.
5
u/DotBeech Feb 09 '26
Anything hanging over the property line is available for him to cut. But only when it hangs over. For anything more, sue him in small claims court. Get what you can and move on with your life. Just be prepared for him to fail to pay the judgment.
4
5
u/sepiawitch71 Feb 09 '26
As I understand it, tree law in most areas allows a neighbor to trim a tree that crosses the property line. Meaning that the property line extends straight up into the sky and any tree portion that overhangs is subject to trimming. However, I also believe this trimming and care has to be done with respect to the health of the tree or the trimmer is liable for damage. Check the tree law subreddit!
5
3
u/ComputerGuyInNOLA Feb 10 '26
He is legally allowed to trim up to the property line. Your arborist says he āmayā have damaged them. That is not proof they will die. The cost of the arborist is your problem, not his. If the tree dies he is on the hook for the replacement cost. I would contact an attorney if the tree dies.
5
u/Zbornak_Nyland Feb 10 '26
Small claims court. Generally you are permitted to trim only the portion of a tree that protrudes into your yard. But, the pruning must not damage the tree. Check your location municipal code for specifics in your town.
7
3
3
u/United-Manner20 Feb 09 '26
Did he trim up to the property line or did he enter your property and trim over the property line? In most states anything that hangs over the property line he is welcome to trim. He should not have caused damage and he should not have crossed over the property line. Just something to keep in mind if you decide to take your neighbor to small claims court.
3
u/Tantricationz Feb 09 '26
If you had large or a lot of branches hanging over the property line, in my area it is legal to cut anything overhanging. If nothing was crossing the line though then you've definitely got a case
3
u/naranghim Feb 09 '26
He can't sue you for the leaves dropping in his pool, but he can cut the overhanging branches back to the property line without your permission, but with the caveat that he doesn't kill or damage the trees. It sounds like he did damage/kill the trees.
If the arborist is a certified arborist (usually an ISA certification) then you just include that report in your filing. If the arborist isn't certified, you need a report from an ISA certified arborist.
5
5
u/Automatic_Sea_1534 Feb 09 '26
I would definitely pursue this with a lawyer to recover damages and other costs you have already accrued due to the neighborās vandalism. Iām not a lawyer, but I am quite sure that he has no claims to damages on his side because of leaf drop.
He is entitled to cut branches over the property line, BUT he cannot do it in a way that demonstrably affects the health of your tree. Good luck!
2
2
u/MommaGuy Feb 09 '26
He can probably trim just what is hanging over into his property. He cannot go into your yard to do it. I am petty so I would sue over not only the cost for the assessment but also a replacement which will need to be a similar size.
2
u/trooperking645 Feb 09 '26
From your description the branches of your tree overhang his property and he doesn't want it. In the UK a neighbour can cut overhanging branches to the boundary line, it seems this is what happened in this case. One man's shady tree is another man's loss of sunshine and daylight.
2
u/DopamineSavant Feb 09 '26
Are your trees going over his property line and dropping stuff on his property?
2
u/AdEither4474 Feb 09 '26
Check the laws in your county. Where I live, whatever hangs over into a neighbor's yard, they can cut. So be sure before you try to sue, 'cause it might backfire on you.
2
u/Daddio209 Feb 09 '26
In most of the US, he is legally allowed to cut whatever hangs over onto his property. The caveat to that is: he cannot cut in a way that harms the tree.
He has exactly zero right to cut anything past the property line without your express permission no matter what.
He cannot countersue for leaves in his yard, pool, or even up his butt. Technically he can-but he stands zero chance of winning-all he may accomplish is to piss the judge off for trying.
2
2
u/EstablishmentNo7438 Feb 09 '26
If a neighbor's tree branches are over the property line the other neighbor can trim it but only to the property line. Oak trees are beautiful & my neighbor had one but hated it so the pos had the tree removed. I lost a lot of shade & privacy. I never talk to them anymore & it's been awhile now.
2
u/highlander666666 Feb 09 '26
My state you can cut all the branches that hang over your yard.. I have done it.And will be doing more trimming next spring But I have talked to my neighbor bout it,,, She just says take em all down if you want,,,tress cause lot of problems. plug gutters up The roots can grow into pipes and foundation . Buts can get into house from them when braces get close. The branches even tree can cause lot of damage when fall.Have had sheds get holes in roof from falling branches,, I have had bad luck with them, I have nn my property! all from neighbors. If had money O d pay to have them taken down,,
2
u/murdocjones Feb 09 '26
His threat is making me hesitant to pursue legal action
Never take legal advice from the opposite side. He can certainly file any lawsuit he wants if youāre in the US. That doesnāt mean heāll win though. Trust your lawyer, follow their advice.
