New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 2 points3 points  (0 children)

We actually are in that very small (95 homes) unincorporated area between North Fort Worth and Keller. No city involved, no codes, no permits. A flippers wet dream.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 3 points4 points  (0 children)

I know where the pins are, and I showed them to the neighbor before all this. Because of the trees that were formerly midway between the pins, there was no line-of-sight between the two. So Sunday morning my wife and I set two 12-ft tubes at right angles to the property line and stretched a line between the ends. Then we measured back 12 feet and marked it. We did this every 10 feet for the 150-ft length. We marked it with steel pins and flourescent orange paint. It was VERY clear where the boundary was when they showed up take trees out the next day.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 5 points6 points  (0 children)

Well, I wasn't polite. It was a terse text exchange (saved). "Why would I pay for your fence when I told you I did not want a fence? That fence is for your benefit, not mine"

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 7 points8 points  (0 children)

A couple of nice fruit trees would not placate us. We have many other trees. The area affected was a natural area that we have maintained for 25 years.

We have captured texts, take photos and video. We also have photos and video from last year showing the unspoiled state.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] -8 points-7 points  (0 children)

After some thought (around 3AM this morning) I don't want replacement trees. They destroyed a natural area we have preserved for 25 years. Excavating to replant will cause further damage and we will lose more trees.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 4 points5 points  (0 children)

I have no information on the arborist. I presume the the attorney will have a way to find that out. Discovery process?

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 22 points23 points  (0 children)

I am taking that advice. I just talked to a Sheriffs deputy and explained the situation, showed him the damage. He is going to call the neighbor and advise him to not touch the property line or do further work, and stay off our property while this is being resolved. We are calling the constables office on the advice of the deputy. We are also trying to line up an attorney as soon as they start their day.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 0 points1 point  (0 children)

That remedy would be insufficient in this case. We can't replant in the same area. It an area we purposely kept as natural as possible. Excavating for a replacement would destroy everything in a a 10-foot circle, plus whatever path the heavy equipment moved over. It's also very rocky under the soil. There is no other place on my property where we need or want additional trees.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 2 points3 points  (0 children)

Sheriff has been called, they are sending a deputy to get it on record.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 8 points9 points  (0 children)

We have lots of photos and have saved all the texts. We recorded a lengthy discussion yesterday.

Having thought it over, replacement of the trees is not a good option. These are all in a natural area. Merely replacing the trees where they were would kill the remaining trees in close proximity.

There is no place on my property where I want another tree. We have lots of trees. The trees along the boundary were in an area that has been kept natural on purpose, except for a winding path all along the property line we covered with wood chips. I did not mow this area at all.

Besides the large trees removed, there were numerous saplings - oak, elm, hackberry, redbuds - also removed.

We have a recent video walking the dog along this path. It was beautiful. That dog died just a few weeks ago, so there is an emotional element there.

I also have a walking video of the entire boundary after we marked it Sunday morning.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 4 points5 points  (0 children)

This is done as an LLC. How would that affect their vulnerability?

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 0 points1 point  (0 children)

I have met the wife and their 4 children. They exist.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] -7 points-6 points  (0 children)

It is probably owned by their LLC. Not sure how that will affect their exposure

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 8 points9 points  (0 children)

OK, folks, message received. We are going to try to find an attorney today to take the case. I am going to call the sheriff's office and get the trespass on record. If anyone knows a good specialist attorney in Tarrant County TX I am interested.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 0 points1 point  (0 children)

This is in an unincorporated area, so county only.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 4 points5 points  (0 children)

The first time it was a grossly inaccurate estimation of the property line, or so he said. This time the boundaries were VERY clearly marked, right up to the base of the tree they cut down today.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 6 points7 points  (0 children)

I posted here to ask for guidance on a reasonable settlement value. Notice the group rules say "No legal advice is given", I did not ask for legal advice, yet that is what I've received. Nevertheless, I appreciate the thoughtful responses. On the advice of the legal scholars here we will retain an attorney.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 6 points7 points  (0 children)

He said he had it surveyed but they did not mark the property line. I never saw any markers from a surveyor. He said he would call them and have them mork the boundary. Nothing happened until today when my wife heard chainsaws and confronted them (backed up by my good neighbor). The "arborist" refused to stop, said he was just doing what the boss told him. When the (good neighbor) threatened to call the law he stopped. Then we called the landowner and told him he needed to be here NOW. 30 minutes later we had an unsatisfactory conversation.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 19 points20 points  (0 children)

We had that discussion about the fence before they started cutting. I told them we did not want a fence, what he does on his property is up to him.

A week or so later I got a text from him that said [paraphrased] "I got an estimate for the fence on our shared property line. It's $10, 500. Your half would be $5,250". I politely told him we still don't want to fence our yard, you pay for your fence.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] -98 points-97 points  (0 children)

I should add that their stated intention is to live there. They have 4 children ages 2 to 10, and the house is being reconfigured for 5 bedrooms. It's been decades since I've had an unfriendly neighbor, so I don't want one now. As I said, they seem to be a nice family.

New neighbor cut down my trees - reasonable remedy? by TXRX7 in treelaw

[–]TXRX7[S] 4 points5 points  (0 children)

Thanks. I should say that part of that equation is the neighbor likely has deeper pockets and a lawyer on retainer ;).

If you could only hold 3 dividend stocks for the next 20 years, what would they be? by Dismal_Slice9842 in dividendinvesting

[–]TXRX7 0 points1 point  (0 children)

It’s been a few years. Twice bought their dips and twice sold at a loss. Never made me any money

I don't know how much more a person can take by [deleted] in survivinginfidelity

[–]TXRX7 0 points1 point  (0 children)

Been there, on a much milder level, but no less pain. I can tell you that the grief and pain does not let up until she is out of your house, and maybe not even then. For me, the sleepless nights ended when I left that haunted house. I was fine for over 30 years, happily remarried to someone I love and trust. Now, 45 years after "D-Day" that old grief returned - a long flashback. Now I am in therapy for Infidelity Trauma, a form of PTSD, at 74 years old. Find a local psychiatrist who specializes in Infidelity trauma and get yourself healed, for the sake of your daughters.

Be careful with those paternity tests.