A crape myrtle is made up of many small trunks and it is common to see them get ‘topped’ by owners who don’t want them to get too tall. So it might not kill it, but it certainly changed the look of the tree and how will it look in the future. The fact that they cut over your property should give you a lot of recourse. It is one thing if they cut the branches which overhung into their yard, but it’s totally different if they cut over in your yard.
I’d get all the photos and documentation you can now. When they get back, I’d keep it very simple:
Could you please tell me why you cut off part of my tree that was in my lawn and then dumped the branch in the greenbelt?
Keep it simple and to the point. Then you can explain to them that asking you for help with their problem would have been the correct thing to do and that cutting a tree limb actually in someone else’s yard and dumping it on city/county property are both illegal and subject to fines.
And then stop talking and let him keep answering. Many people can’t handle it when you just state the facts and then stand your ground.
I’d also ask him for the name and number of his homeowner’s insurance rep.
(In fact, if you haven’t contacted your own, you probably should because YOUR insurance may want to send a little letter of their own or have more suggestions for you.)
Yeah, not at all a tree I’m familiar w/ up here in the tundra (Chicago), but looks like it is much more likely to bounce back than if the neighbor topped - say, an oak.
But you definitely don’t want the neighbor to be in the habit of doing that.
I’d tell you what I’d do, but I’m pretty sure its against board rules.
In the interest of looking at every possible angle …
Maybe the tree / branches were breaking, and the neighbor was trying to be helpful.
About a year ago, the top quarter of a 10-year-old red maple in my yard broke off. A rainstorm had come through (not terrible, but a little windy) and the top bit of the tree just snapped. It didn’t completely break, though; it was bent completely over, holding on by a few fibers and the bark. I had to get a ladder and a saw to finish removing the broken portion and cut it up so the city crews could haul it away.
I know it’s highly unlikely, but maybe something similar happened here.
Regardless, though, they should have said something to you before doing tree surgery on your tree.
OK, I made some progress. Thanks to you folks I did not follow my reptilian instincts to drag the dead limb to their front door covered in dog shit and leave a dirty note. I left everything as I found it yesterday.
I contacted my insurance agent and he responded quickly - advising to go talk with them and in writing explain what they did wrong, and send him a copy. He said they are probably liable for at least having an arborist come out and assess the tree, as well as any costly outcomes from that assessment. He was going to follow-up with their insurance to ensure this is so.
I also left a message for my city’s code enforcement officer yesterday about the dumping in the green space, and she returned my call today, explaining that the tree cutting was a private issue, but she was going to take action on the dumping in the open space by sending someone out to verify the situation and put them on notice to clean up their mess.
I wrote a letter to the neighbor and included my photos, and plan to give it to them in person when I go chat with them (they have been away the last couple days). I explain that they will be paying for the arborist assessment, and to expect to be contacted by the city code enforcement officer regarding the clean-up. I also emailed that letter to my insurance agent and the city code enforcement officer, so they both have a copy.
I honestly probably wont pursue the arborist as I think the tree will eventually recover it’s shape in a couple of years (if left alone). It is nice to be able to use the cost of the arborist as a threat to get their attention, tho.
Bottom line: the city now has a record of my complaint about the issue, with photos, so I (hopefully) will not be blamed for the illegal dumping. My neighbor will get the point and will (hopefully) learn not to do this any more. They could also get nasty and be dicks, but we’ll see.
BTW: the limb was healthy, full of green leaves and white bunches of little flowers. Like this one pictured here, but a few feet taller and wider, at the height of summertime bloom.
Sounds like you are checking off the right boxes. The one thing to keep forefront in your mind is that you ought not expect to be “made whole,” or to have the resolution you feel right.
If I were you, the main thing would be to put the neighbor on notice not to do it again, and to have a record with the city in case anything else develops. Like you said, the tree will probably recover, and seeking much of anything more will likely just take too much effort. You don’t want this one ugly incident with one asshole to become your life.
Also, think of how you might maintain that tree and others to manage their growth in the future, so as to lessen the chance of them setting your neighbor off. If the side nearest him looks worst, that is fine, if training it that way makes it less likely that he will lop off another major branch. Make sense?
Looks like a really pretty tree. The page you cited says grows 20’. Was yours really 25’?
Dinsdale, agree. I should be more proactive in managing the growth. The tree was definitely around 25 feet, altho I will admit it’s possible I am not estimating accurately - it was as tall as the top of our windows on the 2nd floor.
I definitely want to avoid drama with this neighbor, so I hope they will get the message and we can move-on.
