I Need Some Advice From Homeowners

[joewilly12]

10 hours ago, batman10023 said:

If I lose it’s going to be more than 2500 and a lot of time.  But I shouldn’t lose but most likely Jussie says split it 50/50.  It was on my side.  I hate dealing with this. 

You are allowed to cut back any neighbors overgrowth that hangs over on your property line. 

My neighborhood is inundated with oak trees some 100ft tall I have neighbors on both sides of me who don't maintain their trees I asked them to do a safety trim with all the ice and wind storms we been having both declined, so I hired a tree company to come in and trim everything back off my property line and told them I take no responsibility for anything I'm just doing what I'm allowed to do by town ordinance. 

During the ice storm massive tree limbs fell into their yards from all their trees and both thanked me for what I had done as it saved them a lot more aggravation. One of the neighbors actually promised to reimburse me for the work i paid for on his trees, I'm still waiting. 

[batman10023]

39 minutes ago, joewilly12 said:

You are allowed to cut back any neighbors overgrowth that hangs over on your property line. 

My neighborhood is inundated with oak trees some 100ft tall I have neighbors on both sides of me who don't maintain their trees I asked them to do a safety trim with all the ice and wind storms we been having both declined, so I hired a tree company to come in and trim everything back off my property line and told them I take no responsibility for anything I'm just doing what I'm allowed to do by town ordinance. 

During the ice storm massive tree limbs fell into their yards from all their trees and both thanked me for what I had done as it saved them a lot more aggravation. One of the neighbors actually promised to reimburse me for the work i paid for on his trees, I'm still waiting. 

I think I would win in court but I don’t live at the home full time just on weekends.  But if I didn’t win I would be left with a big bill and also in all situations I would have an unhappy neighbor.  

She did plant new trees and moved them two feet back so hopefully this isn’t an issue for another decade at least. 

[joewilly12]

23 minutes ago, batman10023 said:

I think I would win in court but I don’t live at the home full time just on weekends.  But if I didn’t win I would be left with a big bill and also in all situations I would have an unhappy neighbor.  

She did plant new trees and moved them two feet back so hopefully this isn’t an issue for another decade at least. 

Pay her $0 let her spend the money on an attorney who should advise her she has no case. Be ready though for lawyer letter writers who try and intimidate people with a $250 letter. 

[batman10023]

32 minutes ago, joewilly12 said:

Pay her $0 let her spend the money on an attorney who should advise her she has no case. Be ready though for lawyer letter writers who try and intimidate people with a $250 letter. 

What happens if this goes to court.  I have to pay for a lawyer and there is a chance I lose.  I did trim the stuff that was on my side.  It’s not clear the rules on if you kill the trees what happens. 

[joewilly12]

2 minutes ago, batman10023 said:

What happens if this goes to court.  I have to pay for a lawyer and there is a chance I lose.  I did trim the stuff that was on my side.  It’s not clear the rules on if you kill the trees what happens. 

You need to get a copy of the towns ordinances pertaining to overgrown shrubbery/trees impeding your property. 

Should be available on-line or through an OPRA request. 

Don't just hand this tree hugger $2500. 

 

[batman10023]

https://www.danspapers.com/2015/04/10-secrets-to-dealing-with-neighborly-disputes/

its not clear that I would win. The damages are 3x the cost of the trees. 

[batman10023]

42 minutes ago, joewilly12 said:

You need to get a copy of the towns ordinances pertaining to overgrown shrubbery/trees impeding your property. 

Should be available on-line or through an OPRA request. 

Don't just hand this tree hugger $2500. 

 

 Judge would most likely make us split the cost.  She got her landscaper to remove the dead trees and plant the old trees for free since she gave him 200k worth of work on a project she was doing.  So I think I am only paying like 20 percent of the real cost as tree removal is expensive. I think that alone would be 7k. 

[joewilly12]

This winter and spring ice storms were very hard on trees and shrubbery if you live in an area that experienced all this. My neighbors had extensive damage to 100 yr old trees along with shrubbery mainly bamboo and arborvitae don't be so quick to pay her for something that might have fell to mother natures fury. Hamptons? Sounds like you have the money $2500 drop in the bucket but still. 

