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A Tree (on my property) with a Hawk's Nest vs a Neighbor Demanding Said Tree be Removed Login/Join 
Ammoholic
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quote:
Originally posted by 41:
Using a chemical other then its intended purpose is a felony.
I have had some of my trees poisoned after I had to take the people to court for letting their dogs run loose.

I would look up the legal requirement for posting your property and put up posted signs. They have to be a certain distance apart and at a certain level.

VA Code:
§ 18.2-134.1. Method of posting lands.

A. The owner or lessee of property described in § 18.2-134 may post property by (i) placing signs prohibiting hunting, fishing or trapping where they may reasonably be seen; or (ii) placing identifying paint marks on trees or posts at each road entrance and adjacent to public roadways and public waterways adjoining the property. Each paint mark shall be a vertical line of at least two inches in width and at least eight inches in length and the center of the mark shall be no less than three feet nor more than six feet from the ground or normal water surface. Such paint marks shall be readily visible to any person approaching the property.

B. The type and color of the paint to be used for posting shall be prescribed by the Department of Game and Inland Fisheries.

1987, c. 603.


In CA, you probably want PC 602, linked here: https://leginfo.legislature.ca...e=PEN§ionNum=602
 
Posts: 7166 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
The Unmanned Writer
Picture of LS1 GTO
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quote:
Originally posted by ensigmatic:
I wouldn't even mention the hawks as a reason the tree has to stay. Anybody who'd try to poison a tree might well try the same with the hawks.

Like I said: Restraining order and surveillance cams.

How far from the back of your home, or closer location with power, is this tree?


My house, maybe 100' - 150' (need my daughter to do some master's candidate math for me Big Grin). Their house, maybe 50' where the base of the trunk is about 6' lower in elevation from their house's.






Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.



"If dogs don't go to Heaven, I want to go where they go" Will Rogers

The definition of the words we used, carry a meaning of their own...



 
Posts: 14202 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
The Unmanned Writer
Picture of LS1 GTO
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Also to add, they're some of the original owners in the area. Their house was built about 8 years prior to mine (mine built in 1978). The pine trees were planted on mine, and the neighboring properties, to provide privacy per the agreement with those original owners and the developers (this is the street's story per original owners still on my street). My asshole neighbor could've had the tree cut LONG ago but, per the man of the house months after I moved in and was walking the fence line, they liked the trees because it gave them a "forest feel." (When I bought in Oct. 2003 there were approximately 20 trees on the hillside. )

The other rub is, when we first bought and I walked the yard, there were multiple Christmas trees and pumpkins tossed over their fence. These were undoubtedly from their property. When I spoke with the gentleman as noted above, I mentioned he should consider keeping a lookout for trespassers who were entering through their front gate, past the pool, and tossing the items into my yard (yes, I was being very nice). Never happened again.

Also, when my neighbor next door had two pines removed about three years ago, the asshole lady demanded the neighbor pay to have the pool drained and cleaned because of the chainsaws' oils in the pool.

Yes, they are those type assholes.






Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.



"If dogs don't go to Heaven, I want to go where they go" Will Rogers

The definition of the words we used, carry a meaning of their own...



 
Posts: 14202 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
Delusions of Adequacy
Picture of zoom6zoom
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quote:
Anybody who'd try to poison a tree might well try the same with the hawks.

It would suck for the birds, but you could get new neighbors after she went to prison.




I have my own style of humor. I call it Snarkasm.
 
Posts: 17944 | Location: Virginia | Registered: June 02, 2006Reply With QuoteReport This Post
There is a world elsewhere
Picture of Echtermetzger
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If you were to cut down the tree and the poor miserable wretches next door were to pass away or get alzheimers, would that make cutting down the tree seem worth it?

The tree will likely outlive your neighbors.

Take care of that lovely tree.


A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed.
 
Posts: 6685 | Location: The hard land of the Winter | Registered: April 14, 2003Reply With QuoteReport This Post
Only the strong survive
Picture of 41
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So it the tree was there first, why did the neighbors put their pool that close to the property line?