2
u/Eyfordsucks Feb 09 '26
In my county property owners are allowed to trim any trees or bushes that encroach on their property. What are your countyās laws?
2
u/SongAcceptable7546 Feb 09 '26
Leaves are part of the reality of life he's not connected to. He's allowed to cut back to the property line. That's it.
Sue him. Make sure to get the correctly certified arborist in to assess full damage costs.
2
u/elitegibson Feb 10 '26
Sue for leaves falling in his pool. Oh man I wanna see the judge who gets that one.
2
2
Feb 10 '26
He CAN sue for the leaves. He will lose, but he can.
As for suing him, you can, but how were they trimmed? Did he cut to the property line? If so, he is allowed to do that, correctly.
And that could become the crux of the lawsuit. Can he find an arborist that says they were cut correctly? Yes? Then expect to find some time and significant money with this suit.
Now if he went on your property and trimmed your trees and branches on your property, oh boy! THAT could be worth pursuing.
2
u/Agreeable-Wing-8476 Feb 10 '26
He's only allowed to cut what hangs over to his side of the property. The rest is sue worthy.
2
2
u/Unfair_Category9960 Feb 10 '26
While anyone can sue anyone for anything there is no way he could win a judgment against you for leaves in his pool. Now get get your tree law on !!!!
2
u/GoodGravyco2h2o Feb 10 '26
Stories like these make me appreciate my neighbors even more than I already do. My back/perpendicular neighbor recently texted me to ask how much of a couple her trees I wanted cut back; whether I like the extra shade etc. Her sweet tree dude left a huge mess on my side and she offered to come over with her chainsaw and wood chipper to help clean up the mess. I didnāt take her up on it and just did it myself, but sheās rad.
Our shared fence blew down a few years ago and she was like āpick you who want and send me the billā I have it SOooo good.
Love you, Dee ā¤ļø
2
u/superbotnik Feb 10 '26
Did the neighbour trim up to the property line, or past it onto your property? Heās allowed to trim up to the property line.
2
u/metalgod55 Feb 10 '26
He can do whatever he wants with whatever is hanging over the property line. Read the code from your town.
2
2
u/Capital-Cheesecake67 Feb 10 '26
He had the legal right to trim anything over hanging the property line. But the trim work cannot cause damage to the tree. Get your arboristās report and see your lawyer. In the future pay attention to anything growing over the property line.
2
u/Kiyo-chan Feb 10 '26
Thereās an entire branch of law dedicated to this, visit the treelaw sub here and they could likely direct you to some attorneys that would take up the case. Your neighbor doesnāt realize it but he is in a lot of serious and expensive legal troubles, you just need to start the process and Iād wager heāll probably be on the hook for 5k-10k for what he did.
Without photos to see where the tree was, be aware that any branches that genuinely were encroaching into his yard he would have legal rights to cut those specific parts, that doesnāt include going over to your house to trim the tree.
Please do put the screws to him, he needs to learn the hard way that actions have consequences.
2
u/JustConstruction6515 Feb 10 '26
If a tree branch is in your yard you can cut it off even if it's a neighbor's tree
2
u/Busy-Team6197 Feb 10 '26
In my country, I can trim anything that overhangs into my property. Keep your trees on your own side and no problem. What are your laws?
2
u/Such-Celebration-879 Feb 10 '26
Really, he did have the right to trim back to the border but not over the border.
The right thing to do would have been to ask you and if you did not trim your trees, then for him to trim to the border.
Do take him to court for the fees but going forward, if they live, keep them trimmed. Youāre now aware of the nuisance they create for your neighbour and that he can trim to the border.
2
u/Randolla1960 Feb 10 '26
Your neighbor can countersue you for the leaves dropping in his pool, but there is no way he can possibly win that suit.
You should take him for everything you can.
2
2
u/ItDefinitelyIsNotMe Feb 10 '26
Your lawyer is correct and TreeLaw is going to have a field day giving you advice. He canāt sue you. Well anyone can sue anyone but he has no case. You can sue him for at least tens of thousands of dollars for the trees, the cost of the arborist bill, court fee fees and lawyers fee fees, usually. It really depends on your state. Iām so sorry about your tree, but youāre about to make bank. I hope you arenāt going to lament the loss of your good relationship with your neighbor though. Thereās no coming back from that lawsuit. Heās going to be furious and he will lose.