[HighPitch]

In florida, you can trim whatever in on your side. 

Also, if you are worried about a deadish limb falling on your property, the law requires you to notify and document that youve asked you neighbor to attend to the matter or no dice afterwards. 

Our deadish huge limb fell in a storm crushing (our) fence and the neighbors paddle boat. I was a nice guy..... I took out the chainsaw and cleaned removed everything off his side. He was appreciative but he didn't ask about boat repairs as he never said anything before. 

I dont think you have anything to qorry about. She has to prove you killed the bushes and her mkving them 2 feet over was her choice. No way youre on the hook

[The Crusher]

I always hoped my neighbors tree would have accidentally  fallen on my ex wife. What? What chainsaw? 

[joewilly12]

My old neighbors and I've had some real winners thought it was ok for fallen limbs to damage my property and fence saying it was an act of God,everytime a branch fell I cut them up and tossed it back on their property.  I called my insurance company to come out and take a look and they sent registered letters to both neighbors advising them their trees are dangerous and could cause damage to my property and they would be held responsible if they did.  My tree guy a renegade agreed to come in with a bucket truck saws a blazing and cut everything back off my property line 100ft in the air sorry neighbors like it or not its how its gonna be. I work too hard for my sh*t. 

[Dcat]

On 6/16/2018 at 10:54 PM, batman10023 said:

My neighbor said I killed her leylands by trimming them too short.  They were on my property after growing. 

What a disaster.  She removed them and planted new trees but wants me to pay 2500 bucks to split the cost. 

Batman to neighbor: GFY, bitch

[Dcat]

On 6/16/2018 at 10:59 PM, batman10023 said:

Ina no win situation. 

you can cut anything that goes over your property line provided there is no easement or other legal right to use any property on your side of the prop. line.  Don't give her a red cent.

[Dcat]

23 hours ago, batman10023 said:

What happens if this goes to court.  I have to pay for a lawyer and there is a chance I lose.  I did trim the stuff that was on my side.  It’s not clear the rules on if you kill the trees what happens. 

1. It's not going to court. And if it does, it will be in small claims court where you can represent yourself in this nonsense. 2. God, I'll be disappointed if you cave in here.  No settlement either.  You don't have to pay for her expensive new trees.  She could have planted cheap crap there.  Her choice.   If she does attempt to sue you, you should counterclaim for the per hour labor costs for your time in cutting down her tresspassing overgrowth.  

[Dcat]

22 hours ago, batman10023 said:

 Judge would most likely make us split the cost.  She got her landscaper to remove the dead trees and plant the old trees for free since she gave him 200k worth of work on a project she was doing.  So I think I am only paying like 20 percent of the real cost as tree removal is expensive. I think that alone would be 7k. 

Judge will not make you split the cost in all likelihood.  

[batman10023]

1 hour ago, Dcat said:

Batman to neighbor: GFY, bitch

 

1 hour ago, Dcat said:

1. It's not going to court. And if it does, it will be in small claims court where you can represent yourself in this nonsense. 2. God, I'll be disappointed if you cave in here.  No settlement either.  You don't have to pay for her expensive new trees.  She could have planted cheap crap there.  Her choice.   If she does attempt to sue you, you should counterclaim for the per hour labor costs for your time in cutting down her tresspassing overgrowth.  

she's a local and i am a weekender.  there is that risk.  East Hampton has pretty strict vegetation laws and it's not clear to me that i would win 100%.

why would i want her to plant cheap stuff that is between our two houses.  I get indirectly benefit from them as it makes my house more secluded.

if i get her to plant the new trees two feet over and do all the trimming of them (on my side) and only pay a small fraction of the cost it's probably not a bad outcome.  because there is no winning in this scenario - no way is the judge just going to rule for one side here, he's going to make us split the cost.