They had to have previous knowledge that pine needles fall off each year and they would be a problem.

Pine needles start to fall off in the fall so they could easily cover the pool to keep them out.


41
 
Posts: 11894 | Location: Herndon, VA | Registered: June 11, 2009Reply With QuoteReport This Post
Member
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quote:
Originally posted by LS1 GTO:
quote:
Originally posted by DaveL:
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.


All hawk are federally protected, migratory bird. Legally nothing can be done to the tree.

Plus the hatchlings are getting really vocal and there's always one of the adults at the tree's peak keeping watch (we think) from the crows or ravens.


Understood and agreed. My point was that if you already have no obligation to take it down, and don’t want to take it down, then don’t and don’t apologize for your decision. If you want to add on top of that “and I couldn’t if I wanted to,” feel free to do so but it seems the issue is settled. Some people want what they want regardless how it impacts others - they are called selfish and you won’t logic them into good neighbors even by invoking the plight of protected hawks.
 
Posts: 1013 | Location: Tampa | Registered: July 27, 2010Reply With QuoteReport This Post
Member
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if you have to live next door to this guy for the next 25 years , just be a good neighbor,

make an attempt to make him happy .

is the tree tall enough /old enough to cause structural damage ? if it starts falling apart?

the hawk won't be there in 16 months , your neighbor will.





Safety, Situational Awareness and proficiency.



Neck Ties, Hats and ammo brass, Never ,ever touch'em w/o asking first
 
Posts: 55284 | Location: Henry County , Il | Registered: February 10, 2004Reply With QuoteReport This Post
Not really from Vienna
Picture of arfmel
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The OP says in his original post that he made multiple attempts to make the neighbor happy. The neighbor failed to co-operate. The neighbor attempted to poison the OP’s tree.

I believe the neighbor has had the benefit of all the good-will they deserve, and then some. Some people are not worth trying to work with.
 
Posts: 27238 | Location: SW of Hovey, Texas | Registered: January 30, 2007Reply With QuoteReport This Post
The Unmanned Writer
Picture of LS1 GTO
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quote:
Originally posted by arfmel:
The OP says in his original post that he made multiple attempts to make the neighbor happy. The neighbor failed to co-operate. The neighbor attempted to poison the OP’s tree.

I believe the neighbor has had the benefit of all the good-will they deserve, and then some. Some people are not worth trying to work with.


This, thx

No plans to spend $7K to remove a tree I don't want removed.

BTW: the high cost is the additional costs associated with cutting the branches shorter and lowering each slowly enough to prevent damage to their pool and prevent other branches from rolling down the slope into our fence then house.






Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.



"If dogs don't go to Heaven, I want to go where they go" Will Rogers

The definition of the words we used, carry a meaning of their own...



 
Posts: 14202 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
Member
Picture of 229DAK
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quote:
Originally posted by ScreamingCockatoo:
They can go fuck themselves.
......
Then they can go fuck themselves.

^^^^ What SC said.


_________________________________________________________________________
“A man’s treatment of a dog is no indication of the man’s nature, but his treatment of a cat is. It is the crucial test. None but the humane treat a cat well.”
-- Mark Twain, 1902
 
Posts: 9344 | Location: Northern Virginia | Registered: November 04, 2005Reply With QuoteReport This Post
Member
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Screw them. My neighbors to the east can be pains in the butt at times. When we moved in they wanted us to remove a locust tree that was close to their pool. As you know locust have those small pain in the butt leaves that plug everything. I even wanted it gone because it plugged up our gutters all the time. They even said they would pay for half the removal costs.

So, we remove it. Told them and they welched on their half. The next spring. I planted a maple in it’s spot. Screw ‘em.
 
Posts: 4162 | Registered: January 17, 2007Reply With QuoteReport This Post
Go ahead punk, make my day
posted Hide Post
quote:
Originally posted by 229DAK:
quote:
Originally posted by ScreamingCockatoo:
They can go fuck themselves.
......
Then they can go fuck themselves.

^^^^ What SC said.

