Generally, if there is no existing hazard from the tree (dead branch for example) you are under no obligation to remove anything. If a branch falls as a result of an “act of God” (storm, gusty winds) the other party’s insurance is responsible for making it right.

I would set up a security camera and make it painfully obvious that you did. I might even tell them so if the lady is being a complete bitch to your wife. Then I would again offer to split the cost for removal, spelling out that as above, you are under no financial burden in the event of a healthy branch falling on their property.

One question- did they install the pool after the tree was all grown up, or was it planted after? If they installed the pool next to the tree, I’d mention that too.

Toss a couple of Baby Ruth candy bars in their pool. Anyone with a good sense of humor will appreciate that, and it'll send a neighborly 'eat shit' message!

Just tell the old lady to F' off. Actually don't do that. Tell her, if she would like the tree removed, she's more than welcome to call a professional tree company AND pay for it. Since she wouldn't pay for half, she certainly isn't paying for the entire job. Play the don't have any money card, if you have to. I wouldn't budge, but sometimes you've got to scream like people like this.

quote:

Originally posted by egregore:
Does any part of the tree hang over their property and cause nuisance or damage?

It’s an issue for a pool owner. I have a pool. We get storms, severe rain, whatever, and I’m cleaning up all the debris and bullshit out of my pool from the neighbors trees. It sucks. The whole thing will be covered in leaves, twigs, etc. Have to pull the skimmer buckets out, Polaris bag, clean the main filter next to the pump. The pine needles are the worst too. If I had a neighbors tree actually hanging over my property/pool I’d want it cut down as well. If the homeowner refused to do it I’d be out there myself on a ladder cutting the portion that hung over my property line. I wouldn’t care if they called the law, do it, but that sumbitch would be coming down.

I had 3 large ones on my property. 2 were near end of life and the third was a Magnolia. The Magnolia leaves would kill the lawn if they got wet. I had all 3 removed. And when I replanted I chose shade trees that will only get as tall as the house at maturation. They have minimal roots, don’t require a lot of water and don’t drop a bunch of shit everywhere. I also made sure that when I planted them, even at maturation, they will not hang over the property line.

If I had trees that hung over the neighbor’s property line they’d be removed, I’d pay for it myself and wouldn’t complain about it. There is the right way to be a neighbor and the wrong way. I don’t like my property or decisions having an effect on my neighbors. I keep the lawn up, vegetation trimmed at all times, etc. Because I hate when neighbors impact me. Like when one installed a fence and busted my sprinkler system to hell which cost me $1k to fix which caused me to cancel vacation. Or the other neighbor who lets their yard go, which ruins mine. Common courtesy and decency goes along way.

quote:

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

Actually not.

In California any cutting of a tree which kills or destroys its aesthetics, you can be held liable up to three times the value of the tee, max (as I recall) is $30K.

I have a large tree on my property that hangs over the fence and over the neighbor's yard. He and I are on good terms and I was always expecting to have to split the cost of pruning that tree when its overgrowth got too much. But the neighbor never asked me. I came home one day and the tree was trimmed like a wall up to the fence. Everything that hung over his side was removed, almost looked like it was all shaved down with a gigantic set of hedge trimmers. That was a year ago and we've never discussed it.

quote:

Originally posted by LS1 GTO:

quote:

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

Actually not.

In California any cutting of a tree which kills or destroys its aesthetics, you can be held liable up to three times the value of the tree, max (as I recall) is $30K.

I believe laws or ordinances similar to that are in place in many cities, townships, counties or states throughout the U.S.

Definitely install trail cameras and / or security cameras. Your wife should document any harassment she experiences, preferably with her cell phone or other video.

As others have said, you may want to think twice about getting conservation groups, the state or the feds involved.

You sound like you're agreeable to cutting down the tree. I sure hope you wait till the young bird matures.

No way would I cut down that tree after they tried to poison it. They and their pool can pound sand AFAIC.

I think the security cameras and maybe a motion detecting light are indicated. And if they trespass, I’d file on them.

quote:

Originally posted by jimmy123x:
Just tell the old lady to F' off. Actually don't do that. Tell her, if she would like the tree removed, she's more than welcome to call a professional tree company AND pay for it. Since she wouldn't pay for half, she certainly isn't paying for the entire job. Play the don't have any money card, if you have to. I wouldn't budge, but sometimes you've got to scream like people like this.