 

[batman10023]

1 hour ago, Dcat said:

Judge will not make you split the cost in all likelihood.  

what is a judge going to do - i am allowed to trim but i am NOT allowed to do anything that kills the trees.  She has argued that my trimming killed the trees.  The judge is going to be like just settle. 

[batman10023]

1 hour ago, Dcat said:

you can cut anything that goes over your property line provided there is no easement or other legal right to use any property on your side of the prop. line.  Don't give her a red cent.

so is there NO price you would settle?

let's assume the cost of removing trees, planting and buying new trees is $12k. 

[Dcat]

1 minute ago, batman10023 said:

so is there NO price you would settle?

let's assume the cost of removing trees, planting and buying new trees is $12k. 

I'd call her bluff on this.  You can trim on your side.  If her trees died, then they were too close.  If she files a suit, I'm not kidding... counter sue for the cost of your labor and any other damage her overgrowth caused on your property.  My guess is she won't file suit.  She'll just despise you, which is fine.  If she files suit, then you can start to consider settlement.  But not until then.  Frankly, I'd just ignore her until you can't.  And then tell her she get's nothing and to have a good day.

 

[batman10023]

4 minutes ago, Dcat said:

I'd call her bluff on this.  You can trim on your side.  If her trees died, then they were too close.  If she files a suit, I'm not kidding... counter sue for the cost of your labor and any other damage her overgrowth caused on your property.  My guess is she won't file suit.  She'll just despise you, which is fine.  If she files suit, then you can start to consider settlement.  But not until then.  Frankly, I'd just ignore her until you can't.  And then tell her she get's nothing and to have a good day.

 

so the value in having a happy neighbor who lives in the house year round isn't worth anything to you?  we are at the house maybe 40 days a year.

i thought about calling her bluff until she sues - but by that time i already got to pay a lawyer.  and take away time from my reading JN.  which is priceless.

[Dcat]

Just now, batman10023 said:

so the value in having a happy neighbor who lives in the house year round isn't worth anything to you?  we are at the house maybe 40 days a year.

i thought about calling her bluff until she sues - but by that time i already got to pay a lawyer.  and take away time from my reading JN.  which is priceless.

She is trying to fleece you for half her cost.  She is not going to be happy with a settlement for anything less.  You, sir, are being manipulated by a neighbor.  If you are worried about her happiness, then pay for it all.  That will make her love you.

[batman10023]

2 minutes ago, Dcat said:

She is trying to fleece you for half her cost.  She is not going to be happy with a settlement for anything less.  You, sir, are being manipulated by a neighbor.  If you are worried about her happiness, then pay for it all.  That will make her love you.

obviously i think i am being manipulated to some degree.  there is no doubt in my mind that i am in a no-win situation.  The question is what is the best outcome given the situation.

my initial thinking was give her $2k, get the trees planted a few feet closer to her property.  limit the potential legal liability and have a happy neighbor.

the cost was $12k.  if i pay $2k that's less than 20%.

if the neighbor said the damages were $1k and asked me to pay 200 would you agree to that?

[joewilly12]

10 minutes ago, Dcat said:

She is trying to fleece you for half her cost.  She is not going to be happy with a settlement for anything less.  You, sir, are being manipulated by a neighbor.  If you are worried about her happiness, then pay for it all.  That will make her love you.

I agree there are people in this world like that. When we first moved into our home there was a big old ugly tree between the 2 properties mainly on the neighbors property but it posed a threat to my home and a week after we moved in a large limb fell just missing my central AC unit. So the neighbor (not there anymore) called in a friend of his to look at the tree the guy tells us $2900 to remove the tree and grind the stump, my neighbor says split the cost and the tree is gone next week need to decide right now as my buddy is really busy. I said no offense to your friend I want to get another price. So we decided to call a tree service used by most of the neighbors and he says $1500 I can remove it tomorrow I have a cancellation. My neighbor says well my buddy will do a better job yada yada yada I say then you pay him I will only agree to pay half if you use the guy who said $1500. So essentially the old neighbor wanted me to pay the full cost plus some pocket money. 