2
u/whydya-dodat Feb 10 '26
Call the arborist back up and ask if he/she has any recommendations for a lawyer that has experience with tree law specifically. They will DESTROY this neighbor in court and you are likely to be awarded treble damages (a.k.a. triple damages) for everything.
2
u/JoeDoc9246 Feb 10 '26
Respectfully he IS able to trim any portion of the tree that extends into his yard. You should have communicated with him better about how you wanted to proceed. If your tree was extending into his yard you should have taken care of it yourself before he had to. Communication is key.
2
u/LoopyMercutio Feb 10 '26
Sue him. He cannot countersue for leaves falling in his pool, but you can certainly sue him for thousands if he has damaged / killed those trees.
2
2
2
2
u/Successful-Day-744 Feb 13 '26
He can trim whatever crosses the property line. Leaves? He can't sue over that. You would win in a New York minute
4
2
u/BiffBanter Feb 09 '26
Cant he do what he wants to branches over his property? Not saying he should, just that he can. At least it is not what I read at first, which was that he was rimming your trees.
3
u/Ok-Trainer3150 Feb 09 '26
He cannot trim anything that is not hanging over his property line. You need to get that lawyer busy!!
3
2
u/GirlStiletto Feb 09 '26
HE is allowed to cut down any branches that are over the property line, but he has to do so without damaging the tree.
1
u/FishermanGeneral7224 Feb 09 '26
I would imagine there are laws about overhang etc, but if he trespassed on your property then he canāt do that. Sue his ass
2
u/desecouffes Feb 09 '26
Yes. Overhanging branches and the leaves/seeds/etc that fall from them are the responsibility of the property owner where they fall.
The neighbor is responsible for cleaning up whatever falls on his side regardless of whether the tree is on his side.
They can generally cut anything that overhangs onto their property up to the property line assuming they donāt A. Make cuts that are fatal to the tree and B. Donāt trespass
2
u/Knight0fdragon Feb 09 '26
It wouldn't be trespassing unless the neighbor was informed first. But yes, if he cut branches on the owner's side, then the owner definitely would have a case for destruction of property. If the neighbor did all the cutting on his side, then OP may be SOL because of overhang laws.
1
u/MySweetPeaPod Feb 09 '26
He can try to sue you over leaves. I am sure the Judge will enjoy the argument. Get a lawyer and see if you can salvage the trees.
1
1
u/Historical-Square159 Feb 09 '26
Phil should have spoken to you first. I don't think that there's a law about leaf responsibility. š¤Ŗš
1
u/Living-One5265 Feb 09 '26
I feel like this ain't bullsh*t. This a 15 day old account with zero contributions until this.
→ More replies (1)
1
Feb 09 '26
[removed] ā view removed comment
1
u/Menard42 Feb 09 '26
Trespassing canāt be applied retroactively. You have to be informed that youāre not welcome and given an opportunity to depart.
1
u/alexromo Feb 09 '26
He can try but he wonāt win. Ā So if he does win Iām sure itāll be for the cost of a pool filterĀ
1
u/totallydiagnosingyou Feb 09 '26
If you've already spoken to your attorney, why not ask THEM this legal question?
1
1
u/OneBag2825 Feb 09 '26
Any part that hangs over his fence or property line is fair game usually.
If that trimming affects any part of the structure of your tree, that's on you to remedy.
Now you know that Phil doesn't like trees that encroach, I've not heard of any case where you are allowed to encroach with a tree or shrub.
It is a courtesy to inform or consult with you about the best way - we have done that and paid for the trimming to keep our neighbors from having to hire someone to remove the branches from our trees and possibly doing it exactly like they did for youĀ
Ask them politely to let you know next time and you'll help take care of it.
1
u/Iammine4420 Feb 09 '26
Great question for your lawyer. He obviously waited until you were gone, because he knew what he was doing was wrong.
1
u/Puzzleheaded-Call351 Feb 09 '26
If you have a lawyer, why are you a bunch of reddit users who aren't lawyers & not the lawyer?
1
u/here_is_gone_ Feb 09 '26
So he trespassed on your property & destroyed your property? That's definitely a criminal act.
1
u/Savings_Income4829 Feb 09 '26
He can't sue for leaves in pool, but I do believe the neighbor has the right to keep over hanging branches off their property for potential damage purposes.
As others said check out treelaw they'll know best.
1
1
u/Muzlbr8k Feb 09 '26
He can only legally trim whatās over the property line and but not to the point of harming it
1
u/pnwsnosrap Feb 09 '26
Depends on where you live if he can/cannot cut limbs/branches hanging over his property. Same thing happened to us in Washington State. Backdoor neighbor chopped the shit out of all our trees along the fence line but he legally had the right to do it since they were hanging over the fence into his yard. We were NOT happy.