AFTER the birds and fledgling migrate (we think there's two based on the chirps) it'll be an option.

Oh, and they'll need to remove the gate which they installed on there pool fence and is used (documented with photos) to trespass.

quote:

Originally posted by Cookster:
Toss a couple of Baby Ruth candy bars in their pool. Anyone with a good sense of humor will appreciate that, and it'll send a neighborly 'eat shit' message!

Part of me wants to throw a baby mannequin in the pool, which sinks.

But alas, too much fun cannot be had.

quote:

Originally posted by LS1 GTO:

quote:

Originally posted by jimmy123x:
Just tell the old lady to F' off. Actually don't do that. Tell her, if she would like the tree removed, she's more than welcome to call a professional tree company AND pay for it. Since she wouldn't pay for half, she certainly isn't paying for the entire job. Play the don't have any money card, if you have to. I wouldn't budge, but sometimes you've got to scream like people like this.

AFTER the birds and fledgling migrate (we think there's two based on the chirps) it'll be an option.

Oh, and they'll need to remove the gate which they installed on there pool fence and is used (documented with photos) to trespass.

If that's the case, I would install a solid wooden fence, direcly in the area where the gate is on your property line!!!!


Tell her if she wants it cut down, she can pay for the entire thing in 3 months. I doubt she will, but you never know.

quote:

Nor do I want it down as the tree blocks the late afternoon, summer sun.

That says it all.

You tried to be nice. I say the tree stays, and your neighbor goes fucks herself. You attempted to be amicable multiple times... and multiple times she has shown you she's a true democrat. WANTING something, DEMANDING something, even MAKING THREATS, SABOTAGE... but when it comes to pay up, she wants someone else's (your) money to do it.

Leave the tree up out of spite, put up a well visible camera (Audio and visual) that only covers YOUR YARD, because I have this funny feeling that she will say that you're attempting to invade her privacy on her side of the fence. And it get's to catch her hounding your wife.

Document
Document
Document

I'd leave the Audubon society or anyone else out of it... Next thing you know, the'll be telling YOU what to do on YOUR property.

Toss him a true apology, something along the lines of "Im sorry you're married to her, but that's a 'your' problem, not mine, and I'm going to keep it a 'not mine' problem. Sorry Neighbor".

I'm also betting that the tree was there before the pool.

quote:

Originally posted by newtoSig765:
^^^^
Hold a Bird Watching party for the Audobon Society and tell them to bring swimsuits, there's a pool.

Better yet, since it's California, I bet that there is a Naturist chapter of the Audobon society - they'd make a for a fine show.

quote:

Three years ago we found chlorine tablets around the base of the tree

They can go fuck themselves.
You have no idea how bad I'd make their lives at this point.
Have I mentioned how much I hate people?


That hawks nest is illegal to molest in any way.
They can hire a pool boy to clean the pool.
Then they can go fuck themselves.

quote:

Originally posted by AH.74:
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.

This, we deal with it all the time on towers....you may not upset the birds during mating season or if they hold eggs or chicks......big no no.

Hell, even if the birds are not in the nest you have to get permission (in some case like Osprey) to remove a nest.

Call local DNR, they are more likely to come out and assess the hawk and maybe explain things to the bitch

good explanation
https://wildlife.org/californi...-of-migratory-birds/

There's no way in hell I'd cut down a healthy tree under these circumstances. Tell them to remove their pool if they don't like the added work. I'd be out there planting another line of trees right near the property line if someone got this aggressive with me.

Lots of video cameras with audio recording as well (if legal and yes post signs about it).

Baby Ruths my ass. I'd go to the dog park and pick up some samples to wing into their pool some night.

Let me know if this is right: the tree is on your property and your neighbors don’t like it. You tried to work out a compromise and they refused, and they are now using rudeness to try and force you to do something you don’t want to do. You’re not required by law to take the tree down or pay them money because the tree does tree-like things, like dropping needles.

Assuming that’s right, I don’t see what the hawk has to do with anything. You don’t need to justify your decision to us and you can’t to your neighbors.