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A representation of a happy homeowner standing in front of his house, smiling after finally winning a neighbor dispute.
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Careless Neighbor Update: After Two Years, I Won
"Hi folks. This is a follow-up to ‘Neighbor had no idea where the property lines are, and cut down my healthy 89-year-old oak because he didn't like trees being near his shed’, which unexpectedly blew up on this sub. The tl;dr is that in July 2024, a careless neighbor trespassed into my property to cut down a nearly hundred year old healthy oak. He did this because he felt it threatened his shed (it didn’t) and he had no idea where the property lines were and didn’t bother to check, then demanded we split the $2,000 he paid to have it cut down.
My wife and I were both pretty upset about the situation and hit the ground running from day 1. We retained a lawyer specializing in tree law, who advised we solicit a property survey to confirm the location of the tree. This ended up taking nearly two months due to a local shortage of surveyors, and unsurprisingly conclusively demonstrated that the tree was well within the bounds of our property by about fifty feet."
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"While waiting on that, we hired a TPAQ-certified arborist to examine the stump and photos we provided of the tree pre-cutting. His appraisal was that the tree was healthy at the time of cutting, and assessed a replacement value based on Trunk Formula Technique at $11.8K.
However, in my state the replacement value is not considered the basis for damages. Instead, damages for commercially grown trees are three times the value of the lumber, while for residential trees the recognized damages are the reduction in property value as a result of the trespass. Our lawyer provided a recommendation for a home appraiser to determine this value."
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Original picture taken from OP's post.
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"Which just left suing our neighbor for the reduction in property value. By November 2024 we had an appraisal in hand, asserting a loss in value of about $10K. Our lawyer wrote and sent a demand letter, which received no immediate response. After repeated attempts at follow up, and seeing my neighbor walking around his property with a surveyor (now he cares where the property line is), we finally got a response from our neighbor’s lawyer in February 2025."
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"The response basically asserted that the tree was de*d and ‘hollowed out’, that it was on some forgotten corner of the property and therefore worthless, and that it was an innocent mistake by my neighbor so oopsie-daisy not his problem.
This p*ssed me off.
The court system did its thing, slow as ever, and by fall assigned us a court date for summer 2026. Then there was a whole lot of radio silence until lo and behold, come February, my neighbor must have realized that he was actually going to court for a lawsuit he was unlikely to win. Suddenly he wanted to negotiate, offering a very generous $2K."
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A visual representation of an old oak tree in a homeowner's yard.
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"Hah hah lol no. We began actual negotiation and the number started to rise. Apparently, my neighbor was yelling at his lawyer by this point. Eventually, we settled on $7K. I was a bit disappointed by this, but my lawyer gently explained that going to court would mean more billable hours, plus having to pay for the time of our expert witnesses (surveyor, arborist, and appraiser), plus any additional fees that would go into actually extracting the money from this moron if/when we won, and those would eat up the difference even assuming the judge fully sided with us."
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This model represents a man who walked away with a lot of money after a neighbor cut down his tree without permission.
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"At this point our total expenses were just under $5K out of pocket, so we would still come out ahead. There was some additional nonsense with our neighbor asking to pay in installments, but in the end our lawyer received all payment and it cleared to our trust account. So in total it took nearly two years, many hours of emails and phone calls, and almost $5K out of pocket to ultimately receive a $7K settlement for an appraised $10K of damages.
You read about the karmic justice cases where someone gets a six-figure payout, but from my research I gather most cases of tree law go more like this. Most trees just aren’t that valuable outside of exceptional circumstances or treble damages, and it takes a lot of money to actually engage the legal system to force an outcome. My wife and I are very fortunate to be in a position where we could afford to spend so much out of pocket in the hopes of getting repaid at some unspecified point in the future. A lot of people don’t have that luxury, and unfortunately that means little recourse in a situation like this.
Spot on. Do I regret the decisions that brought us to this point? [Heck] no. If our neighbor hadn’t been such a blithering idiot by denying responsibility at every step along the way, we could have resolved his error with more money in both our pockets and his. He instead, after being proud of having 'only' spent $2K to have the tree unnecessarily cut down, chose to end up paying an additional $8-12K between the settlement, survey, and legal fees of his own. S*cks to s*ck."
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An illustration of a happy couple planting a tree together as a symbol of growth, love, and new beginnings.
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“I suggest you can use the $2k to hire a stump puller, get the stump out of there, and then you and your wife can plant a new tree together, which I’m sure will be a wonderful bonding experience and you can enjoy watching the tree grow, together”
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