Members picker13 Posted April 28, 2009 Members Share Posted April 28, 2009 You might try small claims court, ask for damages just at the limit. But in the end, it will be your word agains his. The only thing you have going for you is the ladder being tied to the tree. Depending on the state, he might be able to win a counter claim for time lost from work, etc. Get over your anger. Forget about doing anything directly to him or his property. Chalk this one up to experience. Take the tree down. Then plant some fast growing tall trees all along the back fence. Just don't do anything that appears to be directed at him, as it is clear he will return the favor. It's too bad you have already talked to you insurance company and the police. If you could have claimed ignorant of the poisoning, it might have been "justice" to demand that he come get his ladder off your property. Then, when the tree fell on his house, he would be out the deductible to repair the damage, remove the tree that was on his property, rebuild the fence (in most states it is the property owner's responsibiltiy for damage, not the tree owners -- unless you can prove negligence for not removing a known dead and decaying tree). Link to comment Share on other sites More sharing options...
Members LouSpaceMonkey Posted April 28, 2009 Members Share Posted April 28, 2009 I would do this: Like Brian316 said document all that you can about the tree and incidents leading up to now. Monetarily is seems the claims court and lawyers, are prohibitive for you. So, I would go to my local news media. I know up here in DC, they eat this kind of thing up. Invite them do a investigative news piece/editorial, on your plight, convicting this asshat in the court of public opinion, would ruin/hurt him far worse than small claims court and it wouldn Link to comment Share on other sites More sharing options...
Moderators ThudMaker Posted April 28, 2009 Moderators Share Posted April 28, 2009 1) I know people want to call this guy a bully, but he's more a coward. A bully pushes you around and makes sure you know about it, this guy is trying to be sneaky and get away with something. That's very true. In this instance i think of "bully" not in a schoolyard sense, but in a way that this guy will do what he needs to do to get what he wants until unpleasantly required to stop do to consequences of actions. Good luck with the camera. Link to comment Share on other sites More sharing options...
Members gatogordo Posted April 28, 2009 Members Share Posted April 28, 2009 According to another neighbor, he's used this trick with Roundup in the past... just LOTS of it. There is a chemical called, "spike", that can be used to kill trees. It would take a lot of roundup to kill a big tree. Spike was used on a tree at my college by a neighboring business. With a little pressure the business owned up to it. They payed the university $20,000. This was an 60 year old walnut. Good Luck Link to comment Share on other sites More sharing options...
Members slapthefunkyfour Posted April 28, 2009 Members Share Posted April 28, 2009 Newspaper Classifieds:Almost every newspaper out there lets you call in the ad you want to have in the paper and then they send you a bill for it. In other words, it's free. Look in your local paper and judging from the ads that are in there, think up something that would be a really hot item to sell such as a house for rent. (Houses and cars usually get the best results.)Call the paper and tell them that you're the neighbor and you want to put an ad in the paper. Have something ready like, "Nice 3 bedroom, 2 bath, garage, den, dining room, great neighborhood, $300/month, $200/deposit." Compare your ad to the others in the "For Rent" section and be sure that yours is the very best deal in there.As a phone number to call to inquire about the house, leave two. "Call anytime 24 hrs at 635-8312 or 635-9207." The first being his work phone number and the second being his home. Now when an awesome deal like you've put in the paper is seen, it gets a tremendous response. I'm talkin' about his telephone ringing constantly for two days straight at the least.He'll get in big trouble with his boss at work for recieving 2 billion calls. Even if he's able to convince his boss that he wasn't responsible, he'll still look bad. I mean, what would your boss think about all this happening?Just for fun...lol FTW!!! I'm thinking about doing that to my brother just for kicks. Link to comment Share on other sites More sharing options...
Members fretless Posted April 28, 2009 Members Share Posted April 28, 2009 contact these guys and tell them there is a killer on the loosehttp://www.arborday.org/arborday/celebrate.cfm ooh contact your local news and paper and tell them someone is out to get all the old oak trees and come see what they have done . Link to comment Share on other sites More sharing options...
Members Phantasm Posted April 29, 2009 Author Members Share Posted April 29, 2009 contact these guys and tell them there is a killer on the loosehttp://www.arborday.org/arborday/celebrate.cfm I just sent them my story, let's see if they respond. It's a long shot, but we'll see. I'm a lot less furious today than I was yesterday and at least starting to think clearly. Link to comment Share on other sites More sharing options...
Members Phantasm Posted April 29, 2009 Author Members Share Posted April 29, 2009 Drilled into the tree, or into the ground around the tree?What about the grass around the tree? Drilled holes into all the roots going into the ground around the base of the tree. There is also a single hole waist high. Grass near the roots is dead. Link to comment Share on other sites More sharing options...
Members Phantasm Posted April 29, 2009 Author Members Share Posted April 29, 2009 Phantasm, have you taken photos of everything so far? ESPECIALLY the holes?And if you needed him to testify, would the arborist show up for you? We have pictures, including pictures of chemical containers in his yard. I'll contact the arborist again once I have the report in hand. Link to comment Share on other sites More sharing options...
Members In Absentia Posted April 29, 2009 Members Share Posted April 29, 2009 We have pictures, including pictures of chemical containers in his yard. I'll contact the arborist again once I have the report in hand. Sounds like you have the makings of a pretty decent case. Link to comment Share on other sites More sharing options...