I routinely cut and trim my neighbors overgrowth and thats the way it will be as long as I'm living here, they both know I take pride in keeping my yard landscaped and neat and I will cut anything on my property that they fail to maintain. 

Be weary of neighbors especially  ones that want you to pay $2500 to replace some shrubbery. 

Shrubbery is cheap to buy its the landscapers who jack up the prices and charge astronomical labor rates to plant. 

[Dcat]

2 minutes ago, batman10023 said:

obviously i think i am being manipulated to some degree.  there is no doubt in my mind that i am in a no-win situation.  The question is what is the best outcome given the situation.

my initial thinking was give her $2k, get the trees planted a few feet closer to her property.  limit the potential legal liability and have a happy neighbor.

the cost was $12k.  if i pay $2k that's less than 20%.

if the neighbor said the damages were $1k and asked me to pay 200 would you agree to that?

1st, I don't even believe that your trimming actually killed her trees.  As long as you don't cut up more than 1/3 the height of the tree, "trimming" won't kill them.  How high up did you cut?  More than 1/3 of the way?  If it's 1/3 or less, then her trees were sick to begin with and your trimming didn't cause their death.  You do realize that she has to prove you killed her trees.  Now if you cut up beyond 1/3 the height... say half way up or more, then you are indeed in part to blame.  At that point you shoud throw her a bone and give her $500 or something.  The moment you give her anything, it can be construed as an admission of liablility.. so if you do pay her, make her sign an agreement that says she can't ask you for or sue you for any more than the amount you agreed to.

[joewilly12]

Honestly this person is obviously not a good neighbor to begin with if she blamed you for killing her shrubs and then had them replaced and expects you to pay for them without ever talking to you about the situation prior. I would spend the $2500 and put up a fence and end it. 

[batman10023]

10 minutes ago, Dcat said:

1st, I don't even believe that your trimming actually killed her trees.  As long as you don't cut up more than 1/3 the height of the tree, "trimming" won't kill them.  How high up did you cut?  More than 1/3 of the way?  If it's 1/3 or less, then her trees were sick to begin with and your trimming didn't cause their death.  You do realize that she has to prove you killed her trees.  Now if you cut up beyond 1/3 the height... say half way up or more, then you are indeed in part to blame.  At that point you shoud throw her a bone and give her $500 or something.  The moment you give her anything, it can be construed as an admission of liablility.. so if you do pay her, make her sign an agreement that says she can't ask you for or sue you for any more than the amount you agreed to.

it wasn't the height - that wasn't the issue - i cut too deep on the sides is what she is claiming.  

i like the idea of getting something in writing but i doubt she's going to ask for anything more or sue me if i pay for part of it.

[batman10023]

16 minutes ago, joewilly12 said:

I agree there are people in this world like that. When we first moved into our home there was a big old ugly tree between the 2 properties mainly on the neighbors property but it posed a threat to my home and a week after we moved in a large limb fell just missing my central AC unit. So the neighbor (not there anymore) called in a friend of his to look at the tree the guy tells us $2900 to remove the tree and grind the stump, my neighbor says split the cost and the tree is gone next week need to decide right now as my buddy is really busy. I said no offense to your friend I want to get another price. So we decided to call a tree service used by most of the neighbors and he says $1500 I can remove it tomorrow I have a cancellation. My neighbor says well my buddy will do a better job yada yada yada I say then you pay him I will only agree to pay half if you use the guy who said $1500. So essentially the old neighbor wanted me to pay the full cost plus some pocket money. 

I routinely cut and trim my neighbors overgrowth and thats the way it will be as long as I'm living here, they both know I take pride in keeping my yard landscaped and neat and I will cut anything on my property that they fail to maintain. 

Be weary of neighbors especially  ones that want you to pay $2500 to replace some shrubbery. 

Shrubbery is cheap to buy its the landscapers who jack up the prices and charge astronomical labor rates to plant. 

i checked on the local cost of the trees and it's in the ball-park.  slightly higher than what i was expecting.  

thanks for the thoughts.  this is helpful.