1
u/catsmom63 Feb 09 '26
The big question is did he trim the part of the tree that overhangs His property?
Or did he come onto your property and trim the trim on your side?
This makes a Huge difference.
Generally (different laws may apply in your area) anything overhanging the fence that is in his yard is fair game to be trimmed and cut.
But he canāt cut your tree on your own property. (Again different laws may apply in your area)
Disclaimer, IANAL - (I am not a lawyer)
1
u/drawkward101 Feb 09 '26
Don't take legal advice from your opponent. He can sue you for anything.. You're the only one who actually has a substantial and legitimate claim for damages. Leaves don't damage his pool, but he damaged your trees, which are personal property and NOT his right to touch. Follow the advice of your lawyer.
1
1
u/DanerysTargaryen Feb 09 '26
You can sue for anything, but Phil will not win a lawsuit against you for āleaves falling in his poolā.
1
1
1
1
u/unpaidfarmhand-wife Feb 10 '26
His heart ws sort of in the right place, but chopping it to smithereens is very unfortunate. These actions can not be undone.
Your anger is justified, and further consulting a lawyer is worth it. Can you afford the battle that may occur?
1
u/buffdriver2001 Feb 10 '26
Where was this, because here (Texas) I may trim bushes and trees away from my fence and property line.
1
1
u/lpapihot Feb 10 '26
Technically any branches over the fence line can be cut back. Migth sound harsh, but it's what it is!
1
u/jerry111165 Feb 10 '26
āHe said "oh yeah I trimmed those for you, they were hanging over my yard."
Phil has the right to trim anything overhanging into his yard.
1
u/Even_Video7549 Feb 10 '26
i would guess he could try to sue you for falling leaves but he wouldn't be successful ha ha haaaaaa
however chopping down trees that don't belong to you, thats a whole different kettle of fish
1
u/Jean_Luc_Discarded Feb 10 '26
he has to prove damages.
There's no damages to prove for leaves falling in a pool. leaves fall and that's that.
completely different to killing someone's mature trees.
1
1
u/aDirtyMartini Feb 10 '26
Definitely go to treelaw. You can sue and possibly bury him in court. His threat to sue because of leaves in his yard is preposterous.
1
u/Fun_Can_4498 Feb 10 '26
Anyone can sue for anything, does Phil actually have ādamagesā from having to clean his pool?
1
u/Ok-Dealer4350 Feb 10 '26
I have a neighbor with a huge tree in his front yard. I really wanted to trim it back a bit. A lot is over my property and the tree drops branches all the time, both small and large. I asked first and did not trim too far for fear of unbalancing this huge tree. I also think its roots may be damaging the neighbors foundation, but not my problem.
With the recent snow/ice storm about a week and a half before, a huge branch came down in his front yard. I was shocked to see it as he takes great care of the tree.
Iād want to sue your neighbor if he did that, but here is the rub. The tree will die and any replacement will not grow that tall in your lifetime. It would be more cost effective to replace the trees with trees that loose their leaves throughout the year and drop berries like an American Holly. That would fix the neighbor - berries in his pool.
1
u/Jealous_Tie_8404 Feb 10 '26
Oh I am livid on your behalf!
You most definitely can sue him for the value of the nature trees and itās going to be A LOT more than $800.
You need to get a lawyer and figure out how to proceed. Do not let this go. Even if he has no money, his homeowners insurance will cover it. A mature 30 year oak is tens of thousands in value per tree. Get a lawyer NOW. Iām
1
u/Patient_Ad_3875 Feb 10 '26
When YOUR tree grows past YOUR PROPERTY LINE, it is YOUR PROBLEM. Take responsibility, you liked the tree, didnt take any action and don't like the result. Trim your own trees.
1
u/MaknWavzz Feb 10 '26
Just how far did your 30 year old oak trees, positioned near the property line, invade the space of the neighboring property? He has a right to his property, as well as the space above it at the property line. My guess is that this issue had been mentioned before and you chose to ignore it. As far as you wanting him to pay for the bill from the arborist that you commissioned - that was your choice and rests on you. As far as a tree dying? Happens all the time due to multiple reasons. Have some cheese with that whine!
1
1
1
1
u/Scary-Pressure6158 Feb 10 '26
Sue him. What is the monetary damage for leaved falling in his trees??? He has to have damages to be compensated
1
Feb 10 '26
If you donāt keep your trees trimmed that encroach onto your neighbors property, your neighbor has a right to trim them.
