So first, the neighbors. Where the elderly husband agreed three years ago to share costs of removing the tree, his wife is the biotch of the team and refuses to spend a dime. They have a pool which the tree towers over (this is their/ her main issue). Three years ago we found chlorine tablets around the base of the tree (approx 10 tabs). County hazmat wad of no help. Responding officer was provided the agreement previously mentioned. Two attempts with a mediator have been thwarted due to "medical issues which preclude participation" by the neighbors. They are located above us and the old lady will bird dog my wife when she's out by herself and yell threats of lawsuits. This does not happen when I'm home/ outside.

Also, they're making the claim the tree is causing them damage and preventing them from enjoying their pool. Damage is never assessed nor was an inspection allowed prior to repair. My belief is they're upset about pine needles in their pool.

Finally, at least two times prior, a verbal agreement was made to share the costs (before the officer was involved). They she welched both times.

The tree. It is a healthy pine. The tree is at least 75' tall, likely taller. The hawk nest is at the tree's near peak. There's the sound of at least one hatchling. Legally I am not required to cut down the tree (California law). Nor do I want it down as the tree blocks the late afternoon, summer sun.

So here's the question, whom can I contact to have the tree designated as a federally protected bird habitat?

Since you live in California, I am certain there is an Audobon Society club and Sierra club. That would be a good first step. You could organize a birdwatching group to arrive at your residence to view the nest. I am certain the neighbors would appreciate that. You would be surprised at how many bird watchers there are. That might attract a local news crew as well.

^^^^
Hold a Bird Watching party for the Audobon Society and tell them to bring swimsuits, there's a pool.

quote:

Originally posted by ZSMICHAEL:
Since you live in California, I am certain there is an Audobon Society club and Sierra club. That would be a good first step. You could organize a birdwatching group to arrive at your residence to view the nest. I am certain the neighbors would appreciate that. You would be surprised at how many bird watchers there are. That might attract a local news crew as well.

I like that idea, thanks.

My wife and I first thought it a golden eagle until we compared the screech. The best thing, when the bird leaves its nest it'll swoop down over us. Plus, it'll attack/ eat the field mice on the hillside (along with a neighboring owl) and has no problem being on the ground watching us.

Life's too short. Tell 'em to stop pestering you or you'll obtain a restraining order against them.

Put surveillance cams out to watch the tree.

If the bird is a protected species it might prevent you from enjoying a portion of your property.

Many species of Hawks are federally protected under the Migratory Bird Treaty Act.

I'd start here. Hopefully you can find or be pointed to a local contact.

I know of someone in my old home town who was prosecuted for killing a hawk. You're not supposed to even touch their nests- which also means trees that they are located in.

I love my birds. I feed approximately six species every morning not including the hawks and owls.
Fuck your neighbor. Get a game camera.

Shoot the neighbor .....whaaaatttt....we' re all "thinking" it.

In seriousness the hawk will likely be classified as protected and preclude any harm be done to them or their habitat-ie- the tree.

Look hard, I am sure there is a Spotted Owl in that tree, somewhere.

The wrong neighbors can suck the joy right out of life, can't they?

Wife is a loon, husband knows he's married to a loon, and if she's blustered about suing but hasn't actually done it: She's not going to.

I like the Audubon/Sierra idea. Normally I'd avoid both groups like they had handshake-transferable STDs, but there's a certain satisfaction in weaponizing them in your defense.

Curiosity only: Was this horribly offensive tree there when they bought the adjoining property?

Whoa whoa on calling anyone to "protect" your tree...

You get the government or DNR on your property and you may have a world of shit you never wanted. Once that tree and / bird are protected you won't be able to fart in your backyard without a permit or someone up your ass.

Be careful about that approach.

Best idea is the restraining order and security cam

quote:

Writer

Kids can set up a lemonade stand!

Why does the tree need protecting?

It's your tree on your property. Your neighbor can't do anything about it.

quote:

Originally posted by a1abdj:
Why does the tree need protecting?

It's your tree on your property. Your neighbor can't do anything about it.

I think he just wants the neighbors off his back.

Does any part of the tree hang over their property and cause nuisance or damage?

I’d look up the laws about how protected the hawk and its habitat is, print them out, give them to the neighbor and tell her to shut her pie hole and never bother you or you tree again unless she wishes to be prosecuted.

If your property is not completely fenced as described in Section 602 of the CA code, then post it against trespassing as described in 602. In either case put up game cameras and if they enter your property again, press charges for trespassing or trespassing and vandalism as appropriate.

In general, I’d much prefer to just get along with my neighbors, but I’ve found that if they are aholes they tend to only respect someone else who is a bigger, badder, ahole and has no qualms about making it hurt for them.

Good luck whatever you do.

The last thing I would do is invite any kind of .gov agency over to “protect” your tree from the neighbors. That’s a great way to screw yourself out of your own backyard. Document everything. Consider a restraining order but remember they can file against you too. I’d install cameras and ignore the crazy lady.

This thread makes me want to leave a 12-pack of beer on my neighbors' porches. I am thankful for my good neighbors but maybe not thankful enough!

Bruce

It's in your property. they can cut anything past their line but tough shit. I wouldn't even go halfsy with them.