what would you do with this neighbor? advice please (Arborist needed)

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John@Outfront

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i have a rental home in corona, my backyard goes up a little hill to the neighbors home with a 2 foot retaining wall and on top of it is a wooden fence/  on my hillside i have a few trees that were there when i bought the house.  about 3 years ago the neighbor who rents his home to his son sent me a letter asking me to cut down my tree in the corner, said if it falls down it would hit his house.  i went over to me rental and its a big tree but was healthy and wasn't even threatening his home.  i told him (in a letter or email) that i was not going to cut my tree back as it doesn't even pose a threat.  then last month my renter tells me my tree is dying or dead and i should come over and check it out.  then 4 days ago he calls me and said my tree was poisoned.  i asked him how he knows that.  he said there is a black stain on the concrete retaining wall like the neighbor poured liquid in my yard and the trunk is very black.  so i just got back from looking at it.  the guy drilled two holes in my tree about 1" diameter going straight into the trunk down at a 20 deg angle.  probably pour poison or wood stain into the hole  there is really ugly looking dried sap oozing out all over the place.

i will include a video and pics shortly.  this tree will cost thousands just to remove let alone try to replace this 50 foot tree.  i feel like i want to pursue legal options.  i think my first thing is to call an arborist, then have the bark, sap and ground analyzed to see if they can tell it was poisoned.  problem is i can prove "he" poured it but its all circumstantial evidence but he is the "only" person who had access, the holes are drilled directly perpendicular from his fence.  it would have been really easy when he was replacing the fence.

what would you do? 

 
If you can prove it he could be liable for the tree and expenses these kind of things get real nasty.

 
IMO from years of landlording 

proving it will be very tough . Just get it cut down and move on . The stress of proving this and that isn’t worth it at all . You know he did it , we all know he did it . Just make it known to him that you know he did it and claim the loss sizably on your taxes as unrecoverable damages . 

Then let the dust clear a bit and subscribe him to every raunchy gay porn mag you can . If that’s too brutal Shoot some invasive ivy seed over the wall . 

 
Do they have a pool? Usually why neighbors want a tree removed.

If so when you have it cut down get at least 2 blowers to blow all debris from tree as it’s cut, into their backyard/pool. Then take a pipe over fence into water and dump 5 gallons of motor oil in pool. Maybe even few lbs of nails over the fence into pool too. Fertilizer is fun in Pools also. Lol

If he has cameras then maybe don’t do the pipe w oil. 

Otherwise just like you can’t prove what you know he did they can’t prove what you did.  

 
Davyjones said:
IMO from years of landlording 

proving it will be very tough . Just get it cut down and move on . The stress of proving this and that isn’t worth it at all . You know he did it , we all know he did it . Just make it known to him that you know he did it
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How much is that tree worth to your mental health? Sometimes, as much as it hurts inside as a man, we need to cut our losses and move on. Otherwise we are subjecting ourselves to more and more stress and unneeded mental torture. Remember, where there is no fuel, there is no fire. 
 

I just went through something where I just decided to cut my losses. I couldn’t do anything legally because the cops couldn’t prove it, although I knew for a fact, just like you do now, who did it. It was going two ways. He gets hurt and I end up in jail over a few grand, or I let it go and karma comes back around to take care of him. In my younger days I would have sat in jail, no problem. I now have a family and decided it wasnt worthy of my stress and mental torture I was putting myself through. Once I let it go, I felt so much better. 
 

make a good decision John, integrity is worth so much more than a stupid tree and a few grand to cut it down. You can’t buy integrity. 

 
I was in a similar situation and eventually just conceded.  And as @BONES said, you cant buy integrity, however, you do have to continue to make payments for it. 

 
Agree with the sentiments above. It's going to be tough to prove anything and if you start a war with the neighbor it will be at a house you don't even live at. 

 
Without absolute proof that the neighbor did the deed, any time or money spent on legal proceedings is a waste. I agree with removing the tree and moving on. Remember, he will be expecting retribution so be cool. 

  Has he done any projects that may not be permitted? Code enforcement loves those calls. Does he have a barking dog? Is he renting a room out? I also like DavyJones ideas. The magazines may be hard as everything is online now but you may be able to find something. Weed seeds are even better but remember, cameras these days are very good. 

 
Yes, you can bet he has the best cameras by now, and pointed at your yard. Best you can do it get officials out looking at your tree, get them focused on the neighbor's house, looking, pointing, and talking. 

It may not do anything or go anywhere, but he will get a clear message. 

 
The 3 S's might apply here.  You DO have digging equipment...

Just kidding.  Cut your losses and move on.

 
Kraut_n_Rice said:
F him. 

Let the tree fall on his house.  Your insurance will take care of it, and he will have to deal with a jacked up house for months and months while it gets repaired.
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This, I would even knock on his door and let him know what is going to happen.

Oh and time to get some game camera's and keep an eye on that tree.

 
John that sucks...

Ethically, that Douchebag should pay and be held accountable...but like others said proving it would be hard in this day and age!

Scum sucking POS's get special treatment in our esteemed court system...where as hard working, decent people like yourself are actually thought of as the one with the problem! 

Say you just cut it down and be done with it.............

It would be a shame when he goes to start his car and it doesn't (sugar in the gas tank) :poke:  

would be a damn shame for him if that were to happen...wink wink...nudge nudge....just saying, would be a damn shame!

:bag:  

 
On my rental home, the neighbor reached out to me to complain that the tree was tearing up his walkway.  I gave him approval to remove, didn't cost me a dime.  This neighbor was a piece of ass.  

 
If you have his number, place an Man looking for man ad on craiglists. his phone will blow up.................we did this as a practical joke, the guy had to change his phone number

 
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