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Friend Did A Good Deal Of Harm To Our Trees

Friend Did A Good Deal Of Harm To Our Trees

Postby Germain » Sat Feb 08, 2014 2:22 am

I reside in Queens, in Nyc.This is just a small tale. I've a tree-line I planted close to my fencing with among my neighbors. The woods cost me about $10,000 altogether, and are obviously worth more today than once they were planted (some were planted 6 years back, some 5). This past year a brand new friend moved in and, with no notice, used a landscaper to stop all limbs of my bushes overhanging his home. Although I realize that he's a typical law right to complete this, it was barely inauguarating a great neighbor plan to complete so-, and he'd to learn that I was likely to be annoyed-the landscaper cut right in the home line (or so they believed; this show up later in the tale) in the place of performing some smart pruning. The friend never informed me he would try this, and some of my trees wound up looking like half trees. Our first problem is: does the friend, legally, need certainly to inform me of his intention to slice the bushes thus? In that case, can there be any legal recourse if they don't? Our next issue is, will there be any limit as to the they are able to reduce on the part of the home line? I came across a section online that stated that such pruning can not ruin the aesthetic appeal and balance of the bushes. Is this so? Could it be everywhere in Ny and/or NYS regulation? Today, I do not plan to do something about this past year's cutting--Iam certain it's too late, and the woods are returning to some extent. Infact, I'm scared the neighbor is going to do this again. Listed here is where in actuality the property line problem is available in: the neighboris landscaper really didn't quit in the property line. He created a simple-to-make error. You will find TWO walls on that side, one quick chain link fence, which IS correct on the property line, and a picket fence, which covers the chain link fence on my side and is COMPLETELY on my property. There's a space around 5-6 inches between your 2 walls; that space is completely on my home. They slice the limbs as much as the picket fence; they didn't quit in the chain-link fence. I've no intention of caution my idiot friend about his mistake of previous year, which I only observed this year, since, IF he does this again (and it really is simply wanton devastation of gorgeous trees, no matter simply how much the law is on his part), I'D LIKE him to create this mistake, so that I'll have an actionable event (there's really hardly any visual difference between your harm done for the trees if cut for the chain-link fence or if cut for the picket fence; the difference is completely in law). I'm likely to consider some "before" images using a paper to create the first day feasible for the photos. Our understanding is that, if he does slice the limbs after dark home line, he's civilly responsible for the harm. Our last issues are: HOW do I show he has cut after dark home line, to some judge's pleasure? Additionally, may I document LEGAL charges against him for malicious mischief if he reduces after dark home line, and if so, how? Through law enforcement, or another division? Easily may report criminal charges against him and make sure they are adhere, that could be adequate influence to drive him to pay for me compensation with no civil case (ie, I'd drop criminal charges if he settled at-least $5,000).
Germain
 
Posts: 3
Joined: Thu Jan 16, 2014 10:37 am
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Neighbor Did A Great Deal Of Damage To My Trees

Postby Berdy » Sun Feb 09, 2014 4:25 pm

You're likely to be disappointed till you get your face round the concept that your neighbor did nothing wrong.  If you do not like the way he trimmed the bushes, speak to him straight and provide to cut them the way you'd like them trimmed.  If he does not acknowledge, then you'll know where you stand.  Because you've not spoken to this neighbor how would you expect him to know that you're not pleased with his steps?  Perhaps if you'd "man-up" and have an acceptable dialogue, you may uncover that this individual had no sick intent.  Perhaps you have actually considered that he did was inform the organization to cut them towards the wall line and they got caught up?  It happens.     
Berdy
 
Posts: 4
Joined: Fri Jan 03, 2014 5:21 am
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