Members rikshaw Posted April 29, 2009 Members Share Posted April 29, 2009 It would be sweet if the court would order him to pay for taking down the sick/dead tree and also order him to pay for planting the exact same kind of tree as a replacement. Link to comment Share on other sites More sharing options...
Members Phantasm Posted April 29, 2009 Author Members Share Posted April 29, 2009 It would be sweet if the court would order him to pay for taking down the sick/dead tree and also order him to pay for planting the exact same kind of tree as a replacement. Actually, the tree has value and is being appraised by the arborist. In other words, he'd have to pay for the tree to be removed by a licensed, bonded contractor and he'd have to pay damages equal to the value of the lost tree. Link to comment Share on other sites More sharing options...
Members JeffBass Posted April 29, 2009 Members Share Posted April 29, 2009 Actually, the tree has value and is being appraised by the arborist. In other words, he'd have to pay for the tree to be removed by a licensed, bonded contractor and he'd have to pay damages equal to the value of the lost tree.Just for kicks you ought to place a fake tombstone out by the tree with your neighbor's name on it. If he steps in your yard, let the pitbull go at him. Link to comment Share on other sites More sharing options...
Members irishstu Posted April 29, 2009 Members Share Posted April 29, 2009 We have pictures, including pictures of chemical containers in his yard. I'll contact the arborist again once I have the report in hand. This is good news. Is there any way you could get a soil sample or something to see if the chemical used could be identified? Link to comment Share on other sites More sharing options...
Members jonjohn Posted April 29, 2009 Members Share Posted April 29, 2009 This is good news. Is there any way you could get a soil sample or something to see if the chemical used could be identified? Yes good Idea. You should totally be able to get a soil sample, I used to work on a veggie farm and my boss used to get them all the time. For testing what the sprays (weed killers, insecticides ) where doing to the soil Link to comment Share on other sites More sharing options...
Members Narcosynthesis Posted April 29, 2009 Members Share Posted April 29, 2009 The one problem I can see is that all your evidence is circumstantial - lots of facts that point directly at your neighbour (him wanting rid of the tree, fence, links with poison types and so on) but nothing directly proving it was him that did it - I will admit though that I have no knowledge of how small claims court works and whether that would be enough for a conviction. One thought on proving the source of the problem - how well secured is your yard? Can you just walk round the house unhindered from the road, or would you need to walk through the house or hop the fence? If the house is open it would theoretically be easy enough for someone else to do it, if it is sealed then it points the finger pretty directly at him when you can prove the lack of fence at the same time the poisoning took place. You also mentioned that via another neighbour he has used similar methods in the past to kill a tree - was that his own or were there any odd circumstances? If he has gone against other neighbours before then getting them on your side could be a good plan. Link to comment Share on other sites More sharing options...
Members Rowka Posted April 29, 2009 Members Share Posted April 29, 2009 The nice thing about civil court is that the basis for deciding is the preponderance of the evidence, NOT beyond a reasonable doubt. Generally, preponderance is evidence of a quality and quantity which leadsthe decision maker to objectively conclude that the existence or truth of thefact(s) asserted is more probable than not. Link to comment Share on other sites More sharing options...
Members Banta Posted April 29, 2009 Members Share Posted April 29, 2009 Show him the report. Bring a recording device. Try to get him to fess up. +1 Police are no help unless you do their job for them. Link to comment Share on other sites More sharing options...
Members countrybass Posted April 29, 2009 Members Share Posted April 29, 2009 That's a rediculious sitiation. Your neighbor is a real azz!!! Link to comment Share on other sites More sharing options...
Members Bryan316 Posted April 29, 2009 Members Share Posted April 29, 2009 Contacting the local news centers to do a Scam Story on him is a great idea. DON'T do the newspaper ad, it'll only come back to bite you and put a dent in your case. YOU ARE INNOCENT, YOU MUST MAINTAIN INNOCENCE. He is the villain, only HE should have anything to defend. Definitely call maybe the CDC or Poison Control, and ask them to test your soil for toxins or poisons similar to the containers seen around his house. If you took photos, the chemists would be familiar with them and know which chemicals to look for. Link to comment Share on other sites More sharing options...
Members guitargod0dmw Posted April 29, 2009 Members Share Posted April 29, 2009 I really can't believe that someone you live next door to would do something like this. Maybe he did it thinking that it's ok because you told him that is he pays for it, you'd think about having it removed. After you get all your stuff together (camera, recording device) you should ask him about it...it's totally possible that he just blatantly says "Yup...I drilled some holes and poured poison in it...see?" Asshat Link to comment Share on other sites More sharing options...
Members Super_Donut_Man Posted April 29, 2009 Members Share Posted April 29, 2009 This man is a jackoff... I cannot stand people like that. Link to comment Share on other sites More sharing options...
Members Phantasm Posted April 30, 2009 Author Members Share Posted April 30, 2009 Cameras mounted, tree fertilized! Let's see what happens. Link to comment Share on other sites More sharing options...
Moderators ThudMaker Posted April 30, 2009 Moderators Share Posted April 30, 2009 Cameras mounted, tree fertilized! Let's see what happens.It's almost like going fishing! Link to comment Share on other sites More sharing options...
Members Renfield Posted April 30, 2009 Members Share Posted April 30, 2009 Everytime I see "arborist" I read it as "abortionist", and I keep thinking how could that possibly be related to a tree issue?You seriously need to seek out the rapist, I mean therapist. Link to comment Share on other sites More sharing options...
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