Dee_ Ann wrote:
So since he won't deal with them, I will, in my own way. And again, I repeat, I do have his permission to saw them down. So I'm legally in the clear on poisoning them. I'm just doing it in a subversive manner.
Unfortunately getting verbal permission and getting it backed up are two different things.
Since the deed is done, I think I would try to get the guy to sign-off on something in writing for CYA legal purposes, worded as "....permission to use whatever mechanical or chemical means necessary to remove encrouching trees,limbs and branches creating a meanace and danger to property owned by...." or similar verbiage. If he questions "chemical means", reply that you read that to completely dispose of unwanted trees one should use a chemical for treating the stumps to insure the tree doesnt sprout sapplings and cause more problems
Adding something like "[Dee_Ann] agrees to accept responsibility for all damages and expenses (you already are anyway) which may occur to [Dee_Ann's] property as a result of performing acts necessary to eliminate the encrouching tree problem. Then you can present it as "just trying to protect both of ya'lls interests and avoid any future legal issues" inferring that you may persue legal recourse if he doesnt agree to put it in writing. If he takes you to court after that you have his written consent for your method.
He is responsible for any and all damages cause by his trees. You may have to document the less major (car/windshields issues) and expenses and be prepared to defend your actions if/when the time comes. Damages to your home or other structures are worth pursuing in court, your homeowners insurance will love to do that. Faced with an estimate for current and future damages he may elect to eliminate sources of potential future damages on his own. Yuo can add the court costs to your small claims suit and if you win and will likely get that awarded as well.
The utility co
should respond to a report of branch encrouchment on their right of way, but if it is the secondary side feed and is not on their right of way that is "in danger" they may tell you you are on your own. Again that is ammo for future damages, but it sounds like the guy doesnt really care about what might happen until it does.
You should probably address any "leaning/cutting to 4' stumps" you can now, even if it means paying to get it done or having a friend (your helpful neighbor?) etc, do the cutting and piece-milling the disposal of the refuse. Take some "before" pics to support you leaning/encroaching complaints for future reference, especially before you cut anything.
Be aware, if one of the injured or dead trees are still standing during the next major storm and it falls on his or you structure, the insurance companies may find you responsible and refuse to pay.
Some people say fences make the best neighbors. Personally I prefer two fences with a 30' wide bar ditch between them and an acre of land before that in each direction.....MY version of the perfect personal HOA
but I will probably die before I get it that good.
Yes foil hat wearing, conspiricy theorist, and anti-social.....