How about a tree story?

Now you’ve made me want to get out the tape and measure it. I’ve just been estimating that it’s encroaching approx 1/3 of our 366ft long property. With the heavy canopy it’s hard to pick out landmarks on the county GIS map, but it looks like I may be underestimating.

Pics please. From your descriptions, this has got to be worth seeing. :smiley:

4 Likes

It really isn’t a good thread without pics! Measured 80ft to the first trunk split, about 105ft in total height. Stump is 35" diameter at it’s widest point.

1 Like

Naaaa. That’s not a tree.

That’s a MONSTER!!

1 Like

glitch99, great photos…

Where do u live? Looks like N, CA. or I guess, so many states have these wilderness areas. Beautiful!!

Thanks for the pictures. That helps, especially with visualizing the slope but also how close it was to other houses.

It makes sense that a potential issue like this would be taken care of by people potentially affected. Still does not make neighbor actions right and could have been avoided if she simply asked for permission to remove the tree beforehand.

1 Like

I had a case like this last year. The client wrongfully had a black walnut tree removed from her property in California. California Civil Code § 3346(a) reads:

For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment, except that where the trespass was casual or involuntary, or that the defendant in any action brought under this section had probable cause to believe that the land on which the trespass was committed was his own or the land of the person in whose service or by whose direction the act was done, the measure of damages shall be twice the sum as would compensate for the actual detriment, and excepting further that where the wood was taken by the authority of highway officers for the purpose of repairing a public highway or bridge upon the land or adjoining it, in which case judgment shall only be given in a sum equal to the actual detriment.

The group that removed it settled.

1 Like

So in this case, the injury would be to glitch’s neighbor on whom the tree was, right? But for Glitch99, the tree was not his but they need to remove it from the property and thus trespass to clean the tree. I guess if they did not remove it, he would also have grounds to claim injury.

That was a great story. I have no input/advice on the situation, but, at the risk of hijacking the tread, thought I would share two other great tree stories:

  1. My cousin’s husband hated the tree in their neighbor’s yard. It was close to the property line, but definitely on the neighbor’s property. My cousin’s husband slowly fed the tree Roundup. The tree died and the neighbor paid to have it taken down. My cousin’s husband starts feeling guilty, so he confesses what he did to the neighbor, who responds with, “Good! I hated that tree!”

  2. Our neighbors, whom we have always had a contentious relationship with, had a river birch in the front yard, that was obviously in poor health. We come home one Sunday afternoon to find her in the front yard laughing because one of the three stems had fallen on our house. Of course, being the nice guy I am, I tell her that it’s not a problem and that’s what insurance is for. The stem had literally turned to dust and I mentioned that the entire tree was at risk of falling and that she should have it removed. Fast forward a few months and their is no action and they have become even more rude. So, I call the City to report the tree. I get a call at work from a City worker who is inspecting the tree and he says he doesn’t see a problem. I ask him to get out of his car and actually look at the base of the tree and the damage to our house. Evidently he did, because when I arrived home that evening she was waiting for me. She screams at me, “Did you call the City on me?” My response, “What are you talking about?” She says that the City gave her 48 hours to removed the tree and wants to know who reported her. I did not lie. I pointed out a few neighbors and said there is no way it was them because they are good neighbors and would never do anything like that. It was a true pleasure watching them take that tree down!

3 Likes

Have you fixed your house yet? :grinning::laughing:

Yup. Took over a year to get all of the damage repaired, but we got it fixed, moved, and sold it.

1 Like