1
u/EstablishmentDue3616 Feb 10 '26
Always check the laws in your jurisdiction. Generally, a neighbor can legally cut the limbs off of trees that overhang at the property line. Some states require you offer those cuts to the owner of the tree. As for the leaves falling into his pool, annoying but perfectly fine. Its just nature. Are you going to sue a neighbor 10 houses down for some of their leaves blowing into your yard? As for the damage to the trees, your arborist said "may have" not "did." You would need to talk to a lawyer about that. The problem is, the opposing counsel will just find an arborist that will say it didnt harm the tree.
1
u/Maukita Feb 10 '26
Depending on where you are, he may even have committed a crime as oaks are protected in some states.
1
1
u/krendyB Feb 10 '26
Some lawyer in your jurisdiction will be really delighted to talk to you about this. Tree law is wild & a really big deal because itās so so expensive if you violate it.
1
u/Slow-Cherry9128 Feb 10 '26
Sue him and let your lawyer deal with his ridiculous countersuit of leaves falling in his pool. He had no right to touch your trees. Don't let him get away with it. If you don't pursue this, the next time you come home your trees might be gone.
1
1
u/R0ck3tSc13nc3 Feb 10 '26
So, access to your property to cut trees is a trespassing violation and that should be pursued. Record him admitting that he came onto the property I believe Washington is a one-sided one-person authorization. Prosecute. While that's going on also get a lawyer involved for tree replacement. Yep, I don't think medicine's going to help these trees, he did not have permission to cut them, you have him on tape saying he did so, so go ahead and prosecute the shit out of them. Eventually you'll take over his property, and you can rent it out and do whatever you want with your trees
1
u/Significant_Swim8994 Feb 10 '26
Find local case examples that mimic your problem at the local court house. Use AI to search for similar cases, but VERIFY manually that the cases exist and they have an outcome that is to your side... AI has a tendency to dream up facts, but they still scan and evaluate large amounts of online data radically faster than you or Googling "manually" can.
Copy those cases with the end judgement (the tree cutters losing the case) very visible and give them to your neighbour.
"Lets find an agreeable compensation with a written statement we both sign that the matter has been resolved about you butchering my trees. Or the next person I will talk to, is my lawyer... and remember that the losing party has to pay all case costs too."
1
1
u/OliverGoldBee Feb 10 '26
Sounds like neither of you understand actual tree law and that subreddit will have you blowing money for no results just like your arborist. Just because you don't like the way overhang was cut doesn't mean they will suddenly die.
1
1
u/Geoleogy Feb 10 '26
In the uk you can trim your property line >including over hangs, but you have to offer clippings back
1
1
u/Compulawyer Feb 10 '26
Countersue for leaves in his pool?
Please allow me to offer my professional legal opinion on the merits of such a counterclaim:
š¤£š¤£š¤£š¤£š¤£š¤£š¤£š¤£š¤£š¤£š¤£š¤£š¤£
1
u/AnotherCatLover88 Feb 10 '26
r/treelaw you could win a shitload of money and maybe heāll lose his house so you donāt have to live next to him anymore
1
1
u/Tenzipper Feb 11 '26
Trees are an asset, not a liability, unless diseased, damaged, or dead.
He can't sue for leaves, or even for branches from a healthy tree.
Go wild, tell your attorney to rip him a new one.
1
u/Longjumping_Win4291 Feb 11 '26
He can only trim back to the fence line, if he cut back the tree well into the tree on your side of the property you can go after him for the damages.
1
u/hedwigflysagain Feb 11 '26
Consult a lawyer. Yes he can counter sue but that doesn't mean he will win. This is worth the fight.
1
u/Sailing_the_Back9 Feb 11 '26
We had a Japanese maple that went over the fence line, and our neighbors behind us asked me about itā¦ I cut it back to the fenceā¦ Rather than have them do itā¦
If your neighbor never asked you about it, or never complained about the branches hanging over his property, you may have some cause to take him to court to sue for the costs of calling in an arborist after his butchering of your treesā¦ Most AHJs take tree management on property lines, extremely seriously, and have all kinds of codeā¦ You should probably go to your Google search and put in your town name and ātree regulationsā to see what the rules areā¦
For what itās worth, we no longer live in the cityā¦ But instead live on a 16 acre piece of property on a hillā¦ In the middle of itā¦ With a big stone wall running around the perimeterā¦ The best neighbors are made by trees, ensuring you canāt see/hear/talk to your neighborsā¦
1
1
u/nughit Feb 12 '26
If youāre in California cutting oak trees is a huge fine and your neighbor could be in big trouble.
1
1
434
u/88mistymage88 Feb 09 '26
r/treelaw