Crappy neighbors

[Eugene Brad]

About 2 months ago my mother in laws neighbors cut down and poisoned her 25+ year old wisteria tree. It was next to the fence line and like all wisteria it grew very viney and was growing on the very neglected and half decomposed fence. It was in the back corner of my mother-in-laws property next to a shed and we had no access to maintain the vines at the fence, or the fence for that matter.
About four years ago the neighbors asked if it were alright to trim the vines, we said absolutely. They had easy access from their backyard and we just asked that they be careful not to cut any of the 4 main trunks.
We hadn't thought much of it as being a nuisance to them because that was the one and only time it was brought up.
Anyway long story short, without any communication with my mother-in-law they decided it was time for a new fence next to the tree. So once the fence was down they reached over the property line and cut all four main trunks, drilled holes in them and poured what I believe was crossbow by the smell into and all around the stumps.
I confronted the neighbors very diplomatically as a mediator for my mother-in-law, because she was losing her ****, and i got them to confess. It took every ounce of restraint not to fly off on these two snobby *****.
At one point dude says, I thought it would be doing her a favor.
Anyway, just wanted to vent that one out there. My mother-in-law is getting all the quotes from arborists and landscapers and plans to sue for three times damages, as that is what is allowed in Oregon. And the research I have done can value ornamental trees at a pretty high price.
I just cant believe people sometimes...


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[adambweird]

I hear ya, mine had some really nice landscaping put in the front of her house and has the block work going 2ft over the property line. My family is the only one that has owned the property and 2 generations of us have had problems with this ***** despite telling her and showing her where the property line is. I even went so far as to show her once with a tape measure where the property line was as i knew the original owner of her property and knew that the house was built 5ft from the line. He bitched at me when i was little and mowing my grandparents lawn if i swerved over more than 4 inches. Im gonna laugh my *** off when the surveyors come out and show her where the line is and give her 48hrs to get her **** off my property (and leave ample mower spacing becuase shes not getting permission for an easement from me) or i remove it and keep what i remove as its on my property, at a rate of $300 an hour. Ive waited til she finished making it look nice to make the call, just to stick it to her even more. Im gonna sit and watch her remove it (if she does it herself) and laugh the whole time while hold a sign saying, "Honk at this stupid *****". Im not bitter at all, lol

 

[sdt354]

I'd definitely ask them diplomatically, ONE more time, to satisfy your Mom-in-law financially. Then I'd sue if they got ****** one bit. We just finished a complete surround of the property with a 6' high stockade fence and 5 by 5 Gothic post. "Good fences make good neighbors" An old N.E. farmer saying. And I encourage tall tree growth along property lines. Sometimes I just don't want them watching my every move. Like driving my Vmax out of the shed in my undies...lol. That itself calls for a visual blockade.

 

[Eugene Brad]

I'd definitely ask them diplomatically, ONE more time, to satisfy your Mom-in-law financially. Then I'd sue if they got ****** one bit. We just finished a complete surround of the property with a 6' high stockade fence and 5 by 5 Gothic post. "Good fences make good neighbors" An old N.E. farmer saying. And I encourage tall tree growth along property lines. Sometimes I just don't want them watching my every move. Like driving my Vmax out of the shed in my undies...lol. That itself calls for a visual blockade.

For sure.. her legal aid required a certified letter to the neighbors with the finacial reimbursments spelled out. This gives them up to two weeks to reply/ make it right. She is still getting quotes for the work so she will send that letter off as soon as that process is complete.
I don't know that I can approach them with much diplomacy or kindness at this point. Something I forgot to mention is that just a couple days ago they trimmed back her Apple tree that has 6-8 branches reaching over the property line, no big deal, aside from the way they just handled the wisteria AND they threw the branches back into my mother-in-laws yard.. WTF.
Yesterday and today I was doing some roof maintenance on the mother-in-laws house and had pantera blasting as loud as it would go pointed right at them.
RE...SPECT
LOL
oh yeah rip Vinnie Paul

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[Kronx]

This is why I want to live up in the mountains with no neighbours near me. I've had a few run ins with mine. Including breaking the jaw and hand of one and spending a few days in jail. Caught the neighbors 22 year old son shooting a pellet gun at my dog while he was in my backyard and lost my ****.

I hope you get your issue settled without too much problems. Wisteria's are a beautiful tree. I'm sure she's appreciative she's got you looking out for her.

 

[Fire-medic]

Usually fences require a recent sealed survey to apply (here in Florida they do). That would show the distance from the dwelling to the common property line. If they didn't get a survey and a permit, and just began construction, that's an immediate 'stop all work' letter from the chief building official, a double fine (2X the cost of the permit) and restoration of all offending site work on the adjoining property to a 'before' condition (again, here in Florida, I am a licensed plans reviewer and life safety code inspector).

