quote:

Originally posted by 1s1k:
I can't imagine grown adults can't sort this out.

You would be surprised. The tree I noted above...

Had an ongoing discussion with my neighbors about the pine tree. They claimed it was my responsibility to cut down anything which hung over their property (and dropped pine needles in their pool).

Went back and forth for nearly a decade. I even gave them permission to cut down the tree. That really pissed them off (think arrogant and stupid a-holes from New Zealand who are in late 70s early 80s).

Sharing the costs 50/50 was met by similar ass-hattery by them.

Now to be fair, this tree has a 3.5' diameter trunk which splits about 12' up from the ground, 100' tall, 60%-80% over the property line and, with regards to elevation, the trunk's base is about 60' higher that my floor plan (this is important as you will see).

After about a decade of their ass-hattery, and calling the San Diego PD about once a year, who kept explaining it is a civil matter, I initiated a mediation with them through a county asset.

This first started, in mediation, with them arguing and insisting they initiated the meeting even though the mediator calmly explained I had called them first. 15 minutes, we get on to the subject at hand. After 30 minutes of verbal attacks, I capitulate and agree to pay the costs for removing the tree. They're only insistence, the contractor meets with them to prove they are licensed and bonded (mediator looking them up on the internet wasn't good enough).

Contractor meets with them and then insists a 3/4" plywood deck is built over their pool so nothing could drop in their pool and prevent damage and, ALL debris is pulled down a 45 degree hillside and through my yard and nothing through their flat backyard and 30 feet to the street. Oh, and I was to pay the additional $1,000 for that deck.

Nope, ain't gonna happen. Sent them a letter explaining as much and the fee for them to remove my tree is $2,500 plus whatever their tree removal service charges.

About three months ago, the neighbor sends me an overly explanatory letter telling me how they will be removing the limbs on their side of the line (cost was $2,000 more than my tree removal service). Showing the letter to a lawyer friend who stated, "they fucking idiots. IF anything happens to that tree in the next 7 years, this letter is proof they are responsible (it was that detailed).

And a month after the trimming - they called the SDPD about a dead branch (with new and green needles mind you) which might fall on them. PoPo told them it is a civil matter then came and told me, if they are called out again, that is the definition of harassment and they (the neighbors) will be charged and, I could also sue them for said harassment.

So there you go - some people are assholes by nature.

You have a bigger problem than the tree. Your bigger problem is with your neighbor.

Since you already talked with your lawyer, I would follow what JHE said.

Also, if there's going to be any letter written to your neighbor, I would have the lawyer write it and send it to him.

quote:

Originally posted by Rey HRH:
You have a bigger problem than the tree. Your bigger problem is with your neighbor.

Since you already talked with your lawyer, I would follow what JHE said.

Also, if there's going to be any letter written to your neighbor, I would have the lawyer write it and send it to him.

Was that for me?

I am just proficient enough to write a draft of a letter and get legal input for as-needed corrections which only require sharing of a few drinks of single malt scotch.

Sure am glad I was awake for the legalese portion of my MBA classes.

Ok....I sent my neighbor a friend request on Facebook. Of which he accepted. Then I messaged him about the issue at hand. If this bears no fruit then I will talk with my lawyer and have him pen a letter to my neighbor.

I said this....

"Hey my man. I've been trying to catch you outside the last couple days but honestly haven't seen you out and about. I've got a couple things to run by you. Firstly my daughter wants to paint the side of that shipping container you see, it's artsy on the other sides, didn't know if you had any preference of scenes, she was thinking something mountainy.

Secondly, I really want to do something about the pine tree limbs that hang over our driveway. I can talk to a tree guy and see what the cost would be to prune the branches back to the fence line. I'll pay for the costs as well. I just didn't want to do anything to the trees without your blessing as they are growing in your yard. The pine sap all over the trucks is rough though.

Anyhow, I know we started off on the wrong foot. I hope we can make amends. Let me know what you think about the container and the tree limbs.

My cell is 828-888-8888. Reach out whenever.

Take care man."

We'll see what he says back, if anything at all. I figured this would be the quickest way to get something done as a letter may not get a response anyway and I don't want to go knock on his door. I honestly never see him outside.

Well, if you're sure you want to post your phone number here...it could make for an interesting night.

quote:

Originally posted by LS1 GTO:
Well, if you're sure you want to post your phone number here...it could make for an interesting night.

Thank you for the tip!

He replied. All is well. I've got permission to cut the trees. Might even look at removing them totally. He's on board and apologized for everything.

quote:

Originally posted by LS1 GTO:

quote:

Originally posted by Rey HRH:
You have a bigger problem than the tree. Your bigger problem is with your neighbor.

Since you already talked with your lawyer, I would follow what JHE said.

Also, if there's going to be any letter written to your neighbor, I would have the lawyer write it and send it to him.

Was that for me?

I am just proficient enough to write a draft of a letter and get legal input for as-needed corrections which only require sharing of a few drinks of single malt scotch.

Sure am glad I was awake for the legalese portion of my MBA classes.

That was for the OP. I have my MBA also with As and A-s. If I had the services of a lawyer, I might as well get them to send the letter.

In negotiations, there's gravitas and strategic advantage when you use a third party proxy especially if that proxy has additional weight in the matter at hand. Even more advisable given the previous interactions.

quote:

Originally posted by Quattro15:
He replied. All is well. I've got permission to cut the trees. Might even look at removing them totally. He's on board and apologized for everything.

All's well that ends well. Well done!