Tree Damage to my property

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MJB621

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My new neighbor hired a man and a truck type company to take down a 25 year old tree. Huge boughs fell on my property and broke 3 of my trees 1/3 of the way off.

The tree contracter said he would replace the trees,but they would be small and he would not guarantee them to live. I told him that was not good enough -- I expected them to be as tall as the damaged ones. He told me to send him 3 estimates -- wished me good luck -- got in his truck and left.

I had a very reputable landscape company come out -- they agreed the trees were damage and would not just grow back right. The cost to replace, plant, mulch,and guarantee the trees for a year was $500.

The tree man recieved my registered letter that contained the bill. He ignored it. I sent a second letter,requesting the name of the insurance company he was bonded under -- he refused delivery of the letter.

I contacted the Better Business Bureau -- he ignored them.

So, I asked my neighbor for the name of the insurance company he was bonded under. They said they were happy with his work and had no claim -- to walk my feet of their property and stay off.

So, I sent them a letter asking for their insurance company, since the man they hired obviously had none.

They sent me a really mean letter saying I was just being greedy -- that a good neighbor would just say "no problem -- in time the trees will grow back." They say that I refused their tree man's offer to fix my damage --so
he is off the hook and does not have to pay. All Iwas wanting was money and I was not going to get it.

They also threaten to make my life miserable. They will call the fire department about the t ree being too close to a hydrant. They will call the city about the trees being too close to the sidewalk. They will contact the homewoner's association about any rule I break -- asking me "do you get the picuture?" If the trees grow in time to hang over their property at all -- they will cut them. They also said I was harrassing them and they were going to sue me for harassment if I said anything more about my silly trees.

They claim the falling tree only cut off 2" of my tree top.
It broke branches all through the tree so they now grow downward and not up -- the trees are topped and not matching the others. They now grow crooked. It is true - they did not die -- but they look awful and are damaged.

The reputible landscape service I had come look at the trees said they needed to be replaced and that the tree service or the homeowner would have no choice but to replace them.

I am just crushed that these new neighbors would not see that they are responsible for the uninsured man they let onto their propety and that a good neighbor would fix what they had done --not that a good neighbor would say "I am a good neighbor" and it is okay if you damaged my trees.

If I take this to small claims -- they will retaliate -- they have made that clear in the letter they sent.

I am not being greedy -- $500 is the price it will take to replace the damaged trees. I will have no "extra" left over.

So, if I take them court -- is that harassment to try to get them to do right and fix the damage to my property? Will the judge say -- you need to get over it -- the trees are not dead?

I am a widow and live with a special needs child who has grown to be 32 ( they do grow up). I am afraid of these new neighbors at this point. I am here alone and the husband is especially abusive.

Thanks for guidance . . .
 
No one here can guess what the judge will tell you...or, if you win, what retaliation your neighbors might resort to.

Sounds like you have good documentation from the reputable landscape company that the trees won't recover.

You need to decide if this $500 worth of damage is worth going to court over if the result are neighbors who can make your life miserable afterwards.

Gail
 
I agree with Gail. It sounds like you have a reasonable claim, but pursuing it might not be worthwhile in the long run.

You're not harassing them, for what it's worth. But by the same token, things they might do like calling the city, HOA, etc. might make your life miserable but don't count as harassment either.
 
Tree Problem

Gail and Dee -- thank you. I think the neighbor is going to harass me no matter what -- I think they are just mean spirited people. The homewoner's association came down and looked at the trees and told me that they would take it to court.

One of the things they are going to complain about is that the covenent says you cannot have shruberies taller than 42" in a hedge. They say my trees are a hedge -- they are not shrubs -- they are trees. Homeowner's president agreed on that one. (sigh) . It would be rare tree that would not grow taller than 41".
 
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