I had the neighbor hire an excavator trenching for a foundation who encroached onto our property, and I just happened to be home when he did it. I asked hime to stop, he essentially told me, "f^%$#!-you," and kept digging. I immediately called the AHJ building dept. and told them the work with heavy equipment was ongoing, and that he refused to stop work, to resolve the issue. Within 30 minutes a building inspector appeared, red-tagged the entire job, and set the conditions necessary for the offending excavation contractor to make things right. Here in Florida, a 'red-tag' means all contractors must stop all work.

Later I had to call the AHJ building official again because they formed-up the footer on our property, and again the work had to stop on the entire job, until they re-located the forms. Then when they poured the concrete, they splashed the mud mix all-over our new addition wall, which could have been removed with a hose stream. Our new professionally-applied Benjamin Moore paint job ended-up looking like polka dots, at which point I was ready to sue them, but my wife refused to.

This past week, the woman lost the house to foreclosure. It's now the bank's. The house was never finaled in the permitting, so she's been in it for over a year like that, multiple open permits. I expect the bank is going to get something seven figures for it.

 

[Eugene Brad]

Usually fences require a recent sealed survey to apply (here in Florida they do). That would show the distance from the dwelling to the common property line. If they didn't get a survey and a permit, and just began construction, that's an immediate 'stop all work' letter from the chief building official, a double fine (2X the cost of the permit) and restoration of all offending site work on the adjoining property to a 'before' condition (again, here in Florida, I am a licensed plans reviewer and life safety code inspector).

I had the neighbor hire an excavator trenching for a foundation who encroached onto our property, and I just happened to be home when he did it. I asked hime to stop, he essentially told me, "f^%$#!-you," and kept digging. I immediately called the AHJ building dept. and told them the work with heavy equipment was ongoing, and that he refused to stop work, to resolve the issue. Within 30 minutes a building inspector appeared, red-tagged the entire job, and set the conditions necessary for the offending excavation contractor to make things right. Here in Florida, a 'red-tag' means all contractors must stop all work.

Later I had to call the AHJ building official again because they formed-up the footer on our property, and again the work had to stop on the entire job, until they re-located the forms. Then when they poured the concrete, they splashed the mud mix all-over our new addition wall, which could have been removed with a hose stream. Our new professionally-applied Benjamin Moore paint job ended-up looking like polka dots, at which point I was ready to sue them, but my wife refused to.

This past week, the woman lost the house to foreclosure. It's now the bank's. The house was never finaled in the permitting, so she's been in it for over a year like that, multiple open permits. I expect the bank is going to get something seven figures for it.

The thing with my current situation is there isn't any question/ dispute of property line. They just put the fence back in the same spot it was which we would all agree is ok. They just took it upon themselves to kill our tree, which the furthest trunk they cut was about 5-6 feet from the fence, because it was a nuisance to them.
I see what you mean though to get a survey to absolutely identify the property line, hell, maybe the old lady gains some space too. I've never heard of needing a permit to build a fence around here though. Of course if you don't and turns out it's in the wrong spot they can make you take it down.
They will get what they deserve. I'm pretty confident that is going to be the most expensive fence they will have ever built.

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[sdt354]

This is why I want to live up in the mountains with no neighbours near me. I've had a few run ins with mine. Including breaking the jaw and hand of one and spending a few days in jail. Caught the neighbors 22 year old son shooting a pellet gun at my dog while he was in my backyard and lost my ****.

I hope you get your issue settled without too much problems. Wisteria's are a beautiful tree. I'm sure she's appreciative she's got you looking out for her.

That mountain lifestyle would suit me fine. I'm not a huge people person. I like animals, plants, and trees better than neighbors. A decent size wisteria planting is a viable solution. And on the dime of the D.B. neighbor. Litigation will have a costly upstart, even if you win. I've had issues with one neighbor, he wasn't fond of my Mark's 4-2 lol. Too bad so sad.

 

[Zeus36]

Don't attempt further contact with those neighbors (unless it is to get a hard-copy text of them admitting guilt).
Get tons of pictures and hopefully there is text or at least a witness to their admission of guilt. Have an arborist go to court with you as a subject matter expert.

Go for the treble damages in court as your mother-in-law will recover three times the cost.

The basis for the suit should include:

1. The cost of replacing the tree. This would also include the cost of removing debris and cleanup.

2. Diminished property value.

3. Out-of-pocket expenses. In most states, you can recover for money reasonably spent trying to save an injured tree, or to remove a dead one. Such expenses might include appraisal costs, cleaning up debris, repairing the yard, or missed work time to deal with the tree damage.

