Can someone help me with a legal problem. I live in the state of Texas and have a very problematic neighbor. Who has decided she didn't like the way our tree was growing ... yes there where limbs that hung over onto her property but where 40ft in the air ... She also took it about herself to cut down (2) 15ft smooth bark Crepe Mertles that line our property that where in bloom at the time she cut them down to 5ft. Having to come onto our property to do this. When asked to stop cutting and let the trees finsih blooming. She said that she didn't like them and that they where coming down. The large tree which was a living memorial to my husbands father that was killed on this property was over 100 years old and is now dying due to the severe beating and yanking that the workers did on the tree when trying to pull it down. We are heartbroken and outraged at such a brutal act of ignorance. We want our trees removed and taken down and replaced along with damages to a living memorial that is dying. Where do we go and who do we see??

Reply to post by Juliana Holt, on May 30, 2002 at 10:32:09:

At this point, your first stop should be a lawyer. Get advice from him/her regarding an injunction against your neighbor. Contact a qualified arborist, either certified by ASCA (American Society of Consulting Arborists), or ISA, (International Society of Arborists). They will be able to fix a value loss to your plants. In fact, if you find a good consulting arborist first, he/she may be able to steer you toward a lawyer familiar with tree law and related issues. Good Luck,

James

Reply to post by Juliana Holt, on May 30, 2002 at 10:32:09:

Either a consultant or a lawyer will tell you to document every detail about the trespass. n Photographs, kinds and amount of wildlife (your pets, since you were caring for them)disturbed, written records of conversations, dates and times, other witnesses...

The more you do to show what happened, the less you'll have to pay someone else to do. Also use your local extension office as a free reference.

Get a second opinion on the necessity of removing the tree. trees are resilient creatures, and a local arborist might have thoughts on how to help the tree recover and reinstall the homes of your pets. this is known as "Cost of Repair", and all expenses should be recoverable if you succeed in legal action or settlement.

A consultant is more important than a lawyer at first, imo. One with local experience may give you enough support to represent yourself at a small claims hearing. At the very most, you'll only need a lawyer for the day of the hearing if you and a consultant do the preliminary work.

Don't give up, and let us know how it's going.

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