We have also complained to them about their outdoor speaker system being too loud at times, but they still seem to want to push the boundaries there, even after repeated requests to turn it down. At times we can hear their music clearly in our house with the windows and back door shut, but they usually turn it off at 10 PM. I can easily see them cranking it up now to get back at us - they are that juvenile and petty. We’ll see. That is a discussion for another thread.
Plants like trees and shrubs getting damaged, removed, or killed by asshole neighbours means it is virtually impossible to be made whole; only time will replace a mature shrub or tree.
I’m sorry you have such sucky neighbours, OP.
Good to know what is and isn’t allowed, and what the authorities will or won’t enforce.
We just put up a 6’ fence, which has eased our minds considerably. Along the way, the city told us they wouldn’t enforce the noise ordinance when they play halloween music. So at least we know we just have to live with that.
Sucky neighbors suck, but can be the price of living near people. Don’t make the biggest assholes define your home/life.
Your property value just declined with the criminal damage to the tree.
I have a tree (on my land) with overhanging branches into a neighbors yard. He cut more than he should and I confronted him. He remain ignorant and obstinate until I informed him an arborist often values a tree by species, age and tree height. In my case, I can take him to court if I want because lopping several branches more than he should renders the tree valueless. And my 40-foot fir tree is $50,000 to replace as is. That it’s diseased and I will bring it down is his only saving grace. My neighbor remains very meek with me now.
They took off the top of the tree? WOuldn’t that entail going onto your property? Or did they “just” take off a chunk of the side (and was that side protruding over their property line)?
If the top, then you could nail them for some kind of criminal trespass and vandalism.
This tell what tree topping does to a tree , you should check out the cut on your tree and see if needs to be fixed so insects can’t get into the tree and kill it. We had apples trees at my condo pruned improperly and insects are eating away at our trees. I would had be BULLSHIT if some jackass did that to tree of mine ! I know this is kind off topic but if you have any pets I sure wouldn’t let them out alone with neighbors like your!
Crepe myrtles will have no problems growing back. I almost consider them weeds but they are pretty when they bloom. They’re messy though.
I had a similar situation but not quite the same. I had a pear tree in my yard and about a third of it hung over a neighbors yard. Multiple neighbors were fine with it but a new owner took one look and offered to cut it down for us. While we debated whether to get rid of it, he decided to cut every branch on one side making it a topping risk and essentially making my decision for me. I wasn’t happy about it but I had no recourse legally.
Sounds like time to replace it with Honey Locust. Lots of 'em.
Yes, during the summer they are messy, and literally humming with bees. I suspect the neighbor here wanted to trim branches due to the flowers and resulting mess. However, I found this article which states:
Leaves, bean pods, or acorns which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest.
If they are bothered by the flowers falling into their yard - I can help by trimming back some of the branches - but I can only help if they ask. Otherwise, stuff falls in their yard, too bad. So, they do have the right to trim stuff up to the property line, as we all have been saying, but they should have contacted me before doing anything (we were home all weekend), and they cannot reach over into my property (which they did).
I was contacted by the code enforcement officer and she reported that she went out to the property and verified the illegal dumping on the city’s property, and left them a notice to clean it up - they have 10 days.
Interesting thread. Makes me grateful for my neighbor, she was very congenial when we had to replace our mutual fence a couple of months ago. It also teaches me that I should have discussed first with her before I trimmed ivy on that same fence a few years back. The ivy was taking over the fence, and tearing it down. It was the right thing to do, and afterwards she said it was fine that I did that, but still I should’ve discussed it first. It was a brain hiccup on my part, I just wasn’t thinking. Glad it turned out okay.
snowthx I hope your discussion with your neighbor goes well.
The neighbor came home the day before yesterday, but I was not able to get over there during daylight hours so just planned to stop by over this weekend. However, yesterday after work, she stopped by my place and knocked on the door. She was very, very apologetic (probably due to the notice from the city), but I firmly stated she cannot reach over the fence to cut branches. I explained that I would be happy to help if something needed attention. She played the damsel-in-distress card, but I had none of that. I just reiterated she cannot reach over the fence to trim. I did toss her one card, tho, by saying I would be more proactive in trimming the back of the trees, and invited her to come ask me for help, with anything, if needed.
I regret not asking her about disposing of the limb on the green space. But, I got what I wanted out of this: my report on record with the city, being able to tell her she cannot reach over the fence to cut branches, and her having to clean-up the mess in the public space via the code enforcement officer.
I don’t want drama or a running feud with the neighbor, so I will move on. The cut branches cannot be put back, so no need to dwell.