4. Aesthetic loss and mental anguish.



After you win in court, wait a year or two then bestow upon them "a dish best served cold"


*************

 

[Eugene Brad]

Don't attempt further contact with those neighbors (unless it is to get a hard-copy text of them admitting guilt).
Get tons of pictures and hopefully there is text or at least a witness to their admission of guilt. Have an arborist go to court with you as a subject matter expert.

Go for the treble damages in court as your mother-in-law will recover three times the cost.

The basis for the suit should include:

1. The cost of replacing the tree. This would also include the cost of removing debris and cleanup.

2. Diminished property value.

3. Out-of-pocket expenses. In most states, you can recover for money reasonably spent trying to save an injured tree, or to remove a dead one. Such expenses might include appraisal costs, cleaning up debris, repairing the yard, or missed work time to deal with the tree damage.

4. Aesthetic loss and mental anguish.



After you win in court, wait a year or two then bestow upon them "a dish best served cold"


*************

Thanks for the advise, that sounds like what her lawyer has told her to do as well.
I am curiouse to see if they try to flat out lie because I do not have a witness. We will find out with their responce to the certified letter.

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[caseyjones955]

I'd be in jail, I really dont miss having neighbors one bit.

 

[Eugene Brad]

So we got a confession from them to a third party, an environmental agency that deals with toxic spills and dump sites. We contacted them because the intense smell of crossbow coming from where they had killed the tree. Turns out it is also illegal if you use that stuff not as directed, especially to kill your neighbors trees.
Once the arborist gets the costs together we will know how much to ask for.


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[Redbone]

I hope you get these a-holes, they must have thought they could do whatever they wanted to.
Luckily my neighbors are nice and have no issues, but then again my house was built in a mature forest. There are 5-6 30"+ oaks and 20-30 paper birch, maple, and more oak trees along with some pine thrown in for good measure. I did have a huge paper birch that was killed when someone cut too deep when trying to get some birch bark for crafting but I have no idea who did the dirty deed.

 

[Eugene Brad]

So the mother in-law sued for $10500 and lawyer fees. Neighbor countered to settle for $9000. Lawyer said it’s a lock if she wanted the 10500 and go to court. I think she should take the settlement so she doesn’t have to worry about a potential drawn out repayment plan. She hasn’t decided what she will do yet.

 

[TheFleshRocket]

How much are lawyer fees?

Something I've learned, at least in Illinois, is that if you win in court, you get a piece of paper that says you won in court, and nothing else. As in, good luck trying to collect anything from the losing party. A debt collector might be able to accomplish something but will obviously take a significant percentage. A couple of burly Italian fellows might also be convincing, but that course of action carries with it its own set of caveats.

If the lawyer fees aren't significant, I would strongly consider taking the offer of $9K (or coming back with a reasonable counter-offer). Considering the amount of time that might be required in court plus the up-front out-of-pocket lawyer fees for a trial plus the difficulty in collecting after winning a settlement, taking the easy way out is probably the way to go.

 

[Lars-Erik Andersson]

How much are lawyer fees?

Something I've learned, at least in Illinois, is that if you win in court, you get a piece of paper that says you won in court, and nothing else. As in, good luck trying to collect anything from the losing party. A debt collector might be able to accomplish something but will obviously take a significant percentage. A couple of burly Italian fellows might also be convincing, but that course of action carries with it its own set of caveats.

If the lawyer fees aren't significant, I would strongly consider taking the offer of $9K (or coming back with a reasonable counter-offer). Considering the amount of time that might be required in court plus the up-front out-of-pocket lawyer fees for a trial plus the difficulty in collecting after winning a settlement, taking the easy way out is probably the way to go.

Very well written me from Sweden knows the problem ....even after winning how to WIN ? The only solution try to have some 1% Friends then everything gets a solution....thats hard but ?
//Lars

 

[Eugene Brad]

How much are lawyer fees?

Something I've learned, at least in Illinois, is that if you win in court, you get a piece of paper that says you won in court, and nothing else. As in, good luck trying to collect anything from the losing party. A debt collector might be able to accomplish something but will obviously take a significant percentage. A couple of burly Italian fellows might also be convincing, but that course of action carries with it its own set of caveats.

If the lawyer fees aren't significant, I would strongly consider taking the offer of $9K (or coming back with a reasonable counter-offer). Considering the amount of time that might be required in court plus the up-front out-of-pocket lawyer fees for a trial plus the difficulty in collecting after winning a settlement, taking the easy way out is probably the way to go.

I think she is out 5200 total to date for lawyer and chemist/ soil samples because the neighbor used crossbow concentrate on the tree. So the 9000 puts her at 3800 to remediate the soil and remove the shed. Trial would cost at least another 2500. I’ve told her to take it as long as it’s a cashiers check and not a payment plan.