[Dcat]

1 minute ago, batman10023 said:

it wasn't the height - that wasn't the issue - i cut too deep on the sides is what she is claiming.  

i like the idea of getting something in writing but i doubt she's going to ask for anything more or sue me if i pay for part of it.

I don't understand "too deep on the sides". Did you cut more than just overhanging branches?  You can trim branches right down to the trunk and it shouldn't cause harm.  

[batman10023]

Just now, Dcat said:

I don't understand "too deep on the sides". Did you cut more than just overhanging branches?  You can trim branches right down to the trunk and it shouldn't cause harm.  

these were shrubs called "leyland".  so not a tree but rather shrubs.   there are 14 of them between our property (separating our driveways).  i cut (allegedly) too much off my side. 

[Dcat]

7 minutes ago, batman10023 said:

these were shrubs called "leyland".  so not a tree but rather shrubs.   there are 14 of them between our property (separating our driveways).  i cut (allegedly) too much off my side. 

I see.  Yeah... this might be your fault to  some degree.  But read this:

http://www.transatlanticplantsman.com/transatlantic_plantsman/2011/09/how-to-kill-a-leyland-hedge.html

Chances are she wasn't doing regular maintenance each year and she let them become overgrown.  So much so that, even if she had trimmed off your side herself this year, the trees would have died.  Her failure to do annual trimming on your side (and her own) is what caused your trimming to kill the Leland Cypress hedges.   Again.. whatever you offer her, make sure she signs an agreement that pays your reaponsibility in full and that she has no further claims against you with this matter.  

[joewilly12]

Leyland Cypress where I shop for my landscape needs. 

WEBSITES
njdiscountplants.com
crawfordbrosfarm.com
=============================================================
7-8' IN 25 GALLON POTS @ $125.00
6-6 ½' IN 15 GALLON POTS @ $75.00 / 5 or more $70.00
4 ½' IN 7 GALLON POTS @ $29.99 or 4 for $100.00
3' IN 3 GALLON POTS @ $14.00 or 3 for $36.00
15-18" IN 1 GALLON POTS @ $9.00 or 3 for $24.00

[batman10023]

15 minutes ago, Dcat said:

I see.  Yeah... this might be your fault to  some degree.  But read this:

http://www.transatlanticplantsman.com/transatlantic_plantsman/2011/09/how-to-kill-a-leyland-hedge.html

Chances are she wasn't doing regular maintenance each year and she let them become overgrown.  So much so that, even if she had trimmed off your side herself this year, the trees would have died.  Her failure to do annual trimming on your side (and her own) is what caused your trimming to kill the Leland Cypress hedges.   Again.. whatever you offer her, make sure she signs an agreement that pays your reaponsibility in full and that she has no further claims against you with this matter.  

She does regular maintenance each year - she spends a lot - her lawn is quite nice.  In any agreeement with her she is going to do the trimmings from now on including on my side.  

[batman10023]

13 minutes ago, joewilly12 said:

Leyland Cypress where I shop for my landscape needs. 

WEBSITES
njdiscountplants.com
crawfordbrosfarm.com
=============================================================
7-8' IN 25 GALLON POTS @ $125.00
6-6 ½' IN 15 GALLON POTS @ $75.00 / 5 or more $70.00
4 ½' IN 7 GALLON POTS @ $29.99 or 4 for $100.00
3' IN 3 GALLON POTS @ $14.00 or 3 for $36.00
15-18" IN 1 GALLON POTS @ $9.00 or 3 for $24.00

these are higher than 7 feet - and unfortunately there is no EASTHAMPTONDISCOUNTPLANTS.COM website.  

 

[joewilly12]

Typical home in the Hamptons............pay the lady and end it you obviously can afford it. 

[batman10023]

14 minutes ago, joewilly12 said:

Typical home in the Hamptons............pay the lady and end it you obviously can afford it. 

lol, if that was my house i'd not be asking the question.  i'd be at my pool counting my money.

i have a 2400 sq ft starter home on 0.4 acres.