Yeah, in spades.

The are assholes; appeasing assholes isn't worth your time.
 
Posts: 45798 | Registered: July 12, 2008Reply With QuoteReport This Post
Member
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quote:
So here's the question, whom can I contact to have the tree designated as a federally protected bird habitat?
Don't go here!!! Nope.

Simply get a hidden camera or 2 set up on the tree, when they come over and toss spike 80 or whatever, you'll have video proof. Sue them. Your offer of paying half was more than fair. Much more. If they want to be assholes, make them pay for the behavior. Alternatively, trim a few branches. Pine trees and pools make for poor neighbors.
 
Posts: 1958 | Location: Pacific Northwet | Registered: August 01, 2012Reply With QuoteReport This Post
I'm Fine
Picture of SBrooks
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plant a large tree or shrub to block the gate they put in the fence.


------------------
SBrooks
 
Posts: 3794 | Location: East Tennessee | Registered: August 21, 2006Reply With QuoteReport This Post
Almost as Fast as a Speeding Bullet
Picture of Otto Pilot
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quote:
Originally posted by 41:
Pine needles start to fall off in the fall

Heh, I wish. Tell that to my Ponderosa. The cones are seasonal, but the needles shed like a long haired cat.


______________________________________________
Aeronautics confers beauty and grandeur, combining art and science for those who devote themselves to it. . . . The aeronaut, free in space, sailing in the infinite, loses himself in the immense undulations of nature. He climbs, he rises, he soars, he reigns, he hurtles the proud vault of the azure sky. — Georges Besançon
 
Posts: 11502 | Location: Denver and/or The World | Registered: August 30, 2004Reply With QuoteReport This Post
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Picture of Sailor1911
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quote:
Originally posted by SBrooks:
plant a large tree or shrub to block the gate they put in the fence.


Cactus garden!




Place your clothes and weapons where you can find them in the dark.

“If in winning a race, you lose the respect of your fellow competitors, then you have won nothing” - Paul Elvstrom "The Great Dane" 1928 - 2016
 
Posts: 3805 | Location: Wichita, Kansas | Registered: March 27, 2011Reply With QuoteReport This Post
Only the strong survive
Picture of 41
posted Hide Post
quote:
Originally posted by Otto Pilot:
quote:
Originally posted by 41:
Pine needles start to fall off in the fall

Heh, I wish. Tell that to my Ponderosa. The cones are seasonal, but the needles shed like a long haired cat.


Shedding is one thing but storm damage is the real culprit. Around here the white pine which was breed for landscaping gets too big and the limbs break easily during a storm.

I have one neighbor that has Norway spruce planted on the property line and you can't use that area due to dropping sap and the roots in the garden. I tried to get them to cut them down but no deal.

So what do they do but plant additional trees along the line and place a trellis about a foot from the line which is illegal due to the setback law.

In the OP's case, I would get a Bushnell game camera and plant throney bushes along the fence. They will never do anything for you and will continue to be bad neighbors.


41
 
Posts: 11894 | Location: Herndon, VA | Registered: June 11, 2009Reply With QuoteReport This Post
Nullus Anxietas
Picture of ensigmatic
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This spring the problem here-abouts is pollen. On a couple days I got the Jeep washed just because it was covered so thickly in pine tree pollen. Night-before-last drifting clouds of pollen were actually triggering one of our surveillance cams. It's driving my wife's allergies crazy. She's taken to wearing a dust mask when working outdoors.



"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe
"If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
 
Posts: 26009 | Location: S.E. Michigan | Registered: January 06, 2008Reply With QuoteReport This Post
Ammoholic
posted Hide Post
quote:
Originally posted by Sailor1911:
quote:
Originally posted by SBrooks:
plant a large tree or shrub to block the gate they put in the fence.


Cactus garden!

Three pomegranate trees. One dead center, one four feet to each side. They’ll grow into each other and be a nasty, full of stickers mess. They’ll also provide pomegranates unless you do an ornamental variety. Smile
 
Posts: